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<b>BaseballHQ.Com</b><BR>Annual Subscription<BR>Auto-Renew Plan
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Conditions of Use Conditions of Use

Last Revised: December 7, 2006

The following Terms of Service ("Agreement") govern Your purchase of or subscription to and use of all products and services ("Service"), which are produced by Fantasy Sports Ventures ("Publisher"). Please read the terms contained in this Agreement carefully. You can access the current form of this Agreement at any time at https://www.baseballhq.com/terms.html.

You may use the Service for Your personal use only; specifically, You may use the Service to enhance Your enjoyment of professional baseball and as information that assists You in Your participation in fantasy league baseball. "You" are the person who registers to use the Service.

Publisher may modify these terms from time to time; notice that revisions have been made will be posted on this page. Continued access of the Service by You will constitute Your acceptance of any changes or revisions to the Agreement.

You may use the Service only during the term of your subscription to it (the "Term"). If You breach this Agreement, or any rules posted at various points in the Service, Publisher may suspend or terminate Your access to the Service, without notice, and Publisher may obtain all other remedies available to Publisher under law. Publisher's decision of whether to terminate or suspend will be made by Publisher in its sole discretion.

REGISTRATION AND ACCOUNT CREATION
You may be required to provide Publisher with certain registration information. You agree and represent that all registration information provided by You is accurate and up to date. If any of Your registration information changes, You must update it by visiting the "Subscriber Support Center" at the URL, https://www.baseballhq.com/support.shtml, or by calling 1-800-422-7820.

USE OF PASSWORD
Your right granted by this Agreement to use the Service is personal to You You may not authorize others to use the Service without the written consent of the Publisher. THE PROHIBITIONS IN THIS AGREEMENT ON ACCESS AND USE BY THIRD PARTIES APPLY TO LIBRARIES, ARCHIVES AND EDUCATIONAL INSTITUTIONS. YOU MAY NOT SUB-LICENSE, TRANSFER, SELL OR ASSIGN THIS AGREEMENT OR YOUR ACCESS TO THE SERVICE TO ANY THIRD PARTY WITHOUT PUBLISHER'S WRITTEN APPROVAL. Any attempt to do so will be void and a material breach of this Agreement. Publisher may assign this Agreement.

You must prevent unauthorized access and use of the Service (i.e. use or access by anyone other than You) via Your subscriber ID and password. You are solely responsible for maintaining the confidentiality of Your password. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your subscriber ID and password.

If You have reason to believe that Your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Your ID, password or any credit, debit or charge card number stored on the Service), You must promptly notify us by visiting the "Subscriber Support Center" or by calling 1-800-422-7820.

Publisher may monitor use of the Service through the use of technologies intended to confirm delivery and detect unauthorized usage.

FEES AND PAYMENTS
Publisher may charge You fees for access to portions of the Service or for the Service as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through Your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by Publisher or by any third-party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Publisher reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to You, pursuant to the notice procedure described below.

You shall pay all federal, state, or local taxes imposed on the Service and the transaction under which you subscribe to the Service. You shall pay all such taxes without deducting from the amounts due to Publisher under this Agreement. If any taxes arise that are not collected and paid by Publisher, You remain responsible for them. Publisher shall pay any taxes imposed on its income.

If You submit Your credit card information to Publisher upon registration, You give Publisher permission to charge all Fees incurred through Your account to the credit card You designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to Your credit card or Your payment is returned to Publisher for any reason, including chargeback, Publisher may either suspend or terminate Your account and all its obligations under this Agreement.

USE OF THE SERVICE BY YOU
You acknowledge that the Publisher creates the content of the Service through extensive work, and that, financially, the Publisher can provide the Service only if all users of this content pay to be subscribers of the Service. Accordingly, You may not use, reproduce, resell or distribute, transmit, or display the Service (or any part of it) for any commercial or non-commercial purpose, such as selling any part of the materials available through the Service or incorporating them into a similar service, without the written consent of the Publisher. You may not create derivative works from, distort, or otherwise modify the content on the Service. You may not defeat or circumvent security features, or attempt to do so. The limitations in this paragraph apply not only the Publisher's Intellectual Property, but also to any non-copyrightable information provided by the Service.

You agree not to use any obscene, indecent or offensive language or to place on the Service any material that is defamatory, abusive, harassing or hateful. Further, You may not place on the Service any material that is encrypted, constitutes junk mail or advertising (unless expressly authorized by the Publisher), invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes, and You acknowledge that Your failure to do so may subject You to civil and criminal liability.

You shall ensure that any material You provide to the Service or post on a bulletin board or forum (including, but not limited to, text, photographs and sound) does not infringe upon or misappropriate the patent, copyright, trademark, service mark or trade secret rights or any other personal (such as a right to publicity) or other proprietary rights of any third party. You shall indemnify, defend and hold harmless Publisher from any claim, demand, assertion or lawsuit asserting that any material You provide to the Service or post on a bulletin board or forum infringes a patent, copyright, trademark, service mark, trade secret or any other personal or proprietary rights of any third party.

You agree not to disrupt or interfere with the Service, nor to alter or tamper with any information or materials on or associated with the Service.

You acknowledge that Publisher has not reviewed the content of all sites linked to or from this Service. Publisher is not responsible for the content or actions of any other sites linked to or from this Service and does not endorse them. Your linking to any service or site is at Your sole risk.

In situations where You can post material on or via this Service (e.g. on bulletin boards or in chat rooms), You agree that Publisher is merely a "service provider" as defined by the federal Digital Millennium Copyright Act ("DMCA").As mandated by the safeharbor provisions of the DMCA, Publisher's policy is to terminate in appropriate circumstances the accounts of subscribers that are repeat infringers of copyright rights of third parties. While Publisher does not intend to take affirmative action to watch for infringement of the copyright rights of third parties conducted by use of the Service, Publisher may terminate this Agreement if it receives appropriate notice of infringement and the party committing infringement does not cease its infringement.

You may not post any link to any sub-Web page of baseballhq.com without the written permission of Publisher. You may only post a link to the opening, non-subscription Web page of the Service baseballhq.com. You may not post any link to the Service, or any reference to the Service or Publisher, that states or implies that you are affiliated with or sponsored by Publisher without the written consent of the Publisher.

You acknowledge that Publisher, may, but is not obligated to, provide limited technical support in regards to Your personal hardware and software used to access the Service. Publisher assumes no liability for any damages resulting from failure of computer hardware, software, communications system (including viruses) or vendor-provided services used to access the Service.

USE OF MATERIAL SUPPLIED BY YOU
We welcome any user suggestions for additions, deletions and modifications to the Service. While we will endeavor to review Your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea, data or creative work You transmit to us ("Submitted Information") shall become our property (if it is not in the public domain) and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any Submitted Information unless we contract for use of such Submitted Information.

Your postings to and communications with the Service (including registrations) are not private. You grant Publisher the unrestricted right to use, reproduce, modify, translate, transmit and distribute any material You supply or communicate to the Service in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses. We will only use information about You in accordance with our Privacy Policy.

PRIVACY POLICY
The Publisher is committed to maintaining the strictest privacy possible for our subscribers. We collect information about You which is used to provide a more personalized and richer experience while You enjoy our products and services. We do not sell, rent, or in any other way share Your information with any other companies. Any information that is collected is strictly for use by the Publisher for the purpose of providing and improving our service for our subscribers.

The Publisher may periodically send e-mail or postal mail promotions to You for products or services offered by the Publisher, or by relevant third parties selling products or services that would enhance Your enjoyment of fantasy baseball. Subscribers to Baseball HQ will also receive a monthly e-mail bulletin containing information about their subscription. You may opt out of receiving these e-mails or postal mails by contacting us at unsubscribe@baseballhq.com.

The Publisher uses cookies to recognize subscribers and their privileges in order to provide subscribers with user specific information, as well as to track website usage. Cookies are stored on your browser, not on any of the Publisher's website servers. You are free to decline cookies if your browser permits, although in that case you may be required to re-enter your password more frequently during a session, and You will be unable to use certain features, such as the MACK Engine.

The Publisher may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the law or comply with legal process served on the Publisher, (b) protect and defend the rights or property of Publisher or its customers, or (c) protect the personal safety of its customers or the public.

INTELLECTUAL PROPERTY
This Service contains material that is the copyright, trademark, service mark and trade dress property of Publisher or of third parties who have licensed material to Publisher (collectively, "Publisher's Intellectual Property"). The Publisher's Intellectual Property includes the following: logos, trademarks, service marks, photographs and other images, articles and columns, other text, graphics and illustrations, other artwork, audio clips, video clips, unique names for statistical categories, formulas used for creating unique statistical categories, opinions expressed as to the meaning of statistical performance levels (e.g. benchmark analytical levels), the selection of statistics and information included within the Service (and the structure and sequence of it), and software.

Publisher respects the intellectual property of others, and we ask our users to do the same. Publisher may suspend or terminate, without notice, Your account if You (or any one using Your account) infringe upon the copyrights to Publisher's Intellectual Property.

NOTICE
Publisher may give notice(s) to You via e-mail to Your e-mail address or by written communication sent by mail to the address You have provided. You may give notice to Publisher (such notice will be deemed given when it is received by Publisher) by any of the following methods:

e-mail addressed to support@baseballhq.com;

Letter faxed to Publisher at 540-772-1969, confirmed by first class mail to 1500 Broadway - Suite 810 - New York, NY 10036; or

Letter delivered by first-class mail prepaid to Publisher at 500 Broadway - Suite 810 - New York, NY 10036;

MATERIALS POSTED BY OTHERS
You agree that Publisher and its third-party service providers are not responsible, and shall have no liability to You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

COMMENTS BY USERS ARE NOT ENDORSED BY PUBLISHER
Publisher does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on bulletin boards, forums or otherwise contained in the Service. Neither Publisher nor its third-party service providers make any warranties with respect to any of the merchandise featured or mentioned in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, or those who actually sell any merchandise, and do not necessarily represent the views of Publisher or its third-party service providers.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Publisher and its affiliates, employees, agents, representatives and any third-party service providers, from any claim, demand, assertion, lawsuit or liabilities (including attorneys' fees) arising from Submitted Material submitted by You; from Your unauthorized use, reproduction, modification, distribution or display of material obtained through the Service; from Your breach of this Agreement; from your infringement or misappropriation of Publisher's Intellectual Property; and from your infringement or misappropriation of any patent, copyright, trademark, service mark, trade secret, personal right or other proprietary right of any third party.

EDITING AND DELETIONS
Publisher reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.

LIMITED WARRANTY
Publisher warrants that it will use commercially reasonable efforts to keep the Service available to You during the Term. Some failures or poor performance may occur from time to time, and Publisher shall not be responsible for occasional failures of the Service, such as temporary unavailability of the Web site comprising the Service. Also, the Service may be down from time to time due to Publisher performing maintenance. In addition, Your access to the Service can fail or perform poorly for many reasons beyond the reasonable control of or responsibility of Publisher (such as problems with the Internet generally); Publisher shall not be liable for such failures, and any such failure shall not constitute a breach of this Agreement. SOLE REMEDY: Should Publisher breach this limited warranty, you shall notify Publisher and Publisher shall have 30 days to cure such breach. Your sole remedy shall be for Publisher to restore the Service to the warranted level within 30 days (which shall constitute a cure), or to refund to You a prorated amount of your Service fee equal to the proportionate amount of time left on your subscription measured from the time of breach (e.g. Publisher will refund half of your Service fee if half of your subscription year remained at the time of breach). Publisher alone shall determine whether to provide a cure or partial refund.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS." PUBLISHER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT AND MISAPPROPRIATION, SYSTEMS INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. PUBLISHER DOES NOT WARRANT THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THE SERVICE. PUBLISHER GIVES NO EXPRESS WARRANTIES FOR THE SERVICE ASIDE FROM WHAT IT STATES IN THIS AGREEMENT.

PUBLISHER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS EXCLUSION INCLUDES DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION (INCLUDING TORT CLAIMS AND STATUTORY CLAIMS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MONETARY LIABILITY OF PUBLISHER EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO PUBLISHER. THE DAMAGES LIMITATIONS STATED IN THIS PARAGRAPH APPLY REGARDLESS OF THE FAILURE OF ANY WARRANTY OR REMEDY PROVIDED TO YOU BY THIS AGREEMENT.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

TERMINATION OF ACCESS TO SERVICE
Publisher has the right to terminate Your ability to access the Service without notice. If this termination is not because of a breach of this Agreement by you, then Publisher will refund to you a prorated amount of your Service fee equal to the proportionate amount of time left on your subscription (e.g. Publisher will refund half of your Service fee if half of your subscription year remains).

CANCELLATION and REFUND POLICY for BASEBALL HQ
For subscriptions placed during the months of February, March and April: You have 24 hours (from the point when your password is activated) to evaluate the Service. If You cancel the Service within the first 24 hours, Publisher will refund 100% of the Service fee. Publisher offers no refunds beyond the 24-hour evaluation period for subscription orders placed during these months. This policy is intended to provide new subscribers with ample opportunity to evaluate the Service while minimizing abuse of the privilege of being a subscriber during this peak usage period.

For subscriptions placed between May and January, inclusive: You have 24 hours (from the point when your password is activated) to evaluate the Service. If You cancel the Service within the first 24 hours, Publisher will refund 100% of the Service fee. If You cancel the Service after the first 24 hours, Publisher will refund to you a prorated amount of your Service fee equal to the proportionate amount of time left on your subscription (e.g. Publisher will refund half of your Service fee if half of your subscription year remains).

Subscribers that order and cancel more than once within a 14-month period will be prohibited from receiving a refund on their subsequent purchase of the Service.

A subscription to the GOLD4 Membership Plan (automatic renewal option) may be cancelled without penalty at any time after one full renewal cycle (i.e. when You join the Plan, you are committing to the term of your current subscription plus one additional year at the prevailing GOLD4 rate). Any memberships cancelled prior to this period (or credit cards that are not kept updated) will be assessed a $10 cancellation processing fee and will be prohibited from joining the GOLD4 Plan again for 12 months.

CANCELLATION AND REFUND POLICY FOR ROTO HQ
Due to the extreme depth of information on the RotoHQ.com website, the relative low cost and opportunity for abuse, there are no refunds available with a subscription to RotoHQ.com.

REFUND POLICY FOR BOOKS
Books may be returned to us in resellable condition for a refund of the cost of the book, minus shipping charges. Publisher is not obligated to provide refunds for damaged books, for books returned after 30 days, or for the current edition of annual books returned after April 1 of any year.

CANCELLATION AND REFUND POLICY FOR SEMINARS
Publisher will provide a full refund for any registrations cancelled prior to four weeks from the date of the event. Publisher will provide a refund of 50% of the registration fee for cancellations between two and four weeks of the date of the event. There will be no refunds available for registrations cancelled within two weeks of the date of the event.

ACCESS OUTSIDE THE UNITED STATES
Publisher does not represent that materials and content on the Service are appropriate or available for use in countries outside the United States. If You choose to use the Service from outside the United States, You are solely responsible for compliance with foreign and local laws.

GOVERNING LAW AND JURISDICTION
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Virginia and the United States applicable to contracts to be wholly performed therein. Virginia's enactment of the Uniform Computer Information Transactions Act applies to this Agreement. ANY ACTION BASED ON OR ALLEGING A BREACH OF THIS AGREEMENT MUST BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN THE CITY OF ROANOKE, VIRGINIA. YOU AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS. In any litigation in state court, depositions and interrogatory responses may be used in support or defense of motions for summary judgment. In any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover its reasonable legal fees and costs from the non-prevailing party. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

FORCE MAJEURE
Publisher shall not be liable to You or any third party for any delay or its failure to perform any obligation under this Agreement (such as providing the Service) if such delay or failure is caused by the occurrence of any event beyond Publisher' reasonable control, including (but not limited to): acts or failures to act by You; failures of the Internet not caused by Publisher; failures of hardware, software, browser, communications equipment, network failure, network congestion or network malfunction (unless caused by Publisher); acts of God; weather; acts of public authority; war; terrorism; riot; government acts, new laws or regulations; or failures or delays of utilities, suppliers, or carriers.

NO THIRD PARTY BENEFICIARIES
There are no third-party beneficiaries to this Agreement.

ENTIRE AGREEMENT
This Agreement is the complete and entire agreement between the parties and supercedes any contemporaneous or prior agreement or representation, whether written or oral.

SEVERABILITY
If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

BREACH
No consent by either party to, or waiver of, a breach of this Agreement by the other party, whether express or implied, shall constitute a consent to, waiver of, or excuse for any other different, continuing, or subsequent breach, even of the same term.

HEADINGS
The headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

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