Terms and conditions of use policy

Updated May 1, 2008.

The Way of Sports & The Way of Baseball is an online information and communications service (the "Service") provided by The Way of Sports & The Way of Baseball and from other sources. Use of the Service is governed by the terms and conditions of this Agreement.  Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, The Way of Sports & The Way of Baseball is referred to as "we" or "us."

Your access and use of this site and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or its services.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

Disclaimer

THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on fitness, health care and medical issues that may affect their daily lives. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.

Because of the designated purpose of this site and the services it provides, you agree that The Way of Sports & The Way of Baseball does not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute "doing business" in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing "minimum contacts" with any jurisdiction outside of the state of California.

We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or call for emergency medical help on the nearest telephone.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to The Way of Sports & The Way of Baseball for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Warranties and limitation of liability

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.

Users' agreement

By registering to use this site, users will create a personal profile account. Users agree to maintain the security of all user identification, password and other confidential information relating to the use of their Service account.

Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

Users will not use this site for any purpose in violation of local, state, national or international laws.

Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.

Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

Users will not impersonate another person or create any false The Way of Sports & The Way of Baseball account information or health record for themselves or others.

Users will not hold us, or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.

Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.

Users' representations

All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.

If you use the blog feature, you agree to the following.

By posting any comments, posts or other material on the blog, you give The Way of Sports & The Way of Baseball the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:

1.     Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.

2.     Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Way of Sports & The Way of Baseball in its sole discretion.

3.     Post advertisements or solicitations of business.

4.     Post chain letters or pyramid schemes.

5.     Impersonate another person.

6.     Allow any other person or entity to use your identification for posting or viewing comments.

7.     Post the same note more than once or "spam."

The Way of Sports & The Way of Baseball reserves the right (but is not obligated) to do any or all of the following:

1.     Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions.

2.     Terminate a user's access to the blog feature upon any breach of these Terms and Conditions.

3.     Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards.

Finally, you agree that you will indemnify The Way of Sports & The Way of Baseball against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any material you have posted.

Conflict resolution

You agree that this Agreement is entered into between you and us in Los Angeles County in the State of California, United States of America, and is performed within the State of California and governed by and shall be construed in all respects under the laws of the State of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the California State District Court sitting in Los Angeles County, California, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of California, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Termination of services

If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.

Copyright and trademarks

The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon THE WAY OF SPORTS & THE WAY OF BASEBALL actual knowledge of facts or circumstances from which infringing material or acts are evident. THE WAY OF SPORTS & THE WAY OF BASEBALL's copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Legal Department (Copyright)
Address: 320 Hermosa Avenue #201, Hermosa Beach, CA, USA 90254
Telephone:
Fax:

We suggest that you consult your legal advisor before filing a notice with THE WAY OF SPORTS & THE WAY OF BASEBALL's copyright agent. You should note that there can be penalties for false claims under the DMCA.

THE WAY OF SPORTS & THE WAY OF BASEBALL may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.

Use of cookies 

"Cookies" are small pieces of information that some Web sites store on your computer's hard drive when you visit them. We use cookies to provide us with information relating to the sources of our site traffic. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. Our site requires that cookies, JavaScript and Java Applets be enabled. If you reject cookies from our site, some parts of our site may not work properly.

Our sponsors, affiliates and advertisers and their Ad Servers may use cookies when you view pages on our site. They use those cookies to collect nonpersonal information as a way of measuring the effectiveness of their advertising. We do not control these third parties' use of cookies or how they manage the nonpersonal information they gather through them. However, our sponsors and advertisers have agreed that they will not collect any personally identifiable information from our site visitors while they are on thewayofsports.com. If you click on an advertisement on thewayofsports.com and visit a site maintained by one of our sponsors or advertisers, please be aware that we are not responsible for the privacy practices of those sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

Some Ad Servers allow you to opt out of anonymous data collection through the use of cookies. To do so, you must opt out of such data collection with each individual site. You can opt out of cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site. At that site you can also review the privacy policies of those Ad Servers.

Collection of personal information

We collect personal information that you choose to share with us in the registration and some other sections of our site. This information may include your e-mail address, your health interests and your answers to questions about your health status. We use this information to tailor our services to the data you entered. Information from registration is saved to our database. This enables you to use the personalized features on our site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the site and you will not be able to personalize the site.

Product Orders

All orders placed through the website are subject to amaze-inc's acceptance, which is in its sole discretion. Without limitation, this means that THE WAY OF SPORTS & THE WAY OF BASEBALL may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, THE WAY OF SPORTS & THE WAY OF BASEBALL shall issue a credit to your credit card account.

Third-Party Links

In an attempt to provide increased value to our visitors, THE WAY OF SPORTS & THE WAY OF BASEBALL may link to websites operated by third parties. However, even if the third party is affiliated with THE WAY OF SPORTS & THE WAY OF BASEBALL has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of THE WAY OF SPORTS & THE WAY OF BASEBALL. These linked websites are only for your convenience and therefore you access them at your own risk. THE WAY OF SPORTS & THE WAY OF BASEBALL seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Indemnification

You agree to indemnify, defend, and hold harmless THE WAY OF SPORTS & THE WAY OF BASEBALL, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Contact information

If you have any questions about the Service, please contact us at:   This e-mail address is being protected from spambots. You need JavaScript enabled to view it