Terms of Use

 

Andela Publishing LLC., FantasyBaseballArbitration.com, its owners, employees, and contractors ("FBA") provide a dispute resolution service, subject to the following terms of use. Your use of the service constitutes your acceptance of these terms of use. If you do not agree to the terms of use, do not use the service.

FBA service is a non-legal opinion, provided for entertainment purposes.

The content of all web pages of the service are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned by FBA. All service marks, trademarks and/or logos ("FBA Marks"), which are the property of FBA. You agree not to display or use the FBA Marks in any manner without written permission from FBA. You will not upload, post, transmit, email, distribute or otherwise publish through the service any materials which: (1) Interfere with any other user from using and enjoying the service; (2) Are unlawful, threatening, abusive, libelous, defamatory, harassing, racially or ethnically offensive, obscene, pornographic, profane, or indecent; (3) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (4) Violate or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (5) Contain a virus, worm or other computer code that that interrupts, destroys, or limits the functionality of any software or hardware; (6) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (7) Constitute or contain false or misleading statements.

The service contains content, information, advice, text, materials, and services ("Content") that are provided for your enjoyment and convenience.

Any controversy or claim arising out of or relating to this service, whether asserted in contract, tort, statute, or otherwise (including whether or not such controversies or claims are abatable) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. All hearings and proceedings shall take place in Los Angeles, California without regard to its conflicts of laws rules and without regard to the Federal Arbitration Act. FBA shall not be liable for any consequential, punitive or exemplary damages. If any provision of these rules should ever be held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall be revised by FBA and shall not affect any other provisions of this agreement, and such other provisions shall continue in full force and effect. By registering for the FBA Service, you (i) acknowledge acceptance of these terms and conditions and agree to adhere to and be bound by them, (ii) release, hold harmless, and waive any rights to recovery against FBA and their sponsors, suppliers, contractors, officers, employees, partners, owners, and agents from and against any claims, expenses, damages, and/or liability incurred by you or your representatives in connection with or related to the operation of, or your participation in the FBA, and (iii) agree to hold FBA harmless from all typographical, statistical, transaction, and communication errors or omissions, and FBA reserves the right to make corrections to any information to correct such errors or omissions.

You grant FBA a worldwide, royalty-free and irrevocable license to copy, distribute, edit, adapt, translate, arrange, dramatize, abridge, publish, distribute, archive, broadcast, perform or otherwise disseminate, or create derivative or collective works, in any medium whether now known or hereafter created, any and all material submitted through the site.

UNDER NO CIRCUMSTANCES SHALL FBA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR FBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION. IN NO EVENT SHALL FBA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED NINE DOLLARS AND NINETY-FIVE CENTS ($9.95).

You agree to defend, indemnify and hold harmless FBA with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this agreement, including, without limitation, your use of the service. Notwithstanding the foregoing, FBA retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against FBA and in no event shall you settle any such claim without FBA's prior written approval.

Last Updated ( Friday, 20 March 2009 13:38 )