OnDeck Softball Terms of Service

By using the ondecksoftball.net web site (“Service”), all services of OnDeck Softball, Inc. (“OnDeck Softball”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

OnDeck Softball reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:
http://www.ondecksoftball.net/terms_service.php

Violation of any of the terms below will result in the termination of your Account. While OnDeck Softball prohibits such conduct and Content on the Service, you understand and agree that OnDeck Softball cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be 13 years or older to use this Service.

2. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.

3. You are responsible for maintaining the privacy and security of your account and password. OnDeck Softball cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your accounts).

5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, and Access

1. A valid credit card or money order is required for paying accounts.

2. We will charge you a standard yearly fee based on your account type. The Service is billed yearly, and is non-refundable. There will be no refunds or credits for partial months or years of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.

3. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Renewal, Cancellation and Termination

1. You are solely responsible for properly renewing your account. You may renew your account at any time by clicking on the “Renew membership” link from within your control panel. Email or phone requests to renew your account will not be deemed a renewal.

2. All of your Content will be immediately deleted from the Service upon not renewing your account. This information cannot be recovered once your account is cancelled.

3. If you do not renew the Service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged for the next year.

4. OnDeck Softball, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OnDeck Softball service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. OnDeck Softball reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. OnDeck Softball reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

2. OnDeck Softball reserves the right to change our yearly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the OnDeck Softball website: http://www.ondecksoftball.net

Copyright and Content Ownership

1. OnDeck Softball own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which OnDeck Softball owns.

2. OnDeck Softball claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and your Content.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. You understand that OnDeck Softball uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OnDeck Softball, or any other OnDeck Softball service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OnDeck Softball.

5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OnDeck Softball customer, employee, member, or officer will result in immediate account termination.

7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. OnDeck Softball does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

11. OnDeck Softball, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

12. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

13. The failure of OnDeck Sofball to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and OnDeck Softball as to the Service and supercedes any prior agreements between you and OnDeck Softball (including, but not limited to, prior versions of the Terms of Service).

14. Questions about the Terms of Service should be sent to info at ondecksoftball dot net.