TERMS OF USE
Ownership
Welcome to the Faze Analytics web site at www.collegebaseballinsights.com (“Site”), which is owned by Faze Analytics, LLC (“FAZE”). This Site is operated by FAZE and materials on the Site are owned, for the most part, by FAZE. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FAZE.
FAZE has created this Site to provide business information and education, as well as business transactions. You are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use, which constitute an Agreement between you and FAZE. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at support@collegebaseballinsights.com.
Supplemental terms and conditions may apply to some services provided on the Site, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Site. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
FAZE reserves the right to modify or amend this Agreement at any time. Any such modification or amendment shall be effective thirty (30) days after either sending notice to you or posting an amendment on the Site. Please check this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Access and Use
The Site is designed for and only accessible to adults age 13 and over. IF YOU ARE UNDER AGE 13, YOU MUST LEAVE THE SITE IMMEDIATELY.
All materials contained in this Site are protected by United States and international trademark and copyright laws and, except as otherwise permitted, must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright, trademark and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), posting, publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of FAZE or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, sounds, music, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting FAZE in writing at support@collegebaseballinsights.com
Any material provided by FAZE for you to download from the Site is provided pursuant to a revocable, nonexclusive limited license for storing and previewing of the material supplied to you on its internal information network. This material cannot be reproduced, transferred, diffused or displayed in public without the previous written authorization of FAZE.
You agree not to use any material subject to FAZE’s intellectual propety rights for purposes other than those specified herin and you may not use any material subject to FAZE’s intellectual property rights after the termination or expiration of this Agreement, unless otherwise agreed to in writing.
Except as expressly permitted herein, you are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, sounds, musical compositions, scores, songs, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. FAZE reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of FAZE, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FAZE on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Mobile Networks
When you access the Site through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. FAZE has no responsibility for such charges. Not all of the Site’s features may work with your network provider or device.
Linked Sites and Advertising
In establishing hypertext links to this Site, you must not represent in any way, expressly or by implication,that you have received the endorsement, sponsorship or support of this Site or FAZE, including its respective employees, agents, directors, officers and shareholders.
If FAZE has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that FAZE is connected with, operates or controls these Web sites.
FAZE is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with FAZE. When visiting other Web sites, however, you should refer to each such Web site’s individual Terms of Use and not rely on this Agreement.
FAZE takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Accounts
Some features on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Site if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Site.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
PAID TRANSACTIONS
Subscriptions
Some features of the Site require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. Monthly subscriptions can be cancelled, effective as of the next monthly billing period.
No refunds will be issued for the unused portion of your subscription.
To cancel your subscription, follow the instructions found here.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. FAZE will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and FAZE.
FAZE reserves the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, or problems identified by our credit or fraud departments. FAZE may also require additional verification or information before accepting an order. FAZE will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after FAZE has processed your payment but prior to delivery, FAZE will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify FAZE of changes to the payment information. FAZE reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. The statement descriptor on bank or credit card statements will be FAZE ANALYTICS, LLC.
Pricing; Taxes
FAZE may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a FAZE service, FAZE will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, FAZE estimates the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed. New Jersey residents may be subject to state sales tax on any transaction.
Disclaimer of Liability and Warranties
While FAZE does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
Except as otherwise specifically set forth on The Site or in the End User License Agreement, the Site, and all materials in this Site, are provided “as is” and “as available” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FAZE DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses, contamination and other destructive and harmful components or that the Site is accurate, error-free or reliable. Although FAZE reserves the right to correct any errors, omissions or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency or completeness of any information, content, service or merchandise presented herein, including the substance, accuracy or sufficiency of any product or information listed on the Web Site. Further, we do not represent that the Web site will operate without interruption or error, not do we provide any assurances of the availability or usability of the online shopping services.
FAZE disclaims any liability for any consequences arising from the application, use or misuse of information contained on the FAZE website, including any injury or damage to any person or property as a matter of product liability, negligence or otherwise.
In no event shall FAZE be liable for any incidental, consequential, punitive or special damages, whether direct or indirect. Any liability on FAZE’s part shall not exceed the fees paid by the user or customer for the particular information, product or service provided. FAZE is not liable for the unauthorized use of its content by any other web site. You acknowledge that FAZE, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
FAZE further disclaims any responsibility for the accuracy, reliability, currency, availability or completeness of content or information found on any sites that link to or from the FAZE Web Site by third parties not associated with FAZE. FAZE also disclaims any responsibility for technical failures or unauthorized access of user transmissions by third parties.
Your access and use of the FAZE Web Site, including the information, services, products, materials and any other resources contained on them, is solely at your own risk.
FAZE and its suppliers and vendors will attempt to keep the resources and information accessible through this site timely and accurate, but make no guarantees and disclaim any implied warranty or representation about its accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose.
This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You acknowledge that FAZE is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
Indemnity
You agree to defend, indemnify and hold harmless FAZE, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Termination
FAZE reserves the right to immediately terminate your use of, or access to, this Site at any time if FAZE decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FAZE considers to be inappropriate or unacceptable.
COPPA Disclaimer
The Children’s Online Privacy Protection Act (“COPPA”) was created to protect children, under the age of thirteen (13) from unsuspecting acts or practices in conjunction with collecting, using, and disclosing any information about them. The Site will never knowingly accept, collect, maintain or use any information from a child under the age of thirteen (13). If a child whom FAZE knows to be under the age of thirteen (13) sends personal information to us online, FAZE will only use that information to respond directly to that child, notify parents or guardians, or seek parental consent.
Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, you should notify FAZE of your copyright infringement claim in accordance with the following procedure.
FAZE will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Arthur Crichlow Jr.
Copyright Administrator
info@collegebaseballinsights.com
FAZE, ANALYTICS, LLC
141-1 ROUTE 130 South #324
Cinnaminson, NJ 08077
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state courts located in Burlington County, New Jersey or, if appropriate, the United States District Court for the District of New Jersey, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
