BallparkMe LLC owns and operates this Website and provides you with access to and services through the Website, subject to the following Terms & Conditions. BallparkMe can modify these Terms & Conditions at any time without notice to you. It is your responsibility to review these Terms & Conditions periodically. All amendments automatically go into effect on the day after they are posted on the Website and your use of the Website thereafter constitutes your agreement to all amendments. By accessing or using this Website, you agree to follow and be bound by these Terms & Conditions. In this Agreement, the words “user,” "you" and "your" refer to an individual Website user or visitor and "we", us" and "our" refer to BallparkMe.
YOU ARE RESPONSIBLE FOR ALL CONTENT THAT YOU POST TO THE WEBSITE. Please read these TERMS & CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO AND ACCEPT THE TERMS OF THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS THE WEBSITE. the website is not intended for minors (defined as those who are not at least 18 years of age), and you must not use the website if you are a minor.
USE OF BALLPARKME SERVICES
You acknowledge and agree that your use of BallparkMe is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect BallparkMe content via robots, spiders, scripts, scrapers, crawlers, or any automated or manually. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to BallparkMe for any such damages and will indemnify BallparkMe in the event of any claims against BallparkMe based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any BallparkMe Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. At BallparkMe’s sole discretion, if it is determined that you are misusing or attempting to misuse or circumvent the BallparkMe services or platform, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, BallparkMe reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses.
Although we take certain steps to examine the credentials of the Service Professionals and affiliates providing you services through our platform or whom you may discuss or work with using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to utilize their services. Although we may attempt, we cannot independently verify every representation about professional’s specific services, nor validate every review. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of BallparkMe, nor is BallparkMe an agent of the Service Professionals.
Any quotes provided by Service Professionals via BallparkMe, or which you find on BallparkMe, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via BallparkMe. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via BallparkMe. To contract with a Service Professional, you must work directly with the Service Professional. BallparkMe does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. BallparkMe is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute directly with the Service Professional. YOU HEREBY AGREE TO RELEASE BallparkMe (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
By using BallparkMe, you will be prompted to disclose certain information about yourselfand your service requirements, and this information may be stored, such as home services records, on our website. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize BallparkMe to provide details of your service request including identifying information with multiple service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either BallparkMe or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with BallparkMe and/or a Service Professional and thus agree to be contacted by BallparkMe and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. BallparkMe and/or Service Professionals have the right to refuse any current or future pricing estimates provided through the site. You understand that pricing estimates are provided for information use only and final pricing will be determined at your on-site inspection and meeting between you and any service professional who has contacted you on behalf of BallparkMe.
You are solely responsible for all activities that occur under your Account and ensuring that you exit or log-off from your Account at the end of each session of use. You will notify BallparkMe immediately of any unauthorized use of your Account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your Account as well as for any loss or liability as a result of such use. BallparkMe will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information, or data sent or received, regardless of whether the data is actually received by BallparkMe or your failure to abide by these Terms & Conditions.
Use of THE WEBSITE and posting content
BallparkMe and/or our respective third party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on the Website (“Content”), except for third-party resources as discussed below. Copyright, trademark, and other laws protect all Content. You may not copy, publish, redistribute, or sell any Content and you acquire no rights in or license to the Content.
BallparkMe grants you limited permission to view and print Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other Website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of the Website, use of the Website or access to the Website. By using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BallparkMe be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website.
You are prohibited from using the Website to do any of the following:
upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through the Website;
upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes;” or
“stalk” or otherwise harass another Website user or collect or store personal data about other Website users.
BallparkMe does not claim ownership of the content, photographs, videos, information or materials that you or other Website users may post or upload to the Website or through public posts (“User Content”), but you do grant BallparkMe a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers license) right and license to copy, transmit, distribute, publicly perform and display (in any media now known or not currently known) and prepare derivative works of your User Content for the purpose of (i) displaying your User Content on the BallparkMe Website; (ii) displaying your User Content on third party websites; and (iii);archiving or preserving User Content for disputes, legal proceedings, investigations, or the like. Other than expressly stated in these Terms & Conditions, BallparkMe will not compensate you for User Content and has no obligation to post or display any of your User Content. BallparkMe will treat all User Content that you transmit to the Website by electronic mail or otherwise as non-confidential and non-proprietary. Do not submit confidential or proprietary information through the Website.
You are solely responsible for your own User Content and the consequences of posting or publishing User Content. If you do transmit, publish, post or upload any User Content to the Website, you represent and warrant for all such User Content that: (i) you have all necessary distribution and publication rights; (ii) if any third party has any right, title or interest in such User Content, that you have either (a) received permission from such third party to make the User Content available on the Website or (b) secured from the third party a waiver as to all rights necessary in or to the User Content; (iii) you have fully complied with any third-party licenses; (iv) it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (vii) is not of a pornographic or obscene nature; (viii) it does not infringe or violate any patent, copyright, trade secret, trademark or other intellectual property right of any third party; and (ix) it does not violate any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
Although BallparkMe may from time to time monitor or review User Content, BallparkMe is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Content. BallparkMe does, however, reserve the right to remove any User Content if a user brings to BallparkMe’s attention the possibility that such User Content may result in BallparkMe’s liability, is an infringement of the rights of a third party or is offensive to any third party. BallparkMe will terminate your access to the Website if BallparkMe determines, in its sole discretion, that you are a repeat infringer.
The Website and Content may contain hyperlinks to other resources and businesses on the Internet. Those links are provided for your convenience to help you identify and locate other products, services and Internet resources that may be of interest, and are not intended to represent or imply that BallparkMe sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.
You agree to defend, indemnify and hold harmless BallparkMe, its owners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the BallparkMe Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right; or (iv) any claim that your User Content caused damage to a third party.
Disclaimer of Warranties
BallparkMe makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website or any Content. BallparkMe expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website or any Content. BallparkMe does not warrant that the functions performed by the Website will be uninterrupted, timely, secure or error-free, or that defects in the Website will be corrected. BallparkMe does not warrant the accuracy or completeness of the Website or Content, or that any errors in the Content will be corrected. The Website and Content are provided on an “as is” and “as available” basis.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BALLPARKME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BALLPARKME HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any claim relating to the Website shall be governed by the substantive laws of the State of Nevada, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Las Vegas, Nevada. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.