Terms and Conditions
TERMS OF USE
Your access to hitsluggers.com (“Sluggers Hit”, also referred to as the “Website”) is subject to the following Terms and Conditions (the “Terms”), which may be updated by us from time to time without notice to you. By accessing or using this Website, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy and Cookies Policy, which are hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Website after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this site.
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on this Website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this Website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Sluggers Hit reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. Sluggers Hit MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. Sluggers Hit HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL Sluggers Hit BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER Sluggers Hit HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. Sluggers Hit is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Website, Sluggers Hit will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Website. Such information should, therefore, be considered as suspect and is not endorsed by Sluggers Hit.
d. This Website may contain forward-looking statements that reflect Sluggers Hit’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Sluggers Hit intends to update this site on a regular basis but assumes no obligation to update any of the content.
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal, and international laws, rules, and regulations.
b. You grant to Sluggers Hit the right to use all content you upload or otherwise transmit to this Website, subject to these Terms and Conditions and Sluggers Hit’s Privacy Policy, in any manner Sluggers Hit chooses, including, but not limited, to copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it.
c. Except as expressly stated and agreed upon in advance by Sluggers Hit, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written, or electronic communication to Sluggers Hit (such as feedback, questions, comments, suggestions, ideas, etc.). If any Sluggers Hit Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Sluggers Hit shall obtain, use, and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Sluggers Hit shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to Sluggers Hit is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
PRODUCT LABELING
Unless otherwise noted, product names, descriptions, and labeling are of U.S. origin. Products may not be available in all locations or may be available under a different brand name, in different strengths, or for different formulations. Except as expressly stated and agreed upon in advance by Sluggers Hit, no director, employee, agent, or representative of Sluggers Hit, its subsidiaries, and affiliates are engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way create a physician-patient relationship through this Website.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in this Internet Website (the “Information“) are the sole property of Sluggers Hit, except for information provided by third-party providers under contract to Sluggers Hit, its subsidiaries, or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. Sluggers Hit is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark, or other proprietary right of Sluggers Hit.
No use of any Sluggers Hit trademark, trade names, trade dress, and products in this Internet site may be made without the prior written authorization of Sluggers Hit, except to identify the product or services of the company.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Sluggers Hit by providing our copyright agent with the following in writing:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Sluggers Hit to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
To submit a notification of claimed infringement, please contact Sluggers Hit’s Designated Agent at the following address:
Natura
Attn: Legal Department
8280 Elder Creek Road
Sacramento, CA 95828
Email: legal@natura.io
PRIVACY AND SECURITY
Sluggers Hit is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Website, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to hitsluggers.com, while Sluggers Hit has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, Sluggers Hit SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF Sluggers Hit HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sluggers Hit DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
LIMITATION OF LIABILITY
Sluggers Hit does not assume any liability for the materials, information, and opinions provided on, posted to, or otherwise available through, this Website. Reliance on these materials, information, and opinions is solely at your own risk. Sluggers Hit disclaims any liability for injury or damages resulting from the use of this Website, or the content contained thereon.
THIS Sluggers Hit WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL Sluggers Hit, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS (HEREINAFTER “Sluggers Hit PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Sluggers Hit AND WHETHER OR NOT Sluggers Hit HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY Sluggers Hit, ITS SUBSIDIARIES, OR AFFILIATES.
GENERAL
You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. hitsluggers.com was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to hitsluggers.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
UPDATES TO THIS TERMS
By using the Site, Application and Service you are accepting these Terms, as they may be amended from time to time. Please check the date of these Terms each time you visit to ensure that you are aware of the most current version. If you do not agree to the Terms, please do not use this Site, Application, and Services.
We may update these Terms to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Sluggers Hit account) or by means of a notice on the Site and Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
If you have questions regarding these terms, please contact us at:
Attn: Legal Department
8280 Elder Creek Road
Sacramento, CA 95828
legal@natura.io