QB HIT LIST
Last Updated: November 1, 2018
1. Agreement to Contract Electronically
3. Membership Accounts
4. Intellectual Property
5. User Generated Content
6. Rules of Conduct
7. Digital Millennium Copyright Act
8. Links to Third Party Sites
9. Service Providers
11. End User Compliance
12. No Warranty
13. Limitation of Liability
14. General Legal Provisions
You agree that this electronic Terms of Service Agreement, combined with your accessing and using this Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You represent and warrant to QB Hit List that you are an individual with the right to form a binding contract and enter into this Agreement. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement. This Site is not intended for use by children under 13. We recommend that individuals between 13-17 years of age acquire parental consent prior to using this Site.
Requirements. By using the Site, you represent and warrant to QB Hit List that: (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information and update it as necessary to keep it current; (iii) you are 13 years of age or older; (iv) you have the authority to enter into this Agreement; and (v) your use of the Site does not violate any applicable law, regulation or agreement. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are not complying with the representations and warrantied herein.
Restrictions. When you create a member profile you shall not do any of the following:
Account and Password. When you register for certain services you will create a membership account and be asked to create a user name and password. You are solely responsible for maintaining the confidentiality of your password and account information. You are solely responsible for all activities that occur under your account username and password. You agree to: (i) immediately notify QB Hit List of any unauthorized use of your user name, membership account or password or any other breach of security; and (ii) log out of your account after each session to minimize the risk that a an unauthorized third party can gain access to your account.
Disclosure. QB Hit List may access, preserve and disclose your user name, account information, password and User Content (as defined below) if required to do so by law or if QB Hit List, in its sole discretion, believes that such access, preservation or disclosure is reasonably necessary to: (i) comply with a legal process; (ii) enforce this Agreement; (iii) respond to claims that User Content infringes a third party proprietary right; (iv) respond to your request for customer service; (v) protect the rights, property, privacy or safety of QB Hit List, our affiliates, business partners, Site visitors and/or the public.
Membership Account. QB Hit List will charge you for your monthly membership subscription through your membership account (“Membership Account”) for use of the Site and related services (“Services”). You agree to pay QB Hit List all charges at the prices then in effect for any use of the Site and/or Services by you or other persons (including your agents) using your Membership Account, and you authorize QB Hit List to charge your chosen payment provider (“Payment Method”) for subscription fees. You agree to make payment using that selected Payment Method. QB Hit List reserves the right to correct any errors or mistakes that it makes in any amounts owed by you even if it has already requested or received payment.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR MEMBERSHIP ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR MEMBERSHIP ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY QB HIT LIST IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS, THEFT, OR EXPIRATION) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION SHOULD BE MADE ON THE ACCOUNT SETTINGS PAGE OF YOUR MEMBERSHIP ACCOUNT. QB HIT LIST RESERVES THE RIGHT TO STOP PROVIDING ACCESS TO THE SITE AND/OR SERVICES IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION OR YOUR PAYMENT METHOD IS CANCELED.
Payment Method. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method (“Payment Method Provider”). If QB Hit List does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Membership Account upon demand. Our monthly and yearly membership subscriptions are on auto-renewal (whether 30 days out(monthly) or 365 days out(yearly) from initial registration date. Membership subscriptions (monthly/yearly) will automatically renew until termination.
Terminating a Membership Subscription. It is your sole responsibility to terminate your paid membership subscription and you may do so easily at any time by going to the Membership Account page settings and deleting your Membership Account. However no “prorated” refunds nor refunds for previous months will be paid to you and you remain responsible for payment of membership subscription fees up until the date you terminate your Membership Account.
Ownership. This Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the “Content”). QB Hit List, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except for the limited license granted below, nothing contained herein confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership in or to the Site and/or Content.
Limited License. Subject to this Agreement, QB Hit List grants you a limited right and license to copy and use, on one personal computer, the Content and access the Site solely for your personal, non-commercial use. No other use of the Content and Site is authorized. You may not remove any proprietary notices included in any Content or on the Site.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site or Content in any other printed or electronic materials; (ii) modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Content or frame this Content, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content; and/or (iv) use any Content or the Site for commercial purposes. QB Hit List reserves the right to block your use of the Site, delete your user profile and terminate your membership subscription for violation of any of these restrictions as determined by QB Hit List in its sole discretion.
User Generated Content. For purposes of these Terms of Service, the term user generated content (“UGC”) includes, without limitation, any location information, likes, recommendations, reviews, videos, audio clips, comments, information, data, feedback, content, text, photographs, software, scripts, graphics and interactive features, generated, provided, added, created, uploaded, transmitted, distributed, submitted, posted or otherwise made accessible through the Site by an end user, including content added in connection with an end user’s profile and any content a user posts on third party websites and/or social media websites.
UGC Included on Site. All UGC whether publicly posted or privately transmitted is the sole responsibility of the person who originated such content. QB Hit List does not have any obligation to monitor or review UGC and makes no representations, warranties or guarantees regarding the truthfulness, originality, reliability or accuracy of UGC or any other communications posted or transmitted on the Site. QB Hit List does not guarantee that UGC will be made available on the Site, is not responsible for any errors or omissions related to any UGC and has no liability in connection with any loss or damage incurred as a result of the use of any UGC. Your use of UGC is at your sole risk.
UGC Posted by User. By transmitting, posting, emailing, uploading or otherwise making UGC available on or via the Site (“Posting”), you represent and warrant to QB Hit List that you have all right, title and interest in and to such UGC and have acquired all necessary licenses in connection with any third party proprietary rights in connection with UGC.
License. You grant QB Hit List a perpetual, irrevocable, world-wide, royalty free, non-exclusive right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform and display your UGC in any media, form, format, or forum now known or hereafter developed. You represent and warrant to QB Hit List that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. By Posting UGC on the Site, you also permit any Site end user to access, display, view, store, transmit, use and reproduce such UGC for personal use and any other use consistent with the use for which it was intended (for example, for recruitment purposes). Subject to the terms of this Agreement, the owner of any UGC placed on the Site retains any and all rights that may exist in such UGC.
QB Hit List Rights. While QB Hit List serves as a passive conduit and has no obligation to monitor UGC, QB Hit List reserves the right to: (i) remove, edit, block, suspend or modify UGC in its sole discretion, and for any or no reason including, without limitation, receipt of claims or allegations from third parties relating to UGC; (ii) remove, suspend, block any UGC from the Site; (iii) access, read, preserve and disclose any information included in UGC that QB Hit List reasonably believes is necessary to: (a) satisfy any applicable law, rule, regulation, legal process or government request; (b) enforce these Terms of Service; (c) detect, prevent or otherwise address fraud or potential violations of these Terms of Service; (d) address fraud or security or technical issues; (e) respond to user support requests; (f) protect QB Hit List and its affiliates and business partners and Site visitors’ rights, property and/or privacy; and/or (g) protect its brand and public image.
The Site includes areas that allow users to upload UGC and participate in forums such as chat rooms and message boards. QB Hit List adopted the following rules of conduct in order to assure that end-users who upload any UGC or participate in these forums do so in a lawful and appropriate manner. You are solely responsible for any activity in connection with your Membership Account and for any UGC that you upload, transmit, post, send, email or otherwise make available via the Site either publically or privately.
The following conduct is prohibited on, or in connection with, the Site:
Compliance. These rules of conduct are strictly enforced. Any threatened or actual violation of these rules of conduct will not be tolerated and may result in an end user being blocked or limited from use of the Site. If the end user is a member of HQ Hit List’s subscription membership service, QB Hit List may disable the Membership Account without compensation or refund. QB HIT LIST RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY QB HIT LIST TO ADDRESS VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO THE END USER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Member and User Disputes. You are solely responsible for your interactions with other Site members and users. QB Hit List reserves the right, but has no obligation, to monitor disputes between you and other Site members and/or users.
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to QB Hit List’s Designated Agent. THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Written notification (“Notification”) must be submitted to the following Designated Agent:
6788 Paula Drive Middleburg Heights, Ohio 44130
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
This Site may contain links to third party web sites (“Third Party Sites”). The links are provided for your convenience and QB Hit List does not endorse and has no control over the content on Third Party Sites. QB Hit List is not responsible or liable for any content, advertising, products or services available on Third Party Sites. You further acknowledge and agree that QB Hit List is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Sites.
On certain portions of the Site third parties may offer their products and/or services to Site users. Third party service providers may include, but are not limited to, trainers, athletic coaches, athletic camps and other companies that offer services to athletes (“Service Providers”). All information included on the Site regarding Service Providers has been provided by the Service Providers with no independent investigation on the part of QB Hit List. QB Hit List does not make any representations or warranties as to the accuracy or reliability of any such information. QB hit List is a passive conduit for communication between parties and does not recommend or endorse any Service Provider, as you are solely responsible for researching and/or investigating the background and skill sets for each Service Provider and/or deciding whether or not to work with one or more Service Providers. QB Hit List’s services are administrative in nature, and as such, QB Hit List is not party to any transaction, arrangement or services you may elect to purchase from a Service Provider. QB Hit List has no obligations towards you in respect of your election to work with any Service Provider, and as such, you shall communicate solely and directly with each selected Service Provider in connection with any customer service and/or related issues. QB Hit List is not liable for any costs, expenses, claims, liabilities and/or other damages that may occur on account of any business relationship you may elect to create with any Service Provider and/or any loss or injuries which may occur on account of working with a Service Provider.
You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA (NCAA), the National Association of Independent Athletics (NAIA), and all other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of Site Membership. You agree to indemnify QB Hit List from any liability that may arise from your violation of these rules and regulations.
THE CONTENT, SERVICES AND SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT AND/OR INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER QB HIT LIST NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR AVAILABLE AT ANY TIME OR LOCATION; NOR DOES QB HIT LIST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OF ANY SITE CONTENT, UGC OR ANY INFORMATION INCLUDED ON THE SITE. QB HIT LIST MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO ANY RULES OR REGULATIONS OF ANY ORGANIZATIONS THAT GOVERN HIGH SCHOOL, CLUB AND INTERCOLLEGIATE ATHLETICS.
NEITHER QB HIT LIST NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS (“AFFILIATES”) ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST INCOME, PROFITS AND/OR ATTORNEYS’ FEES) IN ANY WAY DUE TO OR RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS OR USE THE SITE OR FROM YOUR RELIANCE ON ANY SERVICE, CONTENT, UGC, SERVICE PROVIDER, DATA AND/OR INFORMATION PROVIDED ON THE SITE, OR ON THIRD PARTY SITES LINKED TO FROM THE SITE, COMMUNICATION BETWEEN USERS OF THE SITE, FOR FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE SITE TO REACH THEIR INTENDED RECIPIENTS, FAILURE OF SITE PERFORMANCE, PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND/OR SERVICES CONTAINED IN OR MADE AVAILABLE ON THE SITE EVEN IF QB HIT LIST HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IF THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE OR INAPPLICABLE, FOR ANY REASON, YOU AGREE THAT QB HIT LIST AND /OR ITS AFFILIATES’ AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR A MEMBERSHIP ON THE SITE OR $100.00 DOLLARS (WHICHEVER IS LESS).
NEITHER QB HIT LIST NOR ITS AFFILIATES TAKES RESPONSIBILITY OR ASSUMES LIABILITY FOR ANY UGC POSTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, MISREPRESENTATIONS, FALSEHOODS, OMMISSIONS, DEFAMATION, SLANDER, LIBEL, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS QB HIT LIST AND ITS AFFILIATES FROM ALL CLAIMS BASED UPON COMMUNICATIONS WITH OTHER USERS OF THE SITE AND FOR UGC MADE AVAILABLE BY YOU ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Reservation of Rights. QB Hit List reserves the right to deny or block access to the Site to anyone at anytime in its sole discretion.
Modifications. QB Hit List may discontinue, add to, modify, upgrade, or replace all aspects of the Site in its sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any service, software, file, publications, information, communication, or other content appearing on or transmitted through the Site.
Termination. At any time and without prior notice, QB Hit List may immediately terminate your access to the Site for: (i) breach of this Agreement; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Site (or any part thereof); (iv) non-payment of membership and/or service fees; and/or (v) unexpected technical or security issues or problems. You agree that all terminations for cause are at QB Hit List’s sole discretion and it is not liable to you or any third party for any termination of your Membership Account, any associated e-mail address or access to the Site. You agree that any account you set up with QB Hit List will be terminated upon your death and all contents therein permanently deleted.
Indemnification. You agree to defend, indemnify and hold QB Hit List, its Affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys’ fees) that may arise from your use of the Site, any accounts set up in connection with the Site, UGC Posted on the Site, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by QB Hit List, Inc. from its offices in Cleveland, Ohio. This Terms of Service Agreement is governed and controlled by the laws of the State of Ohio. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Cleveland, Ohio. Either QB Hit List or you may demand that any dispute between QB Hit List and you about or involving the Site or the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), provided that the foregoing shall not prevent QB Hit List from seeking injunctive relief in a court of competent jurisdiction. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. Neither QB Hit List nor its Affiliates make any representation that the Site and Content are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
Contact QB Hit List. If you have any questions regarding this Agreement, or wish to request a cancellation of your Membership Account you may email us at email@example.com.
QB Hit List name and logos are owned by QB Hit List, Inc., All other content, copyrights, trademarks, service marks and other intellectual property and technology included on the Site are the exclusive property of QB Hit List, Inc., its Affiliates, partners and licensors. All Rights Reserved.
© 2018 QB Hit List, Inc. All Rights Reserved.