| |
Pitching Cage Agreement
For purposes of this agreement, "AWC" refers to the Academy Writers
Clinic and its respective officers, employees and agents.
 | AWC is a distributor only (and not a publisher) of AWC Pitching Cage
content which is supplied by you and other participants in any AWC Pitching
Cage. AWC makes no warranties, express or implied, as to the content
contained in the AWC Pitching Cage, or to the accuracy or reliability of any
information or statements contained therein. |
 | All statements, advice and opinions made by any user in the AWC Pitching
Cage are those of such user only, and AWC neither endorses nor shall be held
responsible for the reliability or accuracy of same. Accordingly, you hereby
waive any and all claims against AWC arising from or related to any and all
material contained in any AWC Pitching Cage. You shall not post on the AWC
Pitching Cage any defamatory, or other material which would violate or
infringe in any way upon the rights of others, or which would give rise to
criminal or civil liability of any kind whatsoever. |
 | You shall not post or otherwise make available on the AWC Pitching Cage
any material protected by copyright, trademark or other proprietary right,
without the express permission of the owner of such copyright, trademark or
other proprietary right. You shall not post or otherwise make available on
the AWC Pitching Cage any illegal material or use the AWC Pitching Cage to
conduct or promote illegal activity. |
 | You shall not promote or contribute to the delinquency of a minor or
solicit a minor in any way in the AWC Pitching Cage. AWC shall have the
right, exercisable in its sole and absolute discretion, but not the
obligation to modify, alter or delete any word(s) or information posted by
you on the AWC Pitching Cage of which AWC becomes aware, which is, as AWC
determines in its sole and absolute discretion, to be obscene, defamatory,
foul, profane or offensive. |
 | You agree and acknowledge that none of the postings made by you to the AWC
Pitching Cage are confidential communications and participation in the AWC
Pitching Cage shall not give rise to any confidential, fiduciary,
implied-in-fact, implied-in-law, contractual or other special relationship
between you and AWC (other than the contractual relationship between AWC and
you entered into by virtue of your acceptance of this agreement). |
 | You shall defend, indemnify and hold AWC harmless from and against all
liability, claims and expenses, including attorneys' fees, arising from or
relating to your use of the AWC Pitching Cage, or any breach or claim of
breach of any term, condition, obligation, warranty or representation under
this agreement. Under no circumstance (including, but not limited to
negligence), will AWC be responsible to you for any indirect, consequential,
special or punitive damages or losses which you may incur in connection with
your use or the use by others of the AWC Pitching Cage, any AWC Website, or
any AWC on-line system or in connection with any of the data or other
materials transmitted through or residing on the AWC system, even if AWC has
been advised of the possibility of such damage or loss. |
 | AWC shall have the right to immediately terminate, either temporarily or
permanently, your use of the AWC Pitching Cage if AWC determines in its sole
and absolute discretion that you have violated this agreement and the terms
and conditions set forth herein, have otherwise breached this agreement, or
have engaged in on-line conduct which AWC determine in its sole and absolute
discretion to be unacceptable. |
 | The AWC Pitching Cage is operated by AWC from its offices within the State
of California, United States of America. AWC makes no representation that
materials in any AWC Pitching Cage are appropriate or available for use in
other locations. Those who choose to access AWC Pitching Cage sites from
other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. |
 | This agreement shall be construed in accordance with the laws of the State
of California, without regard to its conflict of laws rules. You agree all
actions or proceedings arising or related directly or indirectly to this
agreement shall be litigated only in courts having suits within the County
of Los Angeles, California and all related appellate courts, and you hereby
consent and agree to the jurisdiction of any local, state or federal court
within the County of Los Angeles, California and you hereby personally
submit to the jurisdiction of any such courts. |
 | The failure of either party to enforce any of the provisions hereof or the
failure of either party to notify the other of any violations of any of the
provisions of this agreement shall not be construed as a waiver of the right
of such party thereafter to enforce such provision. |
 | This agreement and the terms and conditions set forth herein constitute
the entire agreement of the parties with respect to the subject matter
hereof. If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed sever able
from this agreement and shall not affect the validity and enforceability of
any remaining provisions. This agreement is not for the benefit of any third
party and shall not be deemed to give any right or remedy to any such party
whether referred to herein or not. |
I agree to the terms of the agreement - take me to the AWC Pitching
Cage.
I do not agree to these terms take me to the home page.
|