Terms & Conditions

Thank you for visiting www.legendaryballparks.com, the Thomas Woodman Architects’ (TWA) internet ballpark website (the “website”). Access to and use of this website is governed by the terms and conditions of use set forth below (“T&C”), as well as any applicable Federal, state and local laws, statutes, ordinances, rules and regulations. We reserve the right, at any time, to modify or update the T&C, and you agree to be bound by such modifications or updates. By browsing, visiting or otherwise accessing or using this website, you agree to abide by the T&C set forth below.

Copyright Notice
This website and the content on this website are owned by TWA or its affiliates and are protected by the Copyright laws of the United States of America, 17 U.S.C. §§ 101 et seq., and may be protected by the copyright laws of other countries and jurisdictions as well. The sole authorized use of the website is to obtain information about TWA, the services TWA provides for its clients and to conduct business with TWA. Absent the prior consent of TWA or except as specifically permitted in accordance with the T&C governing use of this website, any copy, reproduction, display, performance or retransmission of all or any of the contents of this website is strictly prohibited. All rights are expressly reserved.

Trademark Notice
“Thomas Woodman Architects,” and the other names and trade names under which TWA does business are all trademarks of TWA. Except as specifically permitted in accordance with the T&C, any use of such trademarks or trade names is strictly prohibited absent the prior written consent of TWA.

In addition, the names, trade names and/or trademarks of third parties, including clients and affiliates of TWA, may appear on this website from time to time. All such names, trade names and trademarks are proprietary to their respective owners, and may be used only with the permission of their respective owners.

Use This Website At Your Own Risk
Every user who visits this website does so at his or her own risk. TWA makes no representations or warranties of any kind as to (a) the accuracy or completeness of the information or materials contained on this website, which materials may include factual or typographical errors and/or technical inaccuracies; (b) the availability for use of any copyrighted, trademarked or otherwise proprietary materials of third parties which may appear on this website, including, without limitation, any of the elements of such materials; (c) the presence or absence of computer viruses or other bugs which may have been embedded in or attached to this website without TWA’s knowledge or consent; or (d) any software made available for downloading, copying or other use through this website.

TWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

NEITHER TWA NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE OR WHOSE MATERIALS OR INFORMATION APPEAR ON THIS WEBSITE ASSUMES OR ACCEPTS ANY LIABILITY, REGARDLESS OF WHETHER BASED ON CONTRACT, NEGLIGENCE, INTENTIONAL WRONGDOING OR LIABILITY WITHOUT FAULT OR OTHERWISE, FOR ANY COSTS, LOSSES, DAMAGES (WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, LOST PROFITS, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE), ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE USER’S ACCESS TO, BROWSING OF OR USE OF THIS WEBSITE OR ANY OF THE CONTENT OF OR INFORMATION APPEARING ON THIS WEBSITE, WITHOUT REGARD TO THE SOURCE OF SUCH CONTENT OR INFORMATION, OR THE UNAVAILABILITY OR FAILURE OF PERFORMANCE OF THIS WEBSITE FOR ANY REASON.

IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF TWA OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, CLIENTS OR AFFILIATES, FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE OR ANY OTHER ASPECT OF YOUR RELATION WITH TWA EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR (B) $1.00.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, TWA’s liability is limited to the greatest extent permitted by law.

Prohibited Conduct
Your are strictly prohibited from: (a) using any materials on this website, (b) contacting the website to disrupt or damage the website, its contents or its security measures, (c) ridiculing, disparaging, harassing or annoying TWA or its clients or their respective products or services or personnel, (d) transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” (e) promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them or providing information to circumvent manufacture-installed, copy-protect devices or (f) promoting any materials or information which may violate any law, rules, regulation, ordinance or requirement to which you or TWA are subject.

Links
It is prohibited to link other websites to this website without TWA’s prior written permission. For the convenience of users of this website, one or more links to other internet websites may appear from time to time. Except for internet websites maintained by divisions, subsidiaries or affiliated companies of TWA, the internet websites to which links are provided in this website are not under the control of TWA. TWA assumes no responsibility for the contents of any non-TWA linked internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this website and any other internet website is not and shall not be understood to be an endorsement by TWA of the owner or proprietor of the linked internet website, nor an endorsement of TWA by the owner or proprietor of such linked website.

Unsolicited Materials
Please note that it is the policy of TWA not to accept or consider unsolicited creative, production-related or other materials of any kind. TWA will, and you license TWA and agree that TWA may, consider any and all materials, including without limitation proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this website not to be confidential or proprietary, and to be freely available for use of any kind, including use in advertisements and promotions, without recognition, compensation or payment of any kind.

Indenification
You agree to indemnify and hold TWA, its parents, subsidiaries, affiliates, officers, directors and employees, agents, clients and representatives harmless from any claim, loss, injury, liability or demand, including legal fees, made by any third party due to or arising out of your use of this website, your violation of the T&C, or your infringement/violation or the infringement/violation of another user of your computer, of any intellectual property or other right of any person or entity.

Digital Millennium Copyright Act (“DMCA”) Notice
TWA owns, protects and enforces copyrights in its own creative material, obtains permissions and licenses for the use of third party creative material, and respects the copyright properties of others. Materials may be made available on the website, or via the website, by third parties not within the control of TWA. It is TWA’s policy not to permit materials known by TWA to be infringing to remain on this website. You should notify TWA promptly if you believe any materials on this website infringe a third party copyright.  Upon TWA’s receipt of a proper notice of claimed infringement under the DCMA, TWA will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The TWA designated agent (i.e., proper party) to whom you should address such notice is Thomas Wodoman at tjwoodman@mac.com (see TWA postal address below). It is the policy of TWA to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Miscellaneous
TWA’s headquarters are in Ohio. This website and these terms and conditions are subject to the laws of the State of Ohio and the USA, regardless of your location, and any claims of any kind related thereto must be filed in the courts located in Willoughby, Ohio. By using this website, you agree to be bound by these T&C, and to the extent that any or all terms of these T&C are inconsistent with any agreement you may have previously entered into and/or signed with TWA, you acknowledge and agree that the terms of these T&C shall supersede such other agreement and prevail. You agree that any cause of action arising out of or related to this website must commence within one (1) year after the cause of action arose or it is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply to you. If any provision of the T&C is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity or enforceability of any other provision of the T&C.

TWA Address:
29414 Eddy Rd.
Willoughby Hills, OH 44092
Telephone No:  440-585-9311
Fax No:  440-585-9312
 
 
© Thomas Woodman Architects 2009, All Rights Reserved