Welcome to the diamondbacksnation.com Website (the "Website"), created by Diamondbacks Nation LLC, doing business as Diamondbacks Nation (“DBN” or “We” or “Us”). Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these terms and conditions (these "Terms" or this “Agreement”). If you do not agree with these Terms, you may not use the Website.

GENERAL USE PROVISIONS

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, and services ("Materials"), are provided either by DBN or by its users (“User” or “Users”) or respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of DBN and/or its Users (or is permitted/licensed to be used by the Users) and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, printed, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of DBN, the User and/or the Third Party Provider. Also, you may not "mirror" any Materials contained on the Website on any other server without DBN’s prior express written permission.

Except where expressly provided otherwise by DBN, nothing on the Website shall be construed to confer any license under any of DBN's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" section below if you have any questions about obtaining such licenses. Materials provided by Users and Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by DBN. DBN does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by DBN.

DBN hereby grants you permission solely to display, copy, print, distribute and download your data (including images) and that to which you have explicitly been granted access by another User, stored, compiled or produced through or on the Website, provided that: (1) the use of such data and images accompanied by DBN’ Materials is solely for use in accordance with these Terms, and (2) the Materials (including but not limited to any output from DBN and the Third Party Providers) are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you shall immediately destroy any downloaded or printed Materials and all copies thereof.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws.

LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than DBN. DBN is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. DBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DBN of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

SUBMISSIONS

Except where expressly provided otherwise by DBN, all comments; audio, video or written materials; feedback; and/or other information and data submitted to DBN through or in association with the Website ("Submissions") shall be considered non-confidential and DBN's property. This does not include copyright ownership of images which you may upload, but does include an express license to use said images in any method DBN sees fit and make compilations and derivative works thereof. By providing such Submissions to DBN, you agree to assign to DBN, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions except as enumerated above. DBN shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not DBN, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DBN does not accept Submissions from persons under age 14 (“Child” or “Children”). Furthermore, DBN does not accept any user who is a Child and does not accept any Submissions from Children. You are ineligible to use this Website if you are under age 14. If you are under age 18, you must have your parent or legal guardian set up your account and have them agree to these terms.

All Submissions must be in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent. If you do so, DBN reserves the right to cancel or suspend your account. Furthermore, DBN reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using the Website for improper purposes. DBN will not arbitrate disputes among Users and those Users with disputes are encouraged to deal with the dispute directly with the User they have a dispute with.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DBN, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. DBN HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DBN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS, IMAGES OR DATA CONTAINED ON THE WEBSITE, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DBN EXCEED $1,000.00. IN NO EVENT SHALL DBN OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

LICENSES FROM DBN

Subject to these Terms, if you decide to use the Website to upload, download, print, view, reproduce, arrange images and/or data, or create a user profile, you will become a customer (“Customer,” “You” or “Your”) of DBN. DBN grants You the nontransferable, nonexclusive worldwide right to use the Website and any Materials provided or disclosed to You by DBN or its Third Party Providers in the course of performing WEBSITEs solely in connection with the Website, in accordance with these Terms. The rights granted to You in this Agreement are subject to all of the following agreements and restrictions: (i) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Materials available to any third party except with the express, written consent of DBN; (ii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website or Materials or access the Website or Materials in order to build a similar or competitive website, product or service or in any way modify the output of the Website, including but not limited to removing or editing any reference to DBN; (iii) except as expressly stated herein, no part of the Website or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and (iv) You acknowledge and agree that DBN and/or its Third Party Providers shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Website and the Materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website or the Materials.

LICENSES FROM CUSTOMER

You grant to DBN and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information or other materials, provided to DBN by you in the course of using the Website to the extent necessary to maintain the Website and provide the Materials to You. Notwithstanding the foregoing, DBN's obligations regarding identification and other information concerning You shall be governed by the terms of the Privacy Policy available at http://diamondbacksnation.com/privacy/. The Terms of the Privacy Policy are herein expressly incorporated as though set forth in full.

BILLING AND PAYMENT

You agree to pay for all products and/or services ordered from DBN and its Third Party Providers except as set forth in a writing signed by an authorized representative of DBN. All fees under this Agreement are nonrefundable. DBN's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. You will provide DBN with valid and updated credit card or approved purchase order information and complete and accurate billing and contact information. If You provide credit card information to DBN, You authorize DBN to bill such credit card. If DBN, in its discretion, permits You to make payment using a method other than a credit card, DBN will invoice You at the time of the initial request and approximately one month in advance of the start of any renewal or subsequent billing period. All amounts invoiced hereunder shall be due within thirty (30) days of the date of the invoice.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, DBN AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF WEBSITE. DBN AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DBN AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE WEBSITE, THE MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR THE MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER DBN NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND THE MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DBN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DBN, THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. DBN EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF THE WEBSITE AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. USERS USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT THEIR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify DBN and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against DBN or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to You. DBN shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website or the Materials other than in accordance with this Agreement; (b) the combination of the Website or the Materials with any other products, services, or materials; or (c) any third party products, services, or materials.

CUSTOMER RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which DBN controls and operates the Website. You will ensure that any use of the Website by Your Users is in accordance with the terms of this Agreement. Furthermore, You expressly agree not to violate any rights of publicity or privacy of any person.

NOTICES

DBN may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in DBN's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in DBN's account information. You may give notice by letter delivered by registered mail with return receipt to DBN at Diamondbacks Nation LLC, Attn: Administrator, PO Box 97845, Phoenix, Arizona 85060. All notices shall be deemed to have been given two days after mailing, email or posting to the Website. Furthermore, DBN complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to DBN’s designated agent via email at admin@diamondbacksnation.com or by registered mail with return receipt to Diamondbacks Nation LLC, Attn: DMCA Compliance Agent, PO Box 97845, Phoenix, Arizona 85060.

GENERAL PROVISIONS

Any action related to this Agreement will be governed by Arizona law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona and to arbitration as stated herein. At the request of DBN, any controversy or claim related to this Agreement ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of Arizona. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of disputes of American Arbitration Association or any successor thereof ("AAA"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the AAA rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by AAA and conducted in Phoenix, Arizona. All Claims shall be determined by one arbitrator; however, if Claims exceed One Million Dollars, upon the request of DBN, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of DBN to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

This Agreement, together with any applicable order forms, represents the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. DBN reserves the right to change these Terms or its policies relating to the Website at any time, and such changes will be effective upon being posted herein. Your continued use of the Website after any such changes shall constitute Your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between DBN and You as a result of these Terms or use of the Website. You may not assign this agreement without the prior written approval of DBN. Any purported assignment in violation of this section shall be void. DBN reserves the right to use Third Party Providers in the provision of the Website or the Materials hereunder. The failure of DBN to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DBN in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any rights not expressly granted herein are reserved by DBN.

This Website may include inaccuracies or typographical errors. DBN and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. DBN may periodically make changes to the Website. Any action related to these Terms will be governed by Arizona law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. DBN has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by DBN.

INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by DBN.

DBN, diamondbacksnation.com, the DBN logo and/or other DBN identifiers referenced herein are trademarks of Diamondbacks Nation LLC, and may be registered in certain jurisdictions. Other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.

Copyright © 2009 Diamondbacks Nation LLC Diamondbacks Nation LLC, Attn: Administrator, PO Box 97845, Phoenix, Arizona 85060. All rights reserved.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact DBN at admin@diamondbacksnation.com or by regular mail addressed to Diamondbacks Nation LLC, Attn: Administrator, PO Box 97845, Phoenix, Arizona 85060.