The Terms of Service (“ToS”) define Whichbat’s relationship with You and by using Our services, you agree to this ToS. In addition to this ToS, We also publish a Privacy Policy that pertains to Your information. Also, this ToS will change from time to time, and it will change without any prior notice. If You do not consent to the ToS, You may discontinue using Our services.
This ToS helps to define the relationship between you and Whichbat. When you see “Whichbat,” “We,” “Us,” and “Our,” We mean Godwud, LLS d/b/a Whichbat. When You see, “You,” “Your,” or “User,” We mean YOU – our customer.
Whichbat is the service provider with whom You are contracting. Whichbat is formally known as Godwud, LLC d/b/a Whichbat. It is organized under the laws of the State of Texas, USA, and has a principal place of business at 7989 Belt Line Road, Suite 305, Mail Stop #517, Dallas, Texas 75248,, USA.
If you are under the age of 18, you must have your parent or legal guardian’s (“Parent”) permission to use Whichbat’s services. Please have Your Parent read this ToS with you.
If you are a Parent that allows Your child to use Whichbat’s services, then You agree to this ToS, and You are responsible for Your child’s activities.
We provide a bat matching service where We can match the characteristics of a batter to available bats (which we have tested) as well as associated services (like Our blog). Whichbat does not sell bats, does not receive money from any bat manufacturer or retailer that would influence our search results, and does not sell information. Whichbat may provide statistical data from search results to partners of ours to help ensure that there is sufficient inventory for you to purchase the most popular bats.
Over time, we will improve and may expand our services. If we make any material changes to our services that negatively impact your use of our services or if we stop a service, we will provide you with reasonable advanced notice.
At Whichbat, Our Primary advertising medium is Facebook. And, in particular, We use Pixel. Pixel allows us to track which Facebook ads work and which do not so that We can better tailor Our ads and Our audience. Essentially, what Pixel uses are cookies to show how Our users go from Facebook ads to Us. Cookies are small (and usually temporary files) that store how You interact with a website (like Whichbat's website). And, in order for this to work, We do have to share Your cookie data with Facebook. You may opt out of using Pixel by adjusting your browser settings. Otherwise, You agree to allow us to use and share cookie data.
If You meet Your responsibilities, We give You permission for You to use Our services. These responsibilities are as follows:
In order to protect Our valuable trade secrets and other proprietary information that make up Our services, You warrants that, except as expressly permitted under applicable law, You will not reverse engineer, disassemble, or otherwise attempt to derive the source code form of any of Whichbat’s services.
Our services include a blog that allows you to interact with others. To participate, You must follow this code of conduct:
Failure to comply with this code of conduct may result in suspension of Your privileges to participate, and compliance with Our code of conduct is completely at Our discretion.
Some of Our services (for example, our blog) is or may be designed to let you upload, submit, store, send, receive, or share Your content (for example, Your comments, Your photos, Your search results, feedback, and suggestions to improve Our Services) (“Your Content”). You have no obligation to provide of Your Content. If you choose to provide Your Content, it is Your responsibility to ensure that Your Content is Yours and is lawful.
Your Content remains Yours, including all intellectual property rights, and We need your permission to use Your Content. Permission to use Your Content is provided through this License.
This License give us permission to use Your Content, but it does not affect Your privacy. This License does not include publicly-available factual information that You provide because this type of information does not require a license.
This License is worldwide, non-exclusive, royalty-free, license to all of Your Content. As such, Whichbat is permitted to:
This License is for the limited purpose of:
Duration
This License lasts for as long as Your Content is protected by intellectual property rights.
We provide Our services using reasonable skill and care. If we do not meet the quality level described in this warranty, You agree to tell us, and We will work with you to try to resolve the issue.
Our only commitments for Our services are: (1) described in the Warranty sect ion; or (2) provided under applicable laws. There are not any other commitments about Our services.
And unless required by law, there are no implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
This ToS only limits our responsibilities as allowed by applicable law. Specifically, this ToS does not Our liability for death or personal injury, fraud, fraudulent misrepresent at ion, gross negligence, or willful misconduct.
Other than the rights and responsibilities described in this section, in case of problems or disagreements, We will not be responsible for any other losses, unless they are caused by our breach of this ToS.
To the extent allowed by applicable law, You will indemnify Whichbat and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to Your unlawful use of Our services or violation of this ToS. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
We will not be responsible for the loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential loss, or punitive damages.
Whichbat’s total liability arising out of or relating to these terms is limited to U.S. $12.50 (125% of a single query).
If You are legally exempt from certain responsibilities, including indemnification, then those responsibilities do not apply to You under this ToS.
By law, you have the right to a certain quality of service, and a way to resolve disputes. This ToS does not affect those rights.
Whichbat reserves the right to remove Your Content, and suspend or terminate Your account without notice and at Our discretion.
If You believe that Your Content was removed or Your account suspended or terminated in error, you can reach use at support@whichbat.com.
You are free to discontinue use of Our services at any time.
Texas law will govern all disputes arising out of or relating to this ToS, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Dallas County, Texas, USA. You consent to personal jurisdiction in those courts.
By law, You have certain rights that cannot be limited by a contract like this ToS. This ToS in no way intendeds to restrict those rights.
This ToS describes the relationship between You and Us and do not create any legal rights for other people or organizations, even if others benefit from that relationship under this ToS.
If it turns out that a particular term is not valid or enforceable, this will not affect any of the other terms.
If you do not follow this ToS, and We do not take action right away, that does not mean we are giving up any rights that we may have, such as taking action in the future.