Welcome to Balls & Strikes (“Balls & Strikes,” “we,” “us,” or “our”), a project of Demand Justice. These Terms of Use (“Terms”) govern your access to and use of our websites, including http://www.ballsandstrikes.org/, as well as related websites, newsletters, subscription pages, subscriber account features, communications, and other digital properties or services that link to or reference these Terms (collectively, the “Services”).

The Services are provided to support Balls & Strikes’ journalism, commentary, educational, subscription, and related activities. Please read these Terms carefully. By accessing or using the Services, including by subscribing to our newsletter, creating or maintaining a subscriber account, purchasing or managing a subscription, subscribing to any of our other communications, submitting information to us, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. These Terms apply to any person who accesses or uses the Services (“users,” “you,” or “your”). If you do not agree to the Terms of Use, we ask that you do not access or use the Services.

1. Changes to the Services

We reserve the right to change, modify, or discontinue the Services or any portion of the Services, including any and all content, at any time, for any reason, without notice to you.  We reserve the right, in our sole discretion, to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms of Use upon notice, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage.  Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes.

2. Use of the Services

You are granted a limited, non-exclusive, revocable right to access and use the Services solely for your informational, non-commercial, and personal use in connection with our Services. You are prohibited from using the Services or their content to (nor shall you facilitate, direct, or assist a third party to):

  • Modify, reproduce, or resell any part of the Services’ content or data (excluding your personal information), or otherwise commercially exploit any of the Services’ content or data (even if that content or data is provided by a third party);
  • Access, tamper with, or use, non-public areas of the Services or Balls & Strikes’ computer systems without permission;
  • Use the Services in any manner that could interfere with, disrupt, undermine, or improperly manipulate Balls & Strikes’ editorial operations, journalism, newsletters, subscription services, communications, or other activities, including through the use of automated means, impersonation, fraudulent activity, coordinated deceptive conduct, or the submission of false or misleading information;
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Services, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Services for any commercial purpose other than your own personal, non-commercial use of the Services;
  • Use the Services or any content made available through the Services to develop, train, test, or improve any artificial intelligence, machine learning, or similar automated system without Balls & Strikes’ prior written consent.
  • Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Services;
  • Attempt to hide, obscure, or direct, facilitate, or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Use, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Balls & Strikes, you are hiding or switching your IP address to scrape or collect data or content from the Services, or you have received a cease and desist or other correspondence from Balls & Strikes related to any activities in violation of these Terms that requires you to cease accessing or using the Services;
  • Use the Services or any of their contents in any manner other than the manner in which they are intended to be used, or in any way that interferes with their normal operations or with any other user’s use and enjoyment of the Services, unless you first obtain Balls & Strikes’ express written consent;
  • Use the Services or their content in any way that we otherwise communicate is prohibited or for any purpose prohibited or restricted by law.

3. Privacy and Your Information

By accessing and using the Services, you agree to the terms of Balls & Strikes’ Privacy Policy, which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

4. Use Outside the United States

Balls & Strikes makes no representation that the materials contained or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Balls & Strikes, are responsible for compliance with applicable local laws.

5. Availability, Changes, and Compatibility

We do not guarantee that access to or use of the Services will be uninterrupted, error-free, or available at all times. From time to time, the Services may be unavailable due to scheduled maintenance, updates, upgrades, enhancements, security patches, system or network failures, third-party service interruptions, or other causes beyond our reasonable control. We may, in our sole discretion, perform maintenance and deploy updates, upgrades, modifications, or new features to the Services (including changes that affect functionality, content, availability, or system requirements). Depending on the technology you use to access or use the Services (such as your device or browser), the Services may be unavailable to you, in whole or in part, if the technology is incompatible with the technology or configurations we use on the Services. We may also, in our sole discretion, disable the Services, delete them, or limit accessibility to them at any time. We retain sole discretion to perform any of the foregoing activities or make any of the foregoing decisions at any time and without prior notice.

6. Termination/Suspension

You agree that Balls & Strikes may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Services without notice, for any reason in our sole discretion, including, without limitation, for a violation of these Terms of Use or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Balls & Strikes, another user, or any third party.

7. Trademarks

Demand Justice, or third parties from whom Demand Justice has permission, own the trademarks and service marks that are used on the Services, including the Balls & Strikes name, logos, and related branding.  All rights are reserved by Demand Justice and such third parties, and no implied rights are granted to you or any third parties.  These and other graphics, logos, service marks, trademarks, and trade dress of Balls & Strikes, Demand Justice, and their licensors may not be used without prior written consent of Demand Justice or its licensor, as the case may be.  Without limiting the foregoing, no Balls & Strikes or Demand Justice trademark or trade dress may be used in connection with any product or service that is not Balls & Strikes’ or Demand Justice’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Balls & Strikes or Demand Justice.

8. Copyright and Other Proprietary Rights

Balls & Strikes, or third parties from whom Balls & Strikes has permission, own the Services and all content made available on or through the Services, including articles, commentary, newsletters, graphics, photographs, audio, video, and other editorial content. All proprietary content and materials on the Services, including, without limitation, the Services’ layout, organization, design, and any graphics, text, icons, audio, video, and similar materials are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree not to copy, reproduce, distribute, modify, or otherwise use proprietary content except as permitted by applicable law, these Terms, or the written consent of the applicable rights holder.

If you believe that any content on the Services infringes your copyright, you may send a written notice to: [email protected]. Please include your name and contact information; a description of the alleged infringement, including the allegedly infringing content and what content you contend is being infringed; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove or disable access to the material.

9. Feedback

To the extent permitted by applicable law, any comments or materials sent to Balls & Strikes, including but not limited to suggestions, ideas, comments, submissions, or questions (collectively “Feedback”), shall become property of Balls & Strikes upon receipt. Balls & Strikes shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, distribute to others, and otherwise exploit the Feedback without permission. Balls & Strikes shall be free to use any suggestions, ideas, comments, or concepts contained in such Feedback for any purpose whatsoever, including developing the Services, editorial content, newsletters, subscription offerings, communications, or making improvements to the Services incorporating such Feedback.

10. Children’s Privacy

The Services are not directed toward individuals under the age of 18, and we do not knowingly collect personal information from individuals under the age of 18. If we learn that we have collected personal information from an individual under the age of 18, we will delete that information and otherwise comply with the requirements of applicable law. If you believe that we might have any information from or about a child, please email us at [email protected].

11. Third-Party Services

The Services may contain links to other unrelated websites on the Internet or other third-party tools (together, “Third-Party Services”).  Balls & Strikes is not responsible for the content, accuracy, copyright compliance, decency standards, operations, functionality, or other materials of such Third-Party Services.  These Terms of Use do not apply to such unrelated Third-Party Services and you should review the privacy policy, terms of use, and any other agreement or terms governing the Third-Party Services.  Balls & Strikes is not liable for any losses or damages incurred as the result of your dealings with or use of such Third-Party Services.

12. Disclaimer of Warranties

Nothing on the Services is legal, security, or professional advice. Balls & Strikes is not a government body or election office and does not issue official guidance. You assume all risk arising from use of the content and any decisions made based on it.

THE SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF THE SERVICES. BALLS & STRIKES DOES NOT WARRANT THAT THE SERVICES, THEIR SERVERS, OR E-MAIL OR OTHER COMMUNICATIONS SENT FROM THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

13. Limitations of Liability

Neither Balls & Strikes, its affiliates, any third-party supplier, nor their respective officers, directors, employees, or agents, are responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of the Services or any of THEIR content.

FURTHER AND FOR THE AVOIDANCE OF DOUBT, TO THE FULLEST EXTENT PERMITTED BY LAW, BALLS & STRIKES AND ITS LICENSORS WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR ANY OF THEIR CONTENT.  YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND IN THE EVENT OF ANY FINDING OF LIABILITY IN SPITE OF THE FOREGOING, BALLS & STRIKES’ AND ITS LICENSOR’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US, IF APPLICABLE, IN THE 12 MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY DOLLARS ($50).

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Balls & Strikes, its owners, officers, representatives, directors, employees, consultants, third-party suppliers, licensors, and agents from any and all losses, expenses, claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to (a) your use of the Services; (b) your use of any material, information, or data downloaded or otherwise obtained from the Services; (c) your violation of these Terms of Use; or (d) your infringement of any intellectual property or other right of Balls & Strikes or any other person or entity.

15. Governing Law

All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of Washington, D.C., without giving effect to any choice or conflict of law provision or rule (whether of Washington, D.C. or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Washington, D.C.  The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. Balls & Strikes’ failure to enforce any right or provision of the Terms of Use does not constitute a waiver of that right or provision.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

THIS SECTION REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO INCLUDES A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND SPECIAL PROCEDURES THAT APPLY IF MULTIPLE SIMILAR CLAIMS ARE ASSERTED.

Except as expressly provided in this Section, you and Balls & Strikes agree that all disputes subject to this Arbitration Agreement will be resolved exclusively through binding individual arbitration rather than in court. To the fullest extent permitted by law, you and Balls & Strikes waive the right to a jury trial and the right to participate in a class, collective, consolidated, private attorney general, or representative action.

a. Disputes covered

This section applies to any dispute, claim, or controversy between you and Balls & Strikes, its affiliates, and their respective officers, employees, agents, service providers, and other intended third-party beneficiaries (collectively, “Related Parties”), arising out of or relating to:

  • these Terms;
  • your access to or use of the Services;
  • any services offered through the Services;
  • subscriptions, payments, marketing, privacy, data security, advertising, consumer protection, contract, tort, statutory, or common-law claims; or
  • the interpretation, enforceability, validity, formation, or scope of this Arbitration Agreement, except as expressly stated below.

This Arbitration Agreement does not apply to claims that applicable law prohibits from being arbitrated. If you use the Services on behalf of another person, including a minor, dependent, or person for whom you are a caregiver, guardian, agent, or personal representative, you represent that you have authority to accept these Terms on behalf of both yourself and that individual to the fullest extent permitted by law.

b.     Notice of Dispute Required

Before initiating arbitration or filing any court action, the party asserting a dispute must provide a written Notice of Dispute. Notices to you may be sent to the contact information associated with your use of the Services. Notices to us must be sent to:

Balls & Strikes
701 8th Street NW
Suite 450
Washington, D.C. 20001
[email protected]

The Notice of Dispute must include the claimant’s name, contact information, a description of the dispute and supporting facts specific to the claimant, the relief requested, and the claimant’s personal signature. If a claim is asserted on behalf of another person, the Notice of Dispute must also identify that person and the claimant’s authority to act on that person’s behalf.

c.     Attempted Informal Resolution Required

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete Notice of Dispute. Any applicable statute of limitations will be tolled during that period. The parties may voluntarily agree to mediate the dispute by telephone or videoconference, but neither party is required to participate in mediation unless applicable law requires otherwise.

Completion of this informal dispute-resolution process is a contractual condition precedent to arbitration or litigation. A court or arbitrator may stay or dismiss any proceeding filed before this process has been completed.

d.     Binding Individual Arbitration

If the dispute is not resolved through the informal process, either party may initiate binding individual arbitration.

Consumer disputes involving individual users of the Services for personal, family, household, or similar non-commercial purposes will be administered by the American Arbitration Association under its Consumer Arbitration Rules.

Commercial disputes involving business users, providers, vendors, contractors, or other commercial parties will be administered by the American Arbitration Association under its Commercial Arbitration Rules.

The Federal Arbitration Act governs this Arbitration Agreement. Arbitration will be conducted remotely by video, telephone, or written submissions unless the arbitrator determines that an in-person hearing is necessary or the parties agree otherwise. The arbitration will be heard by one neutral arbitrator.

e.     Arbitrator’s Authority.

Subject to these Terms and applicable law, the arbitrator may award any individual remedy that would be available in court, including statutory damages, attorneys’ fees, costs, declaratory relief, and injunctive relief to an individual claimant.

The arbitrator may permit only the discovery reasonably necessary to ensure a fair resolution of the dispute.

Except as expressly provided below, the arbitrator has the exclusive authority to decide issues relating to the interpretation, enforceability, validity, formation, and scope of this Arbitration Agreement. A court, and not the arbitrator, will to the extent required by applicable law decide issues concerning the enforceability or applicability of the class action waiver, consolidated proceeding waiver, public injunctive relief, or the mass arbitration provisions.

f.      Class, Collective, Representative, and Consolidated Action Waiver

To the fullest extent permitted by law, you and Balls & Strikes agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or representative in any class, collective, consolidated, coordinated, or representative proceeding, except as required by nonwaivable law or as provided in the mass-arbitration procedures below. This waiver applies in both arbitration and court proceedings.

g.     Mass Arbitration

If 10 or more substantially similar Notices of Dispute or arbitration demands are submitted by or with the assistance, coordination, or cooperation of the same or coordinated counsel, law firms, organizations, or claimants, the claims will be treated as a “Mass Arbitration.”

Each claimant must first complete the Notice of Dispute process described above. Each Notice of Dispute and arbitration demand must be personally signed by the claimant and include claimant-specific facts supporting the claim, identify the relief sought, and provide information sufficient to identify the claimant’s relationship with Balls & Strikes. Counsel coordinating multiple claims must certify that each claimant authorized the filing, reviewed and personally signed the Notice of Dispute or arbitration demand, completed the required informal dispute-resolution process, and has a good-faith basis for the claim. No arbitration demand may be filed until the informal-resolution process is complete. If an arbitration demand is filed prematurely, the administrator or a court may dismiss, stay, administratively close, or hold the matter in abeyance without requiring payment of filing, administrative, case-management, or arbitrator fees until the contractual prerequisites have been satisfied.

For any Mass Arbitration, the administrator’s applicable mass-arbitration rules and fee schedule will apply. If those rules do not provide a complete process, claims will proceed in staged batches as determined by the administrator, a process arbitrator, or a court. Fees will be assessed only for the batch or stage then being administered, unless applicable rules or law require otherwise. No merits arbitrator shall be appointed for claims outside an active batch. Filing fees, administrative fees, case-management fees, and arbitrator compensation shall be assessed only for the batch then being administered unless applicable law or the administrator’s rules require otherwise. Claims that are not part of the active batch will remain in abeyance, and all applicable limitations periods will be tolled.

The outcome of any batched, bellwether, or staged proceeding may be used solely for settlement purposes and shall not have preclusive effect or bind any other claimant or Balls & Strikes absent a written agreement by the affected parties. A court or process arbitrator may enforce this section. Nothing in this section prevents any claimant from pursuing an otherwise proper individual claim.

h.     Small Claims and Provisional Court Relief

Nothing in this Arbitration Agreement limits either party’s right to bring an eligible claim in small claims court where permitted by applicable law.

Either party may seek temporary, preliminary, or provisional injunctive relief from a court solely to preserve the status quo, protect confidential information, prevent unauthorized access, protect intellectual property, respond to security incidents, or prevent imminent and irreparable harm pending completion of arbitration.

Seeking such provisional relief does not waive the right to arbitrate.

If a court determines that a particular claim cannot be arbitrated, only that claim will proceed in court. Any arbitrable claims will remain subject to arbitration, and any court proceeding may be stayed pending completion of arbitration to the extent permitted by law.

i.      Costs and Attorneys’ Fees

Arbitration fees and costs will be allocated according to the applicable arbitration rules and governing law. For consumer disputes, Balls & Strikes will pay arbitration fees to the extent required by applicable AAA Consumer Arbitration Rules or applicable law. Each party will bear its own attorneys’ fees and litigation costs unless applicable law or the arbitration rules require otherwise, or the arbitrator awards fees based on a determination that a claim or defense was frivolous or asserted in bad faith.

j.      Right to Opt-Out

You may opt out of this Arbitration Agreement by sending written notice within 30 days after first accepting these Terms. Opt-out notices must be sent to: [email protected]. Your notice must include your name, mailing address, the email address associated with your use of the Services, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provision of these Terms, including the requirement to complete the informal dispute-resolution process before initiating litigation.

k.     Severability and Survival

If any part of this Arbitration Agreement is held unenforceable, that provision shall be severed only to the minimum extent necessary, and the remainder of the Arbitration Agreement shall remain enforceable. However, if the class, collective, representative, consolidated-action, or private attorney general waiver is found unenforceable as to a particular claim and cannot be severed while preserving individual arbitration, that claim shall proceed in court and not in class arbitration. This Arbitration Agreement survives termination of these Terms, cessation of your use of the Services, and the end of your relationship with Balls & Strikes.

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