Your Acceptance of Terms of Use

These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of www.ericcressey.com.  By using and/or visiting this web sites (the “Web site”), you signify your agreement to these Terms of Use and any other legal notices or guidelines located within the Web site.  If you do not agree to any of the terms and conditions of these Terms of Use or other notices or guidelines, please do not use the Web site and exit now.  In order to become a registered member of the Web site, communicate with other registered members, and make use of certain Cressey Training Systems services or features, you must read these Terms of Use and indicate your acceptance of them.

Throughout these Terms of Use, the words “we,” “us,” “our,” and “totd” refer to Think Outside The Diamond, LLC.

Important Legal Information Regarding Privacy

You agree that you have read, understood and accept our Privacy Policy .  The Privacy Policy explains our collection of personal and non-personal information from you when using the Web site and our use and sharing of such personal and non-personal information.

Choice of Law: Jurisdiction

This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with Think Outside The Diamond, LLC will be brought solely in Collier County, Florida, and you consent to the jurisdiction of such courts.

Modification to These Terms of Use and Our Web site

We may add to, update, delete from or modify the Web site at any time in our sole discretion. We reserve the right, at any time and in our sole discretion, to change the Terms of Use.  We may post or display notices of changes to the Terms of Use on the Web site.  Once posted, these changes to the Terms of Use become effective immediately.  If any change that we make is not acceptable to you, promptly stop using the Web site.  Any use by you of the Web site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

Ricksaggese.com Web site

A. These Terms of Use apply to all users of the Web site, including users who are also registered members.  The Web site Content (defined below) is provided as a courtesy to our users and is intended for personal, informational, educational and non-commercial purposes only.

B. The Web site may contain links to other third-party web sites that are not owned or controlled by us.  We have no control over, and assume no responsibility for, the products, services, content, privacy policies or practices of any institutional or third-party web site.  In addition, we are unable and unwilling to censor or edit the content of any third-party web site.  We are not involved in any transactions between you and any third party whose products and/or services are listed on the Web site.  By using the Web site, you expressly relieve us from any and all liability arising from your use of any linked third-party web site.  Accordingly, we encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy policy of each web site that you visit.  If you decide to access any other web sites linked to our Web site, you do so entirely at your own risk.  Any questions, complaints, or claims related to any product or service provided by a third party on the Web site should be directed to the applicable third party.

C. We encourage you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, postings, etc.).  Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other members of the Web site.  We do not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.

D. We reserve the right to remove, edit or reject any User Submissions (defined below) at any time, in our sole discretion.  Furthermore, we may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with our without notice and with no liability to us whatsoever.

Web site Access

A. We hereby grant you a limited, personal, non-exclusive, fully revocable license to use and access the Web site and its features as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Web site (other than User Submissions owned by you) in any medium without our prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.  You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Web site.

B. You agree that you will not use the Web site and the services and features offered through the Web site (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without our prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations.  In order to protect third parties and other users from such prohibited conduct, we reserve the right to restrict, in our sole discretion, communications which a user may send through the Web site.

 Intellectual Property Rights

The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  This content may not be used in connection with any product or service in any manner without our prior written consent.  You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site.  Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner.  We reserve all rights not expressly granted in and to the Web site and the Web site Content.  You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose.  You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.

User Submissions

A. The Web site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions.  User Submissions may be used, distributed and published by us and viewed by both us and general users of the Web site.  You understand that we do not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them.  In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions, and to enable inclusion and use of such User Submissions in the manner contemplated by the Web site and these Terms of Use; (ii) submitting, posting or publishing your User Submission on or through the Web site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use.  You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.

C. You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Web site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Web site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license, to use, post and store your User Submissions on our Web site and servers, and to publish, distribute and display such User Submission in connection with the Web site and our business, including without limitation the right to distribute such User Submissions to other users and third parties.  You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D. In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam”; (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Web site or any server, computer hardware, software or equipment.  We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove Web site Content and User Submissions without prior notice.  We also reserve the right to decide whether Web site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

E. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

Warranty Disclaimer

You agree that your use of the Web site shall be at your sole risk.  The Web site, the Web site Content, User Submissions and any services made available on the Web site are provided on an “as is” and “as available” basis.  We do not make and disclaim any and all express and implied warranties and representations, including but not limited to any implied warranty of merchantability, title, non-infringement, and/or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law.  Without limiting the foregoing, we do not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components.  We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Web site or any hyperlinked web site.

Limitation of Liability. 

In no event shall we, or our directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users.  The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.


You agree to indemnify and hold harmless us, our, employees, agents, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Web site, your use of the products or services available through the Web Site, violation of these Terms of Use, or your violation any other legal notices or guidelines

Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  The Ricksaggese.com Web site is not intended for children under the age of thirteen (13).  If you are under 13 years of age, then please do not use the Web site and exit now.


These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.


We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Web site for any reason or for no reason whatsoever including improper use of this Web site or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions.  We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Questions; Comments

 If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at info@ricksaggese.com

 Effective Date

 These Terms of Use are effective as of May 24, 2018.


The Web site www.ricksaggese.com (the “Site”) is provided by Think Outside The Diamond, LLC.  Throughout this Privacy Policy, the words “we,” “us,” and “our” refer to Think Outside The Diamond.  By accessing or using this Site, by registering as a member of this Site, or by becoming an online training customer, you consent to the use of your Personal Data (defined below) as described in this Privacy Policy (“Policy”).  If you are unwilling to consent to our collection and use of your Personal Data as described in this Policy or are unwilling to accept the terms in the Terms of Use Terms of Use, you should not use the Site.

Collection and Use of Personal Data

Your privacy is important to us.  We at times collect, retain, and utilize Personal Data about you to operate our business and to make services and other opportunities available to you.  The term “Personal Data” means personal information that Think Outside The Diamond obtains about you that can be reasonably used to identify you, including your name and email address.  We recognize and respect your privacy concerns about your Personal Data.  We obtain Personal Data in a variety of ways (for example, directly from your Site registration, Mindbody registration, from your other transactions or experiences with Ricksaggese.com, including comments and information that you submit when utilizing the social networking aspects of the Site (e.g., blogs) or from other third parties).

Disclosure of Information

Except as indicated within this Policy, we will not sell, rent or transfer your Personal Data to or otherwise share your Personal Data with third parties.  We may share or transfer your Personal Data as directed to do so by you.  We may use your Personal Data to notify you of Ricksaggese.com Site developments/features and to update you on events or projects that we are participating in or having that may interest you.

We may otherwise transfer Personal Data to third-party vendors who assist us in operating the Site.  For example, a third-party consultant might have access to your Personal Data in the course of providing database management services to us.  All or our vendors operate under applicable federal and state laws regarding consumer privacy and data security.  The Site also uses PayPal to allow for payments for products and services.  Your transaction will be governed by the privacy policies of these companies.

We may, in our sole discretion, share or transfer your Personal Data where permitted or required by law, to comply with the legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation), to protect the security or integrity of our databases or the Site, to protect our business or reputation, to take precautions against legal liability, in the event of a business transition (see below), to protect and defend our rights or property, or for resolving disputes, inquiries or complaints with respect to your use of the Site.

Furthermore, we may also provide our partners and other third parties who might benefit from the information with aggregated data (i.e., compiled data that does not in itself identify you) for research and other purposes.

 Log Files

As is true of most Web sites, our Site gathers certain information automatically and stores it in log files.  This information, which cannot be reasonably used to identify you and does not qualify as Personal Data for purposes of this Policy, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.  We may use this information to track user habits and improve the functionality of the Site as a result of our observations.

We use cookies to passively store information about your use of the Site, including your preferences and other session information.  A “cookie” is a small text file stored on your computer. You may be able to configure your browser to accept or reject all or some cookies or notify you when a cookie is set.  You may need to enable cookies, however, in order to use certain features of the Site.

 Personal Data Submitted by You within Site’s Common Areas and Blogs

If you choose, you may post comments, questions, and other information (including Personal Data, if you choose) at the Site to be reviewed by fellow users.  Information posted by you to community areas of the Site (such as blogs) is accessible by all users  We cannot control the actions of other users with whom you may choose to share your Personal Data through these features.  You also understand that such information might be re-shared or copied by other users.  Further, you understand and acknowledge that, even after removal, copies of submissions you made, including Personal Data submitted, may remain viewable in cached and archived pages or if other users have copied or stored such information.  Information shared with us through such common areas or through any other means may be reproduced by us as described in the Terms of Use .

You should exercise caution in sharing your Personal Data through any of the above-described Site features.

Any improper collection or misuse of Personal Data provided on the Site is a violation of the Think Outside The Diamond Terms of Use and should be reported to info@ricksaggese.com.

Links to Other Sites

You should know that while visiting the Site, you may be directed, through links, to other Web sites that are beyond our control.  We are not responsible for the privacy practices and policies of such Web sites.

 Maintenance of Accurate Information

We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Personal Data about you that is stored and maintained by us is incorrect, please contact us by email at info@ricksaggese.com   

Protection of Information

We strive to maintain the reliability, accuracy, completeness and currency of your Personal Data in our databases and to protect the privacy and security of our databases and the data we collect.  Any Personal Data that you provide to us will be stored on remote computer network servers.  Our service provider maintains reasonable physical, electronic and procedural safeguards to protect the confidentiality of your Personal Data. The security measures in place on the Site and computer systems aim to protect the loss, misuse or alteration of the information you provide to us.  If you have any questions or concerns regarding the security of your information, please email us at info@ricksaggese.com

Business Transitions

In the event Ricksaggese.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Data might be among the assets transferred. You will be notified via this Site of any such change in ownership or control of your Personal Data.

Changes in Our Privacy Policy

If we decide to change this Policy, we will post the changes at this Site and at other places we deem appropriate.  We reserve the right to modify this Policy at any time, so please review it frequently.

By visiting this Site and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Policy.

Effective Date

This Policy is effective as of May 24, 2018.