Terms of Service
Welcome to the Smith Baseball Academy website. We are deeply committed to protecting your privacy and the security of the information you share with us. Please take a few minutes to review these Terms of Use (“Terms”). The Terms govern your use of this web site provided to you by Smith Baseball Academy LLC. Our website (each a “Site”) is made available by Smith Baseball Academy or one of its subsidiaries (“we” or “us” or “our”). Use of the Site is governed by these Terms. We may change these Terms from time to time, at any time without notice to you, by posting such changes here. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS.
User Information
During your use of the Site and the services made available on or through it, you may be able to provide certain personalized information (“User Information”) to us. Our Privacy Policy describes our information collection and use practices. By using the Site, you agree to the terms of our Privacy Policy and our Disclaimer, and you agree that you are solely responsible for the accuracy and content of User Information you submit.
Submitted Materials
Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted that you send to us or post on or through the Site (including, for example, items that you submit or post on our message boards, in survey responses, on our blogs, or send to us by e-mail) (“Submitted Materials”) shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us or posting it on or through the Site, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.
Our Rights
By submitting or sending Submitted Materials to us or posting it on or through the Site, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Site or our goods or services, in any media, without any compensation or advance notice to you.
Blogs and Forums
Our Site contains forums, blogs and other areas where you can post information and view information that has been posted by other users without our advance review. You agree to follow all applicable third party rules and terms of use related to your use of the Site. In addition, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site any content which (i) prevents any other user from using and enjoying the Site, (ii) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic or profane, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, ordinance or regulation, (iv) violates or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contains a virus, spyware, or other harmful component, (vi) contains embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitutes or contains false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments. You alone are responsible for the content and consequences of any posts and activities made from your account. Do not provide anyone else with your login, password or credentials that would permit them to impersonate you.
Prohibited User Conduct
You agree that, while using the Site and any services and features offered on or through it, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content on the Site; (c) use, redistribute, republish or exploit third party content for any commercial or promotional purposes; or (d) attempt to gain unauthorized access to other computer systems through the Site. You shall not obtain or attempt to obtain lists of users or other information from or through the Site, and you shall not use the Site in violation of any applicable law, ordinance or regulation. We are not responsible to monitor your use of the Site or to determine if such use violates any applicable law, ordinance or regulation. Please govern your use accordingly.
Right to Monitor and Editorial Control
We reserve the right, but do not have an obligation, to monitor and review all materials posted by you to the Site. We are not responsible for the content of any materials posted by users. Please govern your use of that content accordingly. We reserve the right to edit, refuse to post or to remove any content you post for any reason, at any time and without advance notice to you. Our reasons for edit, removing or refusing to post content include, that such content is objectionable to us in our sole discretion, that it violates these Terms or that it violates any applicable law, ordinance or regulation. We may also limit your access to all or certain portions of the Site without notice to you for any reason.
Posting Private or Sensitive Information
Your Submitted Material and content posted on the Site are stored in multiple places on the Internet. We have no control over who will see this material and no ability to permanently remove it from public view. Please be careful about content and information that you post and avoid disclosing sensitive, embarrassing, proprietary, medical or confidential information.
Rights
As between you and us, we own, all rights, title and interest in and to the Site, including all of the content, code, data and materials, the look, feel and design the Site, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you any ownership or rights to or in any of that content, code, data or other materials.
License
We grant you a limited, revocable license to access the Site and view the content on your personal computer or mobile device for your personal use only. We may revoke your license to access and/or use the Site at any time and for any reason without advance notice to you.
Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Site is prohibited unless you have received the express prior written permission from our authorized personnel. Other than as expressly permitted herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you use of the Site, Apps, or Social Media or the content, code, data or materials thereon or available through them, with or without our express permission, you may violate copyright and other laws of the United States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Trademarks
Our trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through them are our registered and unregistered Trademarks and you may not use them in any manner without our express written consent. Your use of our Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us are likely to cause customer confusion, and therefore is prohibited. Use of the Site does not grant you any license or right to use any Trademark.
Indemnification
You agree to defend, indemnify and hold us our directors, officers, employees, agents, contractors, successors and assigns (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.
Third Party Sites
We frequently link to third party web sites on the Site. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may be available on or through those third party sites. The inclusion of a link to a third party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.
DISCLAIMER OF WARRANTIES
THE SITE, APPS AND SOCIAL MEDIA ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE SECURE, PROVIDED UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE, APPS OR SOCIAL MEDIA SHALL CREATE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, APPS OR SOCIAL MEDIA OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THEM. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, APPS OR SOCIAL MEDIA, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE, APPS OR SOCIAL MEDIA. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RELATED TO YOUR USE OF THE SITE EXCEED, THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE AND TEN DOLLARS.
Applicable Law
These Terms and the relationship between you and us shall be governed by the laws of the United States of America. You agree that any controversy or claim that you have arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be Shawnee County, Kansas, USA. We operate the Site from our locations in the United States of America. We do not represent that the Site is appropriate or available for use in any other locations. If you choose to access the Site from locations outside of the United States of America, do so on at your own risk. All parties to these terms and conditions waive their respective rights to a trial by jury.
Termination
We may terminate, change, suspend or discontinue any aspect of the Site services at any time. We may restrict, suspend or terminate your access if we believe you are in breach of these Terms or applicable law, or for any other reason without advance notice or liability.
Changes to Terms of Use
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Site after any changes to the Terms are posted will be considered acceptance of those changes.
Updated: October 20, 2015
