Last Modified: July 2020
The Born To Baseball Travel Team Tracker Directory Terms are a critical element and we cannot permit you to use the Directory until you agree to them. The Directory Terms relate to use by providers and/ or users, so please review in full. By continuing to use the Directory, you are agreeing to the Terms, as well as the site Terms, Privacy and Disclosure Policies in full.
We reserve the right to modify the Directory Terms at any time without giving you prior notice. Your use of the Born To Baseball Travel Team Directory following any such modification constitutes your agreement to follow and be bound by the modified Directory Terms. You agree to review the Directory Terms on a regular basis and always remain in compliance.
“Born To Baseball”, “we”, “us” or “our” means Born To Baseball and our affiliates.
“Born To Baseball Travel Team Tracker Directory” means the online directory that lists service providers and/ or partners that may offer products, services, integrations, templates or applications related to Travel Baseball.
“Service Provider”or “Provider” means the individual or entity that uses the client Service Offerings on the Born To Baseball Travel Team Tracker Directory.
“You” or “your” means the person or entity using the Born To Baseball Travel Team Tracker Directory, whether you are a partner, Service Provider, Client, customer, or user.
“Service Provider Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Born To Baseball Travel Team Tracker Directory, whether by us, our customers, or other users of the Directory.
“Third-Party Products” means products and professional services that are provided by third parties which may or may not interoperate with or be used in connection with the Born To Baseball products.
“Third-Party Sites” means third-party websites linked from within or accessed through the Born to Baseball Travel Team Tracker Directory.
2. Access to the Born To Baseball Travel Team Tracker Directory
We will provide you access to use the Directory according to the terms of this Agreement. Certain parts of the Directory may only be accessible to you if you are a Service Provider and/ or if related fees related to Fee based plans are current.
Providers may be required to select a username and you may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) that uses ‘Born To Baseball’ as all or part of it, unless we provide express permission to do so, or (vii) that we reject, which we may choose to do at our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of the Born To Baseball Travel Team Tracker Directory has been breached, compromised, or unauthorized, notify us immediately at firstname.lastname@example.org.
We can remove or discontinue all or a portion of the Directory (including, without limitation, Service Providers or Service Offerings) at any time, without notice, at our discretion. We can choose which Service Providers or Service Offerings to promote, and we can also choose how we want to promote them, if at all. Provision of the Directory does not mean we endorse, support or warrant the Service Provider or Service Offerings, even if the Service Provider or Service Offerings have been mentioned in any form site wide or in any linked format.
3. Your Conduct and Content
a. Acceptable Use. You may use the Born To Baseball Travel Team Tracker Directory to provide or learn information about Service Providers, Service Offerings, solely in compliance with this Agreement. You may not (directly or indirectly) use the Born To Baseball Travel Team Tracker Directory with content, or in a manner that:
- is confidential, proprietary or discloses Sensitive Information;
- discloses or solicits the private information of any person;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Directory from using and enjoying our website and/or Born To Baseball products;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- damages, disables, overburdens, or impairs any Born To Baseball website or interferes with any other party’s use and enjoyment of the Directory;
- violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable law or regulation.
b. Suspension and Notice of Violations. We may immediately suspend use of the Directory and/or remove a Service Offering, at any time without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content). This right is in addition to those other rights of suspension and removal that we otherwise have under this Agreement.
c. Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on our website, please email email@example.com and follow the steps and provide the information as detailed in the Terms, as well as the site Terms, Privacy and Disclosure Policies in full.
d. Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use shared and submitted content in connection with the Directory. We may edit or remove your content at any time at our sole discretion.
If you are a User of the Directory, you understand and agree that we are not responsible for engagement with a Service Provider or use of Service Offerings. If you elect to engage with a Service Provider or procure a Service Offering, the terms and conditions regarding your use or receipt of the Service Offerings are between you and the Service Provider of those Service Offerings. Any questions, concerns or disputes that arise based on your use of a Service Offering should be addressed with the Service Provider, not with us. The Service Offerings may use or transport your data or information you directly share with them and we are not responsible for any such use or transport. If you use the Born To Baseball Travel Team Tracker Directory, its content, a Service Provider listed, or any Service Offerings, you do so at your sole risk.
5. Use by Service Providers
If you are a Service Provider, the expectation is you operate with the highest level of integrity. If you are listed as a Service Provider, we also expect that Service Offerings you provide are done so with good quality and in a professional manner. We may remove you as a Service Provider or remove a Service Offering at our discretion, at any time, without notice to you. Submitting your information as a Service Provider does not guarantee you will be listed on the Directory and/ or promoted by us.
6. Born To Baseball’s Proprietary Rights
The Born To Baseball brand, trademark, products and services are protected by intellectual property laws. They belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You may not use any of these without our prior written permission.
All comments and suggestions submitted to Born To Baseball will be non-confidential and we own all rights to use and incorporate them into the Born to Baseball products and services, without payment or attribution to you.
8. Service Offerings, Third-Party Sites and Products
The Service Offerings, Third-Party Products and Third-Party Sites are not under our control. Service Offerings, Third-Party Sites and Third-Party Products are provided to you only as a convenience, and the availability of any Service Offerings, Third-Party Sites or Third-Party Products does not mean we endorse, support or warranty the Service Offering, Third-Party Product or Third-Party Product.
9. Term and Termination
a. Term. This Agreement will apply for as long as you use the Born To Baseball Travel Team Tracker Directory.
b. Termination and Suspension. We may terminate this Agreement and/or suspend your access to the Directory immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Directory in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion (iv.) your fee based listing expires and payment is not made. We are not obligated to provide you with any of your content used in connection with the Directory after termination. Termination or expiration of this Agreement may not cause your subscription or partner agreement to be terminated, if you have one.
10. Your Representations and Warranties
You represent and warrant that: (i) your participation in the Directory will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all your content with us for our use and with other users of the Directory, and (iii) that the Service Offerings and your content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right. If you are a Service Provider, you further represent and warrant that you have all sufficient rights and permissions to offer and provide the Service Offerings.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) to the extent that such Action is based upon or arises out of: (a) your use of the Directory, (b) your noncompliance with or breach of this Agreement, (c) your use, offer or provision of Service Offerings, Third-Party Sites or Third-Party Products. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us, (ii) requires us to make an admission, or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
12. Disclaimers; Limitations of Liability
a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE BORN TO BASEBALL PRODUCTS OR SERVICES, THE BORN TO BASEBALL TRAVEL TEAM TRACKER DIRECTORY, OR THE SERVICE PROVIDER CONTENT FOR ANY PURPOSE. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE BORN TO BASEBALL DIRECTORY AND THE SERVICE PROVIDER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE BORN TO BASEBALL TRAVEL TEAM TRACKER DIRECTORY AND SERVICE PROVIDER CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.
d. Service Offerings, Third Party Sites and Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO SERVICE OFFERINGS, THIRD-PARTY SITES AND THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE BORN TO BASEBALL TRAVEL TEAM TRACKER DIRECTORY TO YOU.
a. Amendment; No Waiver. We may update and change any part or all of this Agreement. When we change this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Directory.
b. Correction of Errors and Inaccuracies. The content on the Directory may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Service Provider Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
c. Applicable Law. This Agreement shall be governed by the laws of New York.
d. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
e. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
f. Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Service Provider Content and the Born To Baseball products and services. You will not directly or indirectly export, re-export, or transfer the Service Provider Content or the Born To Baseball products and services to prohibited countries or individuals or permit use of the Service Provider Content or the Born To Baseball products and services by prohibited countries or individuals.
g. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
h. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To: New Blend LLC, 177 E Main Street #228, New Rochelle, NY 10801, U.S.A. Attention: General Counsel
i. Entire Agreement. This Agreement is the entire agreement between us for Born To Baseball Travel Team Tracker Directory and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website.
j. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
k. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.