Terms of Use Agreement
The effective date of this Terms of Use Agreement (“Agreement”) is June 5, 2018. This version of the Agreement replaces and supersedes any prior terms of use applicable to the websites or application located at USABMobileCoach.com; FunAtBat.org; BaseballAce.org; USABaseballShop.com; USABaseballNews.com; USABaseballPhotos.com; USABaseball12U.com; USABat.com; USABaseballs.com; USABaseball.education; USABaseballNTIS.com (and all subdomains); and The USA Baseball Mobile Coach App and related mobile application(s) (collectively the “Site”).
This Site is owned by United States Baseball Federation, Inc., dba USA Baseball. (“USAB;” “we”, “us” and “our”, as applicable). USAB and its affiliates, provide this site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your personal use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions.
Changes to this Agreement
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your continued use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.
Privacy Information
By visiting or using this Site and its related services, contacting us through this Site or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here: https://usabat.com/privacy-policy-terms-of-use.
General Use and Site License
This Site and its related services are intended only for use by those who are 13 years of age or older. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site.
We grant you a limited, nonexclusive and revocable license to make use of the Site and related services, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of USAB and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm USAB or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.
You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of USAB or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of USAB or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on this Site is either the property of USAB or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of USAB and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with USAB’s ownership of the Site and its content.
The trademarks, logos, and service marks displayed on this Site are owned by USAB and other third parties, and this Site’s trade dress is owned by USAB. All trademarks not owned by USAB are the property of their respective owners, and, where used by USAB, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. USAB’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with USAB’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), USAB has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this website or the other USAB properties (the “Designated Agent”). All such notifications relating to this website or the other USAB properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit USAB to locate the material.
D. Information reasonably sufficient to permit USAB to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or email to USAB’s Designated Agent as follows:
Service Provider: USA Baseball
Full Address of Designated Agent:
Karen Gaunt, Dinsmore & Shohl, LLP,
255 E. 5th Street, Suite 1900,
Cincinnati OH, 45202
Facsimile Number of Designated Agent: (513) 977-8141
Telephone Number of Designated Agent: (513) 977-8503
E-mail Address of Designated Agent: karen.gaunt@dinsmore.com
Your Account
Before you can make use of certain services associated with this Site, you may be required to register with the Site and create a user account. Payment for Site purchases will be processed through the applicable Application store, or any other third party payment provider as we may designate from time to time. You acknowledge and agree that we are not responsible for these financial transactions and the security of your financial data with respect to these transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Site Promotions
All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
This Site may contain links to third-party websites or other resources that offer the sale of goods and services. The user acknowledges that USAB is a member of affiliate programs with certain third-parties (including Amazon and certain equipment manufacturers.)
Disclaimer of Warranties; Indemnification; Resolution of Disputes
USAB provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify USAB, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY USAB ON AN “AS IS” AND “AS AVAILABLE” BASIS. USAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, USAB DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, USAB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. USAB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. USAB DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, USAB IS NOT RESPONSIBLE FOR THOSE COSTS.
USAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF USAB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, USAB WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON USAB’S COMPUTERS AND/OR SERVERS. USAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF USAB’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF USAB, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO USAB TO ACCESS ITS SERVICES AND/OR SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless USAB, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your Content, your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against USAB with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
This Site is created and maintained by USAB in the State of North Carolina. You agree that the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and USAB or its affiliates. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Wake County, North Carolina and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
General Information
This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of USAB. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. USAB’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
Contact Information
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
USA BASEBALL
1030 Swabia Court, Suite 201
Durham, NC 27703
info@usabaseball.com
This Privacy Policy governs the manner in which USA Baseball (“Company,” “we”, or “us”) collects, uses, maintains and discloses information collected from users (each, a “User,” or “you”) of the Site (as defined in the Terms of Use Agreement). By using this Site, you signify your acceptance of this Privacy Policy.
Personally identifiable information
We collect personally identifiable information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other information. Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information; however, refusing to provide personally identifiable information may prevent a User from engaging in certain Site-related activities.
Other information
We automatically collect other information about Users whenever they interact with our Site. This automatically collected information may include the browser name, the type of computer, the IP address, the domains from which Users are referred to the Site, and technical information about a User’s means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Background Checks
If any user is the subject of a background check conducted by a third party in connection with any USAB programs or activities, USAB will obtain the results of the background check from that party and reserves the right to share or disclose those results with any person or third party at its sole discretion.
Web browser cookies
Our Site may use “cookies” to enhance our Users’ experiences. Your web browser places cookies on your hard drive for record-keeping purposes and to identify you should you visit the Site again. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you reject cookies, you may still use the Site but please note that some parts of the Site may be limited or not function properly.
How we use collected information
We collect and use our Users’ information for the following purposes:
To run and operate our Site and other services
We use your information and share it with select third parties in order to display content on the Site correctly and to otherwise make the Site function properly. We also use your information and share it with select third parties in order to maintain and develop the Site and in connection with other services we provide.
To improve customer service
Information you provide helps us respond to customer service requests and support needs more efficiently.
To research our services
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site and to evaluate the effectiveness of the Site and our marketing and business efforts.
To improve our Site
We use User information and feedback and share it with select third parties to improve our products and services.
To communicate with Users
We may use your email address to send you information and updates or to respond to your inquiries, questions, and/or other requests. We also use User information and share it with select third parties on an ongoing basis to share details, news, and marketing information about our services and the services of select third parties.
We may also disclose any collected information, including personally identifiable information, if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith that disclosure is necessary to protect our rights, interests, or property; (3) we are acting in good faith to protect your safety or the safety of others, to investigate fraud, or to respond to a government request; (4) we believe in good faith the disclosure is required by law, such as to comply with a subpoena, search warrant, court order, or similar legal or administrative process; and (5) a third party purchases or otherwise acquires us or the Site, in which case your information will likely be among the assets transferred.
How we protect your information
We have adopted appropriate data collection, storage and processing practices and security measures to help protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored in connection with our Site.
Sharing your personal information
In addition to the uses and disclosures described above, we may share or sell information with third parties for marketing or other purposes. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes.
Electronic newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via the contact information listed below.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these other websites and are not responsible for the practices employed by websites linked to or from our Site. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies, including the privacy policy.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html
Changes to this privacy policy
We have the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Children’s Privacy
The Site is not designed to solicit or collect data from individuals under the age of 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect or store any personal information, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information within a reasonable time. If you believe that we have any information from or about anyone under the age of 13, please contact us at the contact points specified below.
Controlling and Updating Your Personally Identifiable Information
If you believe that the Site contains information about you that needs to be updated or corrected, you can update that information by contacting us at the contact information below.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities).
To obtain this information in connection with information collected through the Site, please send an email message to info@usabaseball.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.
California Do Not Track Disclosures
We do not collect personally identifiable information about users’ online activities over time and across third-party web sites or online services. For this reason, at this time, the Site does not respond to “do not track” signals. Third parties may collect personally identifiable information through the Site as described in this Privacy Policy.
Contacting us
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at info@usabaseball.com.
This document was last updated on June 5, 2018.