Terms of Service
1. Ownership of Content
SA website(s) may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. SA makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by SA or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
2. Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
(a) Without the prior written consent of SA, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) Submit, display, or transmit any User Content that exceeds SA’s capacity limits or for which you do not own or have the necessary and appropriate rights;
(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(f) Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity; (g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or
(i) Monitor or copy Content.
Site Security Use Restrictions
SA takes the security of this website and its other website(s) seriously. Therefore, in addition to the restrictions set forth above, you may not:
(a) interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
(b) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any SA website; or
(g) link to, frame, or otherwise reproduce this site or any other SA website without the prior written consent of SA. SA reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by SA or is licensed to SA. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of SA.
Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: general@Softballamerica.com for by mail at Softball America at, PO Box 1682, Mercer Island, WA. 98040; Attention: DMCA
Notice. DMCA Notices must be in writing and must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
4. Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by SA or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of SA. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other SA website.
5. User Content
Some of our site(s) allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site or any SA website, you hereby grant SA an unrestricted, transferable, and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from SA in connection with SA’s exercise of its license rights in and to the User Content you have posted on this site or any other SA website. You acknowledge and agree that SA is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. SA has no obligation to monitor this site or any portion thereof. However, SA reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. SA has no obligation to display or post any User Content. SA reserves the right to disclose, at any time and from time to time, any information or User Content that SA deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. SA shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site
You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication, or service that we offer, to order anything online, to participate in certain contests, games, or sweepstakes, or to access or participate in certain services at or areas of our site(s). By registering at those site(s), or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
7. Online shopping
Some SA site(s) also offer e-commerce opportunities. Site(s) may offer different options for visitors to purchase products or services either from SA or from a third party (see Section 9 below concerning Third Party Site(s)). SA does not guarantee that you will be satisfied with products or services purchased from us. SA does not make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither SA nor its vendors guarantee that all orders will be filled.
Memberships and other services requiring payment generally require use of a valid credit card. SA and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
To use the Softball America Club memberships (subscription) you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
9. Billing Cycle
The membership fee for Softball America Club membership service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method concurrently until cancellation. The length of your billing cycle, and thus the date upon which your subscription will automatically renew will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
You can cancel your Softball America Club membership at any time, and you will continue to have access to the Softball America Club service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Softball America Club using your account with a third party as a Payment Method and wish to cancel your Softball America Club membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Softball America Club service through that third party. You may also find billing information about your Softball America Club membership by visiting your account with the applicable third party.
11. Changes to the Price and Subscription Plans
12. No Refunds
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
13. Links and Third-Party Sites
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies, and requirements of that site. SA does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and SA has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party.
SA has no control over:
(a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or
(b) the content of, or any products or services offered by, websites operated by third parties. SA does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any SA website. You acknowledge and agree that SA has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third-party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
14. Community Code of Conduct
Some website(s) operated by SA may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other SA website(s), including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. SA does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither SA nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties. When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to SA in accordance with these TOU.
In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
(a) You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
(b) Except as specifically authorized on certain SA website(s) and in designated classified ads sections of SA website(s), you will not:
(i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services;
(ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam;
(iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; (iv) post or upload User Content that includes links to commercial services or website(s). (c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a SA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
(g) You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any SA website.
(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any SA website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
(j) You will not use a Posting Agent to post User Content to any SA website.
16. Limitation of Warranties
SA PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. SA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some states may not allow the exclusion of implied warranties, so check local laws.
17. Limitation of Liability
SA DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER SA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE. IN NO EVENT SHALL SA OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NEITHER SA NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY SA WEBSITE. Some states do not allow the limitation of liability, so check local laws.
18. Classified Advertisements
Some of our website(s) may provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our website(s), you proceed solely at your own risk and you agree that SA is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers.
You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that SA, through certain of its website(s), merely provides a forum in which buyers and sellers can connect. Neither SA nor its website(s) posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions. You should be very careful before you send money to any seller posting an advertisement on one of our site(s). In particular, we urge you to use reputable and well known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our website(s). We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of SA or the website on which the classified advertisement was posted. Again, neither SA nor its website(s) posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of SA or the applicable website in completing the transaction.
19. Indemnity and Hold Harmless
20. Termination of Services
We may eliminate or terminate any Content or service posted on or made available through any of our website(s) without notice to you at any time in our sole discretion. Without limiting any other remedy, SA reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to SA via e-mail to hello@Softballamerica.com for by mail at Softball America at ; PO Box 1682, Mercer Island, WA. 98040, Attention: Notices & Complaints.
All notices from SA to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. SA reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
SA reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other SA website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
24. General Provisions
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
(b) No Waiver. No waiver by SA of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(d) No Agency. You acknowledge and agree that SA, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between SA and either you or any vendor, business or promotional partner or advertiser at this site.
(e) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of Nevada, irrespective of its conflicts of laws provisions. In the event that SA wishes to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of SA’s intellectual property rights, SA may bring legal action against you in any federal or state court having jurisdiction.
Last Update: January 18, 2024