Privacy Policy, California Statement, and Terms of Service
This Privacy Policy describes how the Alternative Baseball Organization, Inc. ( “ABO”) collects, uses, or discloses personal information we receive through our website (https://www.alternativebaseball.org/) or through any mobile application or other online or offline services we offer (collectively, the “Services”). This policy also describes your choices about the collection and use of your information. Note that if you have a business relationship with us, the contractual terms of that relationship will control in the event of any conflict.
Please read the Privacy Policy carefully before you start to use the Services. By using the Services, you agree to be bound and abide by our posted Terms of Use (“Terms”) and this Privacy Policy. Your right to access or use the Services is terminated if you decline or violate these Terms or our Privacy Policy. Please see Sections 11-13 of our Terms regarding your legal rights in any dispute involving our Services.
How We Collect Information
We may collect information about you by various means, including:
From you, through our Services both online (e.g., website) and offline (e.g., at games);
From organizations that we partner with (e.g. our third-party e-commerce shop);
By combining information from different sources, including online and offline data; and
From other sources and social media platforms that you may use to engage with us.
Types of Information that We Collect
We may collect the following categories of information:
Profile and subscription information, such as your name, mailing address, e-mail address, phone number, and usage and subscription preferences (and user credentials, if we provide any access-restricted Services);
Player information that you may provide about yourself, including profile and subscription information, and additional information such as the name of your parent / guardian, your birthday, diagnosis, and prior sports experience.
Coaching and other volunteer information that you may provide about yourself, such as your availability and interests, to help us connect you with a coaching or other volunteer opportunity;
Transactional information that you may provide if you make donations to us, or purchase our products (actual payment credentials such as credit card number are directed straight to our payment processor);
Survey information in response to questions that we may send you through the Services, including for research purposes or to improve our Services (e.g. the “Fan Vote” on our website);
User Content that you may provide to us via the Services (e.g., social media content and testimonials) along with any pictures, videos, and information that you provide about yourself and the content (e.g. recordings of gameplay);
Communications between you and us, such as via e-mail, web form, phone, or other channels;
Offline activity that you engage in with us, such as when attending games; and
Online User Activity described in the next section.
If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this Privacy Policy.
Online User Activity, Cookies and Information Collected by Other Automated Means
Cookies are a commonly used web technology that allow websites to store and retrieve certain information on a user’s system, and track users’ online activities. We, our service providers, and our business partners, may collect information about your use of our websites and mobile apps by such automated means, including but not limited to cookies, pixels, and other similar technologies. Cookies and these other technologies can help us automatically identify you when you return to our Services. Cookies help us review website traffic patterns and improve the website, and determine what Services are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.
When you use any Services we provide, the information that we may collect by automated means includes, for example:
Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number)
Location information where you choose to provide us with information about your device’s location.
If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. We may share non-personal information obtained via cookies with website technology vendors. Because there is not yet a consensus on how organizations should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. Note that certain advertising partners we use may be able to collect information about users’ online activities over time and across third-party websites.
How We Use the Information that We Collect
We may use the information that we obtain about you for purposes allowed by applicable laws, including:
Provide our Services to you, including to manage your interactions with us, help you find a team to play or volunteer on, facilitate commercial transactions (such as donations and purchases), and respond to your inquiries and other communications;
Tailor the content that we display to you in our Services and communications, including advertising, and offer opportunities and information that we believe may be of interest to you;
Operate, evaluate, and improve our Services, including to diagnose or fix technology problems;
Monitor the performance of our Services including metrics such as total number of visitors, traffic, and demographic patterns, as well as analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);
Provide you with administrative notices, such as to inform you about changes to this Privacy Policy and our Terms; and
Comply with and enforce as needed applicable legal requirements, industry standards, our policies, and our contractual rights.
We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and advertising, as well as improvement of our Services.
Online Advertising
You may see us promoted by other organizations, on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our organization may be displayed or promoted, and if you believe that ABO is featured in venues that are inappropriate or offensive, please contact us.
We may serve advertisements, and allow third parties to serve advertisements, through our Services. Advertisements served through our Services may be targeted to users who fit a certain general profile category, which may be inferred from information that you provide to us or, based on your website usage patterns, or based on your activity on other websites or online services as may be available to the ad networks.
How We Share Your Information
We will not disclose your personal information to third parties without your consent, except in the following circumstances.
We may share, in our reasonable discretion, basic information (such as player, coaching, and volunteer name and/or contact information) to facilitate the Services with organizations we partner with, such as sports organizations and leagues affiliated with ABO;
If you voluntarily share or submit any User Content including contact information or commentary for public posting through our Services, or link it to any social media platforms, that post (and any content or information associated with it) may become available to the public. See our Terms for more information about User Content.
We may share your information as permitted by law, including, for example, with our service providers that we believe need the information to perform a technology, organizational, or other professional function for us (examples include IT services, maintenance and hosting of our Services, marketing and data analytics partners, and other service providers). We only provide such vendors with information so they can perform their required functions on our behalf.
We also may disclose information about you: (i) if we are required to do so by law or legal process; (ii) when we believe disclosure is necessary to prevent harm or financial loss; (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users, or the public.
We reserve the right to transfer the information we maintain in the event of a major organizational transaction affecting all or a portion of our organization or assets. If we engage in such a transaction, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy.
We may, from time to time, contact you on behalf of third parties about a particular offering or opportunity that may be of interest to you. In such cases, your contact information is not transferred to the third party, but rather we send you a communication on their behalf.
Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us and applicable law.
Your Privacy Choices
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
Informational Emails: From time to time, we may contact you via email or through other channels for the purpose of providing announcements, opportunities to participate in our events, or other general communications. In order to improve our Services, we may be notified when you open an email from us or click on a link therein. You may choose not to receive certain informational emails from us by clicking on the unsubscribe link in the emails you receive from us. Even if you opt out of receiving such communications, we may continue sending you non-informational email communications, such as administrative or transaction alerts, or information about changes to our terms of service.
Cookies: Web browsers may offer users the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites and mobile apps may not function correctly.
Information Requests: If you have a particular request with respect to personal information that we maintain about you, please contact us as directed below and where required by applicable law or otherwise in our reasonable discretion we will endeavor to address your request.
Links to Other Websites and Third Party Content
Our Services may contain links to other websites or apps. This can include social media integrations and our various third party partners, such as the e-commerce store. Please be aware that we are not responsible for the content or privacy practices of such other websites or apps, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or app that collects personal information.
How We Protect Information
We endeavor to maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.
Children
The Services are intended for use only by persons over the age of 13. We do not seek to collect information about children under the age of 13 and aim to delete such information if discovered.
International Data Transfers and Use
Our Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States.
Updates to Our Privacy Policy
We may revise the information on the Services or otherwise change or update the Services, including this Privacy Policy. If we make changes to this Privacy Policy, we will post notice of the modifications to the Privacy Policy on this page. Changes will become effective when posted. We encourage you to periodically check our Privacy Policy to see if there have been any changes of interest to you. Your continued use of the Services after an update to our Privacy Policy constitutes agreement to the policy as revised.
Contacting Us
If you have questions, comments, or concerns about this Privacy Policy, our privacy practices, or if you would like us to update information or preferences that you provided to us, please contact us by email to info@alternativebaseball.org or by phone to 770.313.1762.
California Privacy Rights
If you are a California resident who has an established business relationship with Alternative Baseball, under the California Civil Code, you may request and obtain from us (once during each calendar year) information about your Personal Information that we have shared, if any, with other businesses for their direct marketing purposes.
If applicable, this information would include the categories of your Personal Information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, you may contact us at info@alternativebaseball.org with "Your California Privacy Rights Request” in the subject line of your message or at 854 Lindsey Lake Road, Dallas, Georgia 30157, attn: Web Site Service – Your California Privacy Rights Request.
All requests should clearly state the request is related to Your California Privacy Rights and include your first and last name, email address (or, if you want a reply by regular mail, include your street address, city, state and zip code). We will send the requested information to you, as applicable, at your e-mail or postal address.
This Privacy Policy was last updated on October 7, 2020.
TERMS OF SERVICE
Terms of Use
Alternative Baseball Organization, Inc. (“ABO”) is a 501(c)(3) nonprofit organization that provides an
authentic baseball experience for teens (over 15) and adults with autism and other disabilities. We aim
to create a traditional baseball setting free of judgment with a focus on physical and social skills growth
(both on and off the baseball diamond) through the hands-on authentic experience found in all practices
and games. We deliver the Services described below to fulfill this mission.
1. Acceptance of Terms and Conditions
These Terms of Use (the “Terms”), which includes our accompanying Privacy Policy, govern your use of
our website (https://www.alternativebaseball.org/) and any mobile application or other online or offline
services we offer (collectively, the “Services”). You agree to adhere to our Terms whether accessing the
Services via computer, mobile device, in person or otherwise, including any electronic content,
functionality, features, applications and User Content (collectively, “Materials”) offered on or through
the Services to you. Your right to access or use the Services is terminated if you decline or violate these
Terms.
We may revise the information on the Services or otherwise change or update the Services, including
these Terms. If we make changes to these Terms, we will post notice of the modifications to the Terms
on this page, at which time the changes will become effective. We may also make improvements or
changes to the Services, add new features, or terminate the Services at any time without notice, and we
may also, in our sole discretion restrict, suspend, or terminate access to all or any part of the Services at
any time, for any or no reason, with or without prior notice, and without liability. Continued use of the
Services will signify your consent to the updated Terms; if you do not agree to the Terms as modified
you must discontinue use of the Services.
Please see Sections 11 - 13 below regarding your legal rights in any dispute involving our Services.
2. Your Responsibilities
We may offer visitors an ability to create and use an account to access certain portions of the Services
(an “Account”). In creating an Account, you must provide complete and accurate information about
yourself. You may not impersonate someone else, provide an invalid email address or an email address
other than your own, or create multiple Accounts. You may not sell, transfer, license, or assign your
credentials, Account, or any account rights. With the exception of individuals or businesses that are
expressly authorized to create accounts on behalf of others, we prohibit the creation of and you agree
that you will not create an Account for anyone other than yourself. You agree that we are not
responsible or liable for the conduct of any user. You are responsible for any information or materials
that you post or share with us through the Services. You must notify us immediately of any unauthorized
use of your Account by emailing us as directed in the Contact section below.
3. Prohibited Actions
You agree not to: (i) decompile, reverse engineer, disassemble, modify, reduce the Services to human
readable form or create derivative works based upon the Services or any part thereof; (ii) disable any
licensing or control features of the Services; (iii) introduce into the Services any virus or other code or
routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or
retrieve or record information about the Services or its users; (iv) merge the Services or Materials with
another program or create derivative works based on the Services or Materials; (v) remove, obscure, or
alter any notice of the copyright or other proprietary legends on the Services or Materials; (vi)
sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer
the Materials or access to the Services to others; (vii) use, or allow the use of, the Services or the
Materials in violation of any applicable laws or regulations; (viii) otherwise act in a fraudulent, illegal,
misleading, malicious or negligent manner when using the Services; (ix) post violent, defamatory,
indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or
other content, including any posts intended for defaming, stalking, bullying, abusing, harassing,
threatening, impersonating, harming, impersonating or intimidating people or entities; or (x) create,
solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments, or
communications, including advertising or promotional material, without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You may not access or
use the Services by means of any automated program, expert system, electronic agent, or “bot,” and
shall not give any other person or entity unauthorized access to the Services. You are prohibited from
“scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do
so for commercial purposes. We may pursue legal action and / or report to law enforcement for any
violations of this Section 3 (Prohibited Actions).
4. Financial Transactions
You acknowledge that, should you decide to make donations or purchases through our Services, you will
be using certain services provided by a third-party, and agree to be bound by its terms and conditions,
as applicable. Furthermore, we hereby incorporate our Charitable Solicitation Notice and Disclosure
Statements by reference.
5. User Content
Please exercise caution, good sense, and sound judgment in using the Services. You are responsible for
any material and information that you provide to us through the Services, including information, ideas,
suggestions, and other materials that you post, submit, publish, display, or transmit (“User Content”).
You agree, represent, and warrant that any User Content that you provide to us is truthful, accurate, not
misleading, and offered in good faith, and that you have the right to transmit such User Content. ABO
does not want you to, and you should not, send any confidential or proprietary User Content to us
through the Services unless specifically requested. We do not guarantee any confidentiality with respect
to your User Content.
Except as may be otherwise agreed-upon between you and us in writing, by submitting User Content
through the Services, you grant us (or warrant that the owner of such User Content has granted to us) a
non-exclusive fully-paid and royalty-free, transferable, sub-licensable, perpetual, irrevocable, and
unrestricted worldwide right and license: (i) to use, reproduce, display, modify, adapt, publish, translate,
transmit and distribute or otherwise disclosure to others such User Content (in whole or in part and for
any purpose); and (ii) subject to our Privacy Policy, use your name, or screen name, and biographical
information as news or information in any and all media and for advertising or promotional purposes, in
connection with your User Content or with any photographic, audio, or audio / video Materials we
develop. You also agree that we are free to use any feedback, ideas, concepts, know-how, or techniques
that you provide to us for any purpose and you waive all rights therein.
PLEASE DO NOT SEND US ANY IDEAS OR INFORMATION THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO
RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE.
You represent and warrant that: (i) all of your User Content complies with these Terms; (ii) you own or
control all necessary rights to the User Content provided by you through the Services; (iii) you will pay
for all royalties, fees, and any other monies owed in connection with User Content you provided through
the Services; (iv) you understand and acknowledge that you are responsible for any User Content that
you submit or contribute, and you, not ABO, have full responsibility for it, including its legality,
reliability, accuracy, and appropriateness; and (v) we are not responsible or liable to any third party for
the content or accuracy of any User Content posted by you or any other user of the Services. ABO is not
a backup service and you agree that you will not rely on the Services for the purposes of storing User
Content. Except as otherwise set out in the Privacy Policy, ABO has no obligation to retain or provide
you with copies of your User Content. Furthermore, ABO will not be liable to you or third-party
beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User
Content.
6. Privacy
Personal information collected by us in connection with the Services will be maintained in accordance
with our posted Privacy Policy, which is incorporated herein by reference.
7. Reporting Copyright Infringement and Other Violations with Respect to the Services
We respect the intellectual property rights of others, and we prohibit users of our Services from
submitting, uploading, posting or otherwise transmitting any materials that violate another person’s
intellectual property rights or these Terms. Please report any allegations of copyright infringement or
any other issue to us via the contact information provided at the end of these Terms.
8. Our Intellectual Property Rights
ABO (with its licensors) own all Materials available through the Services, including visual interfaces,
interactive features, graphics, scripts, photo, sounds, music, videos, design, compilation, computer code,
products, software, text, and all other elements and components of the Services, excluding User
Content. ABO (with its licensors) own the copyrights, trademarks, service marks, trade names, and
other intellectual and proprietary rights throughout the world associated with the Services, which are
protected by applicable intellectual and proprietary rights and laws. You may not modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the
Materials in whole or in part except as expressly authorized by us or the applicable licensor. Except as
expressly and unambiguously provided herein, we do not grant you any express or implied rights.
Subject to your acceptance of, and compliance with, these Terms, you are hereby granted a limited,
non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services and
Materials for lawful purposes in accordance with these Terms, our Privacy Policy, and any other
applicable agreement between you and ABO. When using these Services and Materials, you must: (i)
keep intact all copyright and other proprietary notices; (ii) use them pursuant to any licenses associated
with them (iii) not copy or post them on any networked computer or broadcast them in any media,
except to reference them through social media or by email (although we may revoke such permission at
any time); (iv) make no modifications to them; and (v) not make any additional representations or
warranties relating to them. You may not circumvent, disable, or otherwise interfere with security
related features of the Services or other features that restrict use or copying of any Materials.
Except as provided above, you may not use our name nor any misspelling or typographical variation of
any ABO trademark, trade dress, or other ABO branded elements, whether alone or in conjunction with
any other word or phrase, trademarks, or service marks in any manner (including use in any metatags or
any other “hidden text”) without our prior written consent. Any violation of the foregoing will terminate
the permission and license granted by us to access and make use of the Services.
9. Links to Non-ABO Sites
We may provide on the Services, solely as a convenience to users, links to websites operated by other
entities. If you visit any linked website, then you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive elements. We do not make
any warranty or representation regarding, or endorse or otherwise sponsor, any linked website or the
information appearing thereon or any of the products or services described thereon. Links do not imply
that ABO is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in
or accessible through the links; or that any linked website is authorized to use any trademark, trade
name, logo, or copyright symbol of ABO. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITE AND
RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND
RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE
APPLICABLE TO SUCH SITES AND RESOURCES.
10. Social Media
We may maintain a presence on social media platforms such as Facebook, Instagram, and Twitter,
(collectively, “Social Media Platforms”) to provide a place for people to learn more about ABO and to
share experiences with our Services. All comments, visuals, and other materials posted by visitors to our
Social Media Platforms do not necessarily reflect the opinions or ideas of ABO. All use of the Social
Media Platforms must comply with the respective Social Media Platform’s terms of use. We may review
some but not all postings to our accounts on Social Media Platforms, and we may remove postings in
our discretion, such as when we determine they are inappropriate or offensive.
11. Disclaimer of Warranties; Limitation of Liability
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SERVICES, OR ANY WEBSITES LINKED TO OR FROM THE SERVICES, ARE PROVIDED “AS IS”
AND “AS AVAILABLE” FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE AND THE
OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS
SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties,
some of these exclusions may not apply to you.
ABO AND ITS SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, AND AGENTS (COLLECTIVELY,
“RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THE SERVICES, THEIR MATERIALS OR LINKS, INCLUDING BUT NOT
LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL
ALSO NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR
CONDUCT OF ANY USER OR OTHER THIRD PARTY.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE, OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE
SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT
POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT
POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES
WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
The provisions in these Terms are intended to be only as broad and inclusive as is permitted by
applicable law. We reserve all rights, defenses, and permissible limitations under applicable law.
12. Indemnification
You agree that you will be responsible for any damages resulting from your violation of these Terms.
You further agree to indemnify and hold ABO, and its owners, affiliates, officers, directors, agents and
employees, contributors, and partners harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your
activities in connection with the Services, including any violation of any law or the rights of any third
party that occurs in connection with your use of the Services; or (iii) User Content or other information
that you provided to ABO through the services.
13. Jurisdictional Issues; Governing Law; Arbitration and Class Action Waiver
You agree that the laws of the State of Georgia and the United States of America will govern any dispute
in connection with the Services, including with these Terms. Excluding claims for injunctive or other
equitable relief, for claims related to the Services or any dispute or controversy arising out of or relating
to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract,
statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application
or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the
JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. The arbitration shall take place
in the State of Georgia or at the option of the party seeking relief, online, by telephone, online, or via
written submissions alone, and be administered by JAMS. The decision of the arbitrator will be final and
binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any
court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking
immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be
deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties
undertake to keep confidential all awards in their arbitration, together with all confidential information,
all materials in the proceedings created for the purpose of the arbitration and all other documents
produced by the other party in the proceedings and not otherwise in the public domain, save and to the
extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to
enforce or challenge an award in legal proceedings before a court or other judicial authority. You also
agree that in the event of any action to enforce or interpret these Terms, the prevailing party shall be
entitled to collect its reasonable attorney fees.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE
HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless
both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or
otherwise preside over any form of a representative or class proceeding.
14. Services Controlled from the United States
The Services are controlled and operated by ABO from our offices within the United States of America.
We make no representation that the Materials or Services are appropriate, lawful, or available for use in
other locations. Those who access the Services from other locations do so on their own initiative and are
responsible for compliance with local laws.
15. Entire Agreement; Severability
You acknowledge that you have read and understood and agree to be bound by these Terms. You
further agree that these Terms (including our posted Privacy Policy) constitute the complete and
exclusive statement of the agreement between you and ABO relating to this subject matter, and
supersedes all prior agreements oral or written, and any other communications relating to the subject
matter of these Terms. In the event that a court or other decision maker of competent jurisdiction finds
any portion of these Terms unenforceable, that portion shall not be effective and the remainder of the
agreement shall remain effective.
16. Miscellaneous
ABO and you are independent entities, and nothing in these Terms, or via use of the Services, will create
any partnership, joint venture, agency, franchise, sales representative, or employment relationship
between ABO and you. Any rights and licenses granted under these Terms may not be transferred or
assigned by you, but may be assigned by ABO without restriction. The failure of ABO to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The
section titles in these Terms are for convenience only and have no legal or contractual effect.
17. Contact Information
If you have questions about our Services or these Terms, please contact us by email to
info@alternativebaseball.org or by phone to 770.313.1762.
These Terms were last updated on January 15, 2021.