Terms of Use & Privacy Policy

Website Terms of Use

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These Website Terms of Use (the “Terms”) govern the use of the websites, mobile websites, web applications and other properties, including our interactive services and other services provided through such properties (collectively each a “Website”) operated by Travel Baseball of Florida LLC, a Florida Limited Liability Company, headquartered in Jacksonville, Florida (“Travel Ball of Florida”, “we”, “us”, “our”, etc.) by visitors and other users directly or indirectly accessing any Website (each a “User”, “you”, “your”, etc.). These Terms constitute a contract between you and use; please review them very carefully.

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Our Agreement 

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These Terms incorporate our Privacy Policy by reference.

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By using our Website, you confirm that you accept these Terms without modification and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. We recommend that you print a copy of these Terms for future reference.

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Please refer to our Privacy Policy for information about how we process your personal information in connection with your use of our Website.

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We may modify these Terms in whole or part, in our sole discretion, by posting amended terms to the Website. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time. Your continued use of the Website indicates your acceptance of the amended Terms, including but not limited to the charges associated with the use of the Website.

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Availability

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We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons, or for any other reason in our sole discretion.

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Your Obligations

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As a condition of your use of our Website, you warrant to us that you will:

• comply with our Acceptable Use standards set out below;

• assume personal responsibility for your contributions and submissions posted on our Website;

• be truthful, courteous, and professional in the communications you transmit on our Website; 

• fully comply with all restrictions that apply to your reproduction, dissemination or any other use of User contributions; and

• ensure that all persons who access our Website through your internet connection fully comply with these Terms.

If you notice any unlawful or prohibited use or abuse of our Website or any contribution that does not comply with our Acceptable Use standards, please notify us by email to support@travelandrecbaseball.com.

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Your User Account

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You may browse the Website without registering for an account, but to use some of our features, including to make a contribution to the Website, you will need to create an account using your email address and a password. To create an account, you must be 18 or older.

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Do not disclose your login information to any third party and, in order to improve the security of your account, we would advise that you must choose a strong password to protect your account information and change it regularly at reasonable intervals. Furthermore, you must exit from your User account at the end of each session, not allow your browser to save your login details and secure and limit access to your personal devices.

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We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if we believe you have failed to comply with any of the provisions of these Terms.

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Interactive Services 

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We may from time to time provide interactive services on our Website, including, without limitation:

• chat rooms,

• bulletin boards,

• news groups,

• forums,

• communities,

• personal web pages,

• calendars, and/or

• other message, communication or networking facilities designed to enable you to communicate with the public at large or with a group of Users; (each an “interactive service”).

Please note that all discussion posts are public and may be indexed by internet search engines. Use caution when posting a new message. Private messages to individual Users are not indexed by search engines.

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While we hope each Website provides a forum where Users can share appropriate and accurate content and information, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly disclaim and exclude any and all liability for any loss or damage arising from the use of any interactive service by a User in contravention of our Acceptable Use standards, whether the service is moderated or not.

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User Contributions

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Any and all material which you post, send, upload, transmit, or otherwise make available on, or in connection with, our Website (each a “contribution”) must comply with our Acceptable Use standards set out below.

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By posting, uploading, inputting, providing or submitting your contributions you are granting us and our Users permission to use your contributions for personal and business related purposes, including in connection with the operation of our business, and to draw attention to our Website including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your contributions

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Unless otherwise stated by the contributing User, each contribution will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any contribution provided by you constitutes a violation of their intellectual property rights, or of their right to privacy, or is defamatory. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

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You agree that we reserve and have the right to review your contributions and to remove any contribution, in whole or in part, from our Website if, in our opinion, the contribution does not comply with our Acceptable Use standards. We are not responsible for viruses, malware or the like, and you must not introduce them in your contributions. You are solely responsible for securing and backing up your contributions.

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You warrant that (i) all your contributions comply with these Terms, including our Acceptable Use standards, and (ii) you have all necessary authority, licenses and consents to provide your contributions and to grant us and our Users the license mentioned above. You will be liable to us, and you expressly agree to defend, indemnify and hold harmless us and our officers, directors, members employees, agents and representatives, for any breach of these warranties and for any action or inaction by you that results in any claim, cause of action, legal or other proceeding, brought or threatened against us. This means you will be responsible for any loss or damage that we or our officers, directors, members, employees, agents or representatives suffer as a result of your breach of your warranties and your actions and inactions as described above.

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No compensation will be paid with respect to the use of your contributions. We are under no obligation to post or use any contributions you may provide and may remove any contribution at any time and for any reason in our sole discretion.

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We do not control or endorse the content, messages or other contributions found in any interactive service and we are not responsible for any contributions or the acts of our Users. We specifically disclaim any liability with regard to your participation in any interactive service. Contributors are not our authorized spokespersons, and their views do not necessarily reflect our views.

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Acceptable Use

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The following Acceptable Use standards apply to every User:

• You may browse and search our Website for your personal or professional use, and, where enabled, you may share our content on social media with others in order to draw the attention of others in your personal or professional network to content posted on our Website.

• You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. 

If you print off, copy, download or otherwise use any part of our Website or contact any User in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

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All rights not expressly granted herein are reserved. 

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PROHIBITED USES

You may use our Website only for lawful purposes. You may not use our Website:

• in any way that breaches any applicable laws;

• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• for the purpose of harming or attempting to harm other Users in any way;

• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

• to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; and

• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, malware, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Terms;

• not to harvest or otherwise collect information about others, including e-mail addresses, without their consent;

• not to use our Website for conducting any private business or commercial activity without our prior written consent. Commercial activities include, but are not limited to, job postings, surveys, promotional announcements, product-related press releases, advertising, promoting social media groups, re-sale of content, or promoting professional associations;

• not to download any file posted by another User of an interactive service that you know, or reasonably should know, cannot be legally distributed in such manner;

• not to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

• not to create your own independently searchable database of content; 

• not to access without authority, interfere with, damage or disrupt:

• any part of our Website, any equipment or network on which our Website is stored,

• any software used in the provision of our Website; or any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

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You must comply with the spirit and the letter of the following standards which apply to each contribution or any part of it.

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Contributions must:

• be accurate (where they state facts);

• be genuinely held (where they state opinions);

• be courteous, respectful and professional in content and tone;

• comply with applicable law, including the law in any country from which they are posted;

• comply with data privacy laws and respect the data privacy rights of any individuals who are referred to in a contribution or whose personally identifiable information is included in a contribution. Please refer to our Privacy Statement for further information about PII; and

• communicate in an appropriate manner any mandatory notices or use restrictions that apply to your contributions to enable us and our Users to comply with the same.

 Contributions must not:

• contain any material which is defamatory of any person;

• contain any material which is obscene, offensive, hateful or inflammatory;

• promote sexually explicit material;

• promote violence;

• promote discrimination based on race, sex, ethnicity, religion, nationality, disability, sexual orientation, age or political affiliation;

• infringe any copyright, database right or trademark of any other person;

• be reasonably likely or intended to deceive any person;

• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• promote any illegal activity;

• be threatening, abusive or invasive of another’s privacy, or cause annoyance, inconvenience or needless anxiety to any other person;

• be likely to harass, upset, embarrass, alarm or annoy any other person;

• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

• give the impression that they originate from us, if this is not the case;

• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

• advertise or offer to sell or buy any goods or services for any business purpose, without our prior written consent;

• conduct or forward surveys, contests, pyramid schemes or chain letters; or

• be likely to restrict or inhibit any other User from using and enjoying the Website or otherwise interfere with the operation of the Website.

 

Our content

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

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The content on our Website including any User contributions is provided for general information only. It is not intended to amount to advice from us on which you should rely for general purposes or for any specific purpose. You must perform your own investigation and due diligence, conduct your own personal assessment, and/or obtain specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, up to date or appropriate for any particular purpose.

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The predominant purpose of the content on our Website is to provide a centralized source of relevant information for individuals and families with an interest in travel and/or recreational baseball or travel and/or recreational softball. You must not use any part of the content on our Website for any commercial purposes whatsoever without obtaining a license to do so from us or our licensors. For the avoidance of doubt, the use of our directory information for marketing or recruitment purposes is strictly prohibited.

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Links to Third Party Properties

Our Website may contain links or other access points to third party websites, services and resources (each a "Third Party Property"). Such Third Party Properties are not under our control and we are not responsible for the contents or availability of any Third Party Property, including without limitation any link contained in a Third Party Property, or any changes or updates to a Third Party Property. We provide links and other access to Third Party Properties to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. 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 your use of or reliance on any content, goods or services available on or through any Third Party Property. Please refer to the terms and conditions in connection with your use of any Third Party Property.

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Suspension and Termination  

We reserve the right to suspend or terminate your access to our Website and to remove any contribution at any time without notice for any reason whatsoever.

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In addition, failure to comply with our Acceptable Use standards constitutes a material breach of the Terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Website;

• immediate, temporary or permanent removal of any contributions uploaded by you to our Website;

• issue of a warning to you;

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

• further legal action against you;

• disclosure of such information to law enforcement authorities as we reasonably feel is necessary; and

• any other action we reasonably deem appropriate.

We disclaim and exclude any and all liability for actions taken in response to breaches of our Terms. 

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Liability Disclaimer

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To the maximum extent permitted by applicable law, all information, software, products, services, content and related graphics are provided on our Website "as is" without warranty or condition of any kind including without warranty about the suitability, reliability, availability, timeliness, and accuracy. To the maximum extent permitted by applicable law, we and our licensors hereby disclaim all warranties and conditions with regard to this information, software, products, services, content and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

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You agree that we and our licensors will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our Website whatsoever or any content, data, contributions or other materials made available through or in connection with our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or our licensors have been advised of the possibility of such damage or loss.

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Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

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Where applicable, the example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

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If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

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Copyright and Trademark Notices

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All content of the Website are: Copyright © 2024 by Travel Baseball of Florida LLC and/or its licensors. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

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Notices and Procedure for Making Claims of Copyright Infringement

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Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. See our DMCA Take Down Policy for Making Claims of Copyright Infringement.

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Jury Trial Waiver

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BOTH YOU AND WE VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY SUIT, CLAIM, ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) RELATED TO OR ARISING OUT OF THE TERMS, THE WEBSITE AND YOUR USE OF THE WEBSITE. NEITHER YOU NOR WE WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN OR CANNOT BE WAIVED.

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Miscellaneous

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Choice of Law. You and we agree that to the maximum extent permitted by law, the laws of the State of Florida will apply to all matters relating to these Terms, the Website, your use of the Website and any and all disputes that may arise between you and us. Consequently, these Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict provision or rule that would cause the laws of any jurisdiction other than the State of Florida to be applied.

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Jurisdiction and Venue. You and we also agree that any suit, claim, action, or other proceeding that in any way arises out of or is related to these Terms, the Website, or your use of the Website must be brought in a federal or state court located in Duval County, Florida, and you hereby consent and submit to the exclusive jurisdiction of such court(s) for the purpose of any such suit, claim, action or proceeding. You and we each hereby waive, and agree not to assert in any such suit, action or proceeding, in each case to the fullest extent permitted by law, any claim that (a) you or we are not personally subject to the jurisdiction of any such court, (b) you or we are immune from any legal process with respect to your person or your property or (c) any such suit, action or proceeding is brought in an inconvenient forum or improper venue.

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Attorney’s Fees. If we bring a suit, claim, action or other proceeding against you that in any arises out of or is related to these Terms, the Website, or your use of the Website, you agree that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and related costs and expenses.

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Our relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website.

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Nobody else has any rights under this contract. These Terms establish a contract between you and us. No other person shall have any rights to enforce any of the terms of our contract. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

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Waiver.  If we do not insist immediately that you do something you are required to do under these Terms, or refrain from doing something you are prohibited from doing under these Terms, or if we delay in taking steps against you with respect to your violation of any of these Terms, that is not a waiver on our part, and it does not mean that you do not have to do those things, or refrain from doing those things, and it will not prevent us from taking steps against you, including legal action if necessary, at a later date.

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Further, you agree that if we decide to waive (choose not to enforce) any of our rights under these Terms, it does not mean and you agree not to argue that it means, that we have waived any other right under these Terms. You also agree that any waiver by us will not constitute a continuing waiver unless we have specifically stated so in a writing signed by us and provided to you.

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Severability. If any part of this contract is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Entire Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to the Website and your use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website and your use of the Website. In entering into these Terms neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty, whether made negligently or innocently, except those expressly set out in these Terms. Nothing in this clause shall exclude or limit liability which cannot be excluded by law.

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Evidence. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Transfer of this contract. We may transfer, for any reason and in our sole discretion, our rights and obligations under these Terms to another organization or entity. We will advise you in writing if this happens.

 

DMCA Take Down Policy

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We seek to ensure all content posted is in compliance with the Digital Millennium Copyright Act (DMCA). Nonetheless, we understand that violations of the DMCA may still occur. In the event that copyrighted material is posted without the express permission of the copyright holder, we will remove such content upon the request of the copyright holder.

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A copyright holder or a person authorized to act on behalf of the copyright holder may request the removal of any infringing material by submitting a DMCA take down request.

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The DMCA take down request must provide:

1. A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed.

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. 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.

6. 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 the copyright that is allegedly infringed.

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Requests must be sent to support@travelandrecbaseball.com

 

Updated 08/24/20