The Professional Softball Club, Inc. is the parent company of the ASBA, ASBA Futures, ASBA Shop, and ASBA Network.

These Terms and Conditions of Use (“Terms of Use”) contain disclaimers of warranties, disclaimers of liability, and a binding arbitration clause and class action waiver. Please read them carefully. These Terms of Use apply to all websites related to The Professional Softball Club, Inc. and each particular service. By using the services provided by The Professional Softball Club, Inc., you signify your agreement to these terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, please do not use the services. These Terms of Use apply to you whether you are a “Visitor” (which means that you are simply visiting a website operated by or on behalf of The Professional Softball Club, Inc.) or a “Registered Fan” (which means that you have registered with The Professional Softball Club, Inc. to participate in online activities or paid subscription services). The term “User” refers to both a Visitor and a Registered Fan. Registered Fans are also referred to simply as “Fans.” The term “Membership” refers to a Registered Fan’s account and ability to post to and participate in activities and services hosted on a website operated by or on behalf of The Professional Softball Club, Inc. If you wish to become a Registered Fan, you must read these Terms of Use and indicate your agreement with these Terms of Use and with any other instructions or requirements that may be part of a registration process.

PLEASE NOTE:

Eligibility. Membership is void where prohibited. Fans may not register with the services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the services does not violate any applicable law or regulation.  Participation in the services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content (“Participation”). Any content generated by a User involving the use of any functionality is referred to as “User-Generated Content.” Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Participation on behalf of another person and if we believe you have, The Professional Softball Club, Inc. reserves the right to remove it.

We may change these Terms of Use at any time.

We suggest that you review these Terms of Use periodically for changes. Your use of the services after the posting of changes to these Terms of Use will mean you accept the changes. Where, however any change to these Terms of Use is a material change (i.e. not one which is merely a small or technical change which does not affect you in any material way) or, in the case of the ASBA Network, we make a significant change to the basis on which the ASBA Network is made available to you (including, for Month-to-Month Recurring Subscriptions, a change in the price payable by you each month) we will notify you of the relevant change(s) by email, using the email address you provided to us at registration. Your continued use of the services after the changes come into effect (and, in the case of any paid subscription, your failure to cancel the same within the relevant notice period) will mean you accept the changes. If a material change to these Terms of Use (or to the ASBA Network itself) needs to be made more quickly for security, legal or regulatory reasons, we will give you as much notice as we are reasonably able to give you. The most up-to-date version of these Terms of Use will always be available on The Professional Softball Club, Inc. websites and when we notify you that the Terms of Use are changing we recommend that you print the latest version for your records. The Professional Softball Club, Inc. may also offer other services from time to time that are governed by different terms and conditions of use. You will be provided with a copy of such terms and conditions of use prior to you contracting to receive such services. The services are based in the United States. By using the services and/or by submitting personal information to the services, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.

Ownership and Restrictions on Use of Materials:

All materials contained on the services are the property of The Professional Softball Club, Inc. and its affiliates and/or our third party licencors. All trademarks, service marks and trade names are proprietary to The Professional Softball Club, Inc. or its affiliates. No materials from The Professional Softball Club, Inc.’s services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of The Professional Softball Club, Inc. Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from The Professional Softball Club, Inc. is in violation of applicable law and liable for infringement. Any person who uses The Professional Softball Club, Inc.’s marks or any similar marks in such a way that it dilutes the distinctive quality of The Professional Softball Club, Inc.’s marks or that creates a likelihood of confusion with The Professional Softball Club. Inc.’s marks for commercial purposes without The Professional Softball Club, Inc.’s permission on goods or for services is liable for infringement. If you download software or applications from the services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by The Professional Softball Club, Inc. or our third party licencors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises, of the services, including but not limited to ASBA Network, and/or Software, is strictly prohibited. We do not transfer title to the Software to you, and The Professional Softball Club, Inc. (or our third party licencors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form. If you have any questions regarding this notice, please email info@prosbclub.com.

Registration and Payment for ASBA Network:

Registration Process. By registering for a subscription to ASBA Network, you warrant that (1) you are at least 18 years of age or the age of majority, where older under local law, (2) all information you provided during the registration process is true and accurate, (3) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the services, (4) you are the cardholder of any credit or debit you provide to us, or the account holder of any PayPal account you provide to us and (5) you will provide us with a current, valid and accepted method of payment, currently credit card, debit card or PayPal account throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information.  You are responsible for all charges incurred during your use of ASBA Network and the related services, including any charges incurred on your account by other parties. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A SUBSCRIPTION TO THE ASBA NETWORK IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION.

Month-to-Month Recurring Subscription.

All subscriptions are on a month-to-month recurring basis, beginning on the date we confirm that we have accepted your order for the ASBA Network and continuing for recurring one (1) month periods from the date on which you make your first payment for your subscription to ASBA Network unless and until you cancel your membership or we terminate it (in each case in accordance with these Terms of Use). If you purchase a Month-to-Month Recurring Subscription, then each month of your subscription beginning on the date on which your first payment is payable to us, we will charge your payment method and you authorize us to collect the applicable subscription payment and applicable taxes. You can cancel your subscription at any time, but you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month’s subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.

Promotional Offers.

We may offer special promotional plans or memberships with unique terms and conditions (“Promotional Subscriptions”). These Terms of Use apply to all Promotional Subscriptions and any different terms from those described here will be disclosed at your sign-up or in other communications made available to you. If we ask for your payment method for a Promotional Subscription, unless expressly stated otherwise, Promotional Subscriptions will automatically convert to a paid Month-to-Month Recurring Subscription (unless you cancel the service before the Promotional Subscription ends). Upon the expiration of your Promotional Subscription your payment method will be processed, subject to all Terms of Use, including any automatic renewal and/or recurring subscription terms detailed above.  It is very important to understand that you will not receive a notice from us that your Promotional Subscription has ended or that your Month-to-Month Recurring Subscription has begun.  We reserve the right to determine in our absolute discretion your Promotional Subscription eligibility and to modify, terminate or otherwise amend our Promotional Subscription offers.

Free Trials.

Access to ASBA Network may be made available to you for free for a limited time (a “Trial Subscription”). Trial Subscriptions are for new and certain former subscribers only. The Professional Softball Club, Inc. reserves the right, in its absolute discretion, to determine your Trial Subscription eligibility. All of the Terms of Use apply to Trial Subscriptions and such Trial Subscription does not decrease the minimum subscription commitments of a paid subscription (accordingly, by way of example, if your Trial Subscription is for 14 days and upon expiry of that period it then, in accordance with the relevant promotion (and these Terms of Use), converts to a paid Month-to-Month Recurring Subscription, your minimum paid subscription period would be one month from the date on which your paid subscription started (and not one month from the date on which your Trial Subscription started)). If you register for a Trial Subscription, please carefully review the conditions of the Trial Subscription. In some cases, users agree to subscribe to ASBA Network on a paid basis at the end of their Trial Subscription, unless they cancel the service before the Trial Subscription ends. If we ask for your payment method for a Trial Subscription and you do not affirmatively cancel the service before your Trial Subscription ends, then your payment method will be processed and your subscription will be converted into a paid subscription, subject to all Terms of Use, including any automatic renewal and/or recurring subscription terms detailed above. Your paid subscription will be treated as starting on the date on which your Trial Subscription was converted to a paid subscription.  It is very important to understand that you will not receive a notice from us that your Trial Subscription has ended or that your paid subscription has begun.  IF YOU DO NOT WANT YOUR TRIAL SUBSCRIPTION CONVERTED INTO A PAID SUBSCRIPTION, YOU MUST CANCEL YOUR SERVICE BEFORE THE END OF YOUR TRIAL SUBSCRIPTION.

Discontinuation of ASBA Network.

If we discontinue the ASBA Network service, then we (i) will notify you by email, at the email address you provide to us during registration,(ii) may provide you with information about similar or new services, and (iii) reserve the right to cancel the applicable service. For Month-to-Month Recurring Subscriptions, we will not take payment from you for the month in which the discontinuation is effective (or thereafter).

Billing Information.

Should you register for a Month-to-Month Subscription, we automatically bill your payment method each month, on the calendar day corresponding to the commencement of your paid subscription (which will be set out on the page of The Professional Softball Club, Inc.’s website on which you made your order (and which may be later than the date on which we confirm acceptance of your order)). For security purposes, your billing services may be provided by a third party and payments for ASBA Network may appear on a user’s bill as being charged to another related vendor we use for this purpose. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment collection, as applicable, against your payment method.

Sales / Use Taxes.

The Professional Softball Club, Inc. may be required to collect sales or use tax for certain purchases, including for the purchase ofASBA Network subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if The Professional Softball Club, Inc. is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region.  The purchaser may be responsible for any taxes not collected by The Professional Softball Club, Inc. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax.  For details, see the website of the applicable taxing authority.  If The Professional Softball Club, Inc. collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase. KENTUCKY: The Professional Softball Club, Inc. is not required to and does not collect Kentucky sales or use tax. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. OKLAHOMA:  The Professional Softball Club, Inc. is not required to and does not collect Oklahoma sales or use tax.  The State of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed and to pay tax on those purchases unless exempt under Oklahoma law.  The tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1].

Cancellation/Refund Policy.

You may only cancel your subscription to ASBA Network in accordance with these Terms of Use. Cancellations will only be effective at the end of each subscription period. Except only as otherwise expressly set out in these Terms of Use, SUBSCRIPTION FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, PARTIAL REFUNDS OR CREDITS FOR SUBSCRIPTIONS OR PARTIAL SUBSCRIPTION PERIODS. This means that you will have continued access to ASBA Network for the remainder of the current subscription period and will not receive a refund. ASBA NETWORK SUBSCRIBERS IN UK AND IRELAND ONLY: If you are a subscriber to the ASBA Network in the UK or Ireland, the cancellation/refund policy applies as set out in the above paragraph. However, please note, in addition, that you have a legal right to cancel your subscription and receive a full refund (if we have taken any payments) at any time during the period commencing from the time at which we accept your order for the ASBA Network and ending at the end of the 14th full day after the date on which we accepted your order (“Cooling-Off Period”) (unless you have agreed at the point of activating your subscription that you have lost the right to withdraw). Please note that if you have benefited from a Trial Subscription, the Cooling-Off Period itself will expire at the end of the 14th full day after the date on which your Trial Subscription started (however long the Trial Subscription period is). For the avoidance of doubt, however, if your Trial Subscription period is longer than the Cooling-Off Period, your right to cancel without incurring any charges would continue for the remainder of the Trial Subscription period (subject to and in accordance with the terms of the relevant Trial Subscription). If you have a Month-to-Month Recurring Subscription, you may cancel it without cause at any time, but PLEASE BE AWARE THAT ANY CANCELLATIONS MADE IN THIS WAY AFTER EXPIRY OF THE COOLING-OFF PERIOD WILL ONLY BE EFFECTIVE AT THE END OF THE RELEVANT SUBSCRIPTION MONTH IN WHICH THE CANCELLATION IS MADE.  This means that if you cancel for convenience after the Cooling-Off Period, you will have continued access to ASBA Network for the remainder of the then current subscription month and will not receive a refund.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

System Requirements.

ASBA Network is a streaming service, subject to content availability, device limitations and bandwidth. ASBA content is streamed over the internet, not downloaded, so you must be connected to the Internet in order to view video content.

Access to Services.

Access to ASBA Network is subject to approval of your payment method information and verification of other information you submit to us or that is otherwise provided to us. Accordingly, if your payment (flat fee or monthly) cannot be processed for any reason, including because your payment method is no longer valid, we may terminate your access to the ASBA Network immediately. Although your ASBA Network subscription is accessible on a number of devices, your use is limited to one (1) ASBA Network stream on one (1) device at any given time.  IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY OF THE USE RESTRICTIONS IN THESE TERMS, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION.  SHARING OF LOGIN INFORMATION, INCLUDING PASSWORDS, IS STRICTLY FORBIDDEN.

Security.

The Professional Softball Club, Inc. takes the security of your personal information seriously. We take reasonable and appropriate steps to protect the security and integrity of your personal information, but please be aware that no solution for online and mobile security can be 100% effective. To the extent we collect payment information and/or shipping or billing information from you through services, we provide your payment information and billing and shipping information to service providers that help us to process and ship the goods or provide the services you purchase through our websites. Those vendors are solely responsible for how they use that information and any other information they independently acquire from you or about you. For more information on how The Professional Softball Club, Inc. and our service providers and affiliates use and protect the personal information and payment information you may provide through this web site, please review our Privacy Policy. To protect the security of your payment information in transmission, we employ reasonable technological measures including, where appropriate, Transport Layer Security technology (formerly referred to as secure socket layer technology (SSL) technology). When appropriate, we also may encrypt your payment information when we store your order and whenever we transfer that information to participating vendors or take other appropriate steps to protect the security of your personal information. Please keep in mind that whenever you provide personal information online – for example, via message boards or chat – that information can be collected and used by people you don’t know. While The Professional Softball Club, Inc. strives to protect your personal information, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use the services to collect personal information about other persons or in any other manner that is inconsistent with another person’s privacy or personal data protection rights. When you register as a Fan or when you register for certain services, you will also be asked to choose a username, password or other identification information intended to restrict access to participation and to otherwise protect your membership from unauthorized access. You are entirely responsible for maintaining the confidentiality of your password and other identification information. You agree not to use the account, username, password or other identification information of another Fan at any time or to disclose your identification information to any third party. You agree to notify The Professional Softball Club, Inc. immediately if you suspect any unauthorized use of your account or access to your identification information. You are solely responsible for any and all use of your account. For the protection of Fans, The Professional Softball Club, Inc. reserves the right to require or install revised account access procedures or applications at any time even though this may temporarily block access to certain parts of the services.

Monitoring of Services:

The Professional Softball Club, Inc. expressly reserves the right to monitor any and all uses of services. However, The Professional Softball Club, Inc. is under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so.  We assume no responsibility or liability arising from or relating to the content of any transmissions by third parties to or through services or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third parties to or through any location on the services. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms of Use, or any other term or condition of use posted on the services. Please note that we will release your personal or payment information if required to do so by law, or by search warrant, subpoena or court order or other legal process. The Professional Softball Club, Inc. may also disclose your personal or payment information if we have a good faith belief that such disclosure is reasonably necessary to detect or prevent fraud and to protect the rights, property, health or personal safety of The Professional Softball Club, Inc., employees, our third party licencors, customers or the public.  We may also disclose your personal or payment information if you or your legal representative authorizes us to do so or if necessary to perform credit checks or collect or report debts owed to us.  Please see the Privacy Policy for more information about the circumstances under which we might release your personal or payment information.

Submissions:

At times, The Professional Softball Club, Inc. may solicit from Visitors information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork or other materials. Of course, Visitors have the ability to submit information of this type to us at any time even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this or any other affiliated website, is referred to as “Submissions”. By submitting any Submission, whether solicited by us or not, you are automatically granting The Professional Softball Club, Inc. an ownership right and a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise utilize such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”). This grant of Rights means that all Submissions will be owned by The Professional Softball Club, Inc. and may be used for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of The Professional Softball Club, Inc. The Professional Softball Club, Inc. also has the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future products or programs. In submitting a Submission to us, you represent that you have no reasonable basis to believe that the use of any such Submission by us would infringe upon the rights of any third-party.

Third Party Content:

Please exercise discretion while browsing the Internet or using our services. You should be aware that while using the services you could be directed to other web sites by links and other features found on the services. If you click on those links or other features, you may be visiting a web site or service that is not owned or operated by The Professional Softball Club, Inc. and over which The Professional Softball Club, Inc. has no control. These other web sites or services may collect data, solicit personal information and generate cookies on your computer in a manner different from our services. These other web sites or services may also contain information that you may find inappropriate or offensive. The Professional Softball Club, Inc. is in no way responsible for the content or availability of information found on any web site or service owned by a third party that may be linked to The Professional Softball Club, Inc.’s websites by a hyperlink, whether such hyperlink is provided by The Professional Softball Club, Inc. or by a third party. By providing access to third party websites or advertisements, The Professional Softball Club, Inc. is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party websites or services linked to our services. We cannot ensure that you will be satisfied with any products or services you purchase from a third party that links to or from our services or that you purchase through third party advertising or content on the services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party websites, including third party websites or services accessible by links from our services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

Disclaimers:

THE MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The Professional Softball Club, Inc. is not responsible for and makes no warranties, express or implied, as to the User-Generated Content appearing on any affiliated website or service, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the services. You post User-Generated Content at your own risk. Although we provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the services does not necessarily reflect the opinions or policies of The Professional Softball Club, Inc. User-Generated Content may link to other websites. The Professional Softball Club, Inc. is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness.  When you access these third party sites, you do so at your own risk.

Indemnification:

To the extent we have assigned to you an account through the services or you have obtained an account by registration as a Fan, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold The Professional Softball Club, Inc. and our affiliates, officers, directors, owners, agents, information providers, licencors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROFESSIONAL SOFTBALL CLUB, INC. OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE PROFESSIONAL SOFTBALL CLUB, INC. AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE PROFESSIONAL SOFTBALL CLUB, INC., IF ANY, FOR ACCESSING THE SERVICES.

Commenting on Websites and Services:

The Professional Softball Club, Inc. may create opportunities for fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite team(s)/player(s). In order to maximize this opportunity for all fans, The Professional Softball Club, Inc. requires that fans agree to the following terms when they participate in commenting on affiliated websites.

Post only appropriate content:

What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a website operated by The Professional Softball Club, Inc. We reserve the right to investigate and take appropriate legal action against anyone who, in The Professional Softball Club, Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content and terminating the registration of such violators. Prohibited content includes, but is not limited to, content that: harasses or advocates violence or harassment of another person; publicly posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under the age of 18; promotes any criminal activity or enterprise; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities or sales or contests or advertising, without The Professional Softball Club, Inc.’s prior written consent; includes a photograph or video of another person that you have posted without that person’s consent; and imitates or purports to be a posting to a website by someone other than the person actually posting.

Report Inappropriate Content

Help The Professional Softball Club, Inc. remove content that doesn’t belong here. If you become aware of misuse of a website operated by or on behalf of The Professional Softball Club, Inc. by any person, you agree to report the abuse by emailing info@prosbclub.com. After the fan community identifies questionable content through this website reporting tool, the content will be automatically reviewed, and The Professional Softball Club, Inc. may exercise its discretion to either further review or permanently remove the offending content or conduct and to warn or, as appropriate, to bar from being Registered Fans those transmitting such content or engaging in such conduct. We need all Users to report suspicious persons and inappropriate content they encounter on any part of our websites. And we strongly encourage Users under the age of 18 to talk to their parents or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way.

Keep your Guard Up!

You agree to choose carefully the User-Generated Content you post on or through the services and that you provide to other Users.  Although the services may not include any form of prohibited content some information, materials, products or services submitted to the services by other Fans may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and The Professional Softball Club, Inc. assumes no responsibility or liability for such material. Remember that although the use of screen names by Fans is not a violation of the Terms of Use, people are not always who they say they are. You should always be careful when communicating with people you do not know in the real world. And it is always risky to meet anyone in person whom you don’t know through real world friends. Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number. You are solely responsible for your interactions with other Fans. The Professional Softball Club, Inc. reserves the right, but has no obligation, to become involved in any way with disputes between you and other Fans. The Professional Softball Club, Inc. cannot guarantee that any participation or User-Generated Content on was actually created by the individual or entity claiming authorship.

Abide by All Laws.

You agree to use the services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the services without express written permission from The Professional Softball Club, Inc. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the services; use any robot, spider, scraper or other automated means to access the services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the services; insert any code or product or manipulate the content of the services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the services, including any software viruses or any other computer code, files or programs. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Professional Softball Club, Inc. has the right to terminate the Membership of infringes. You represent and warrant that: (i) you own the User-Generated Content posted by you on or through the services (or have the right to grant the appropriate license), and (ii) the posting of your User-Generated Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User-Generated Content posted by you on or through the services. The Professional Softball Club, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any User-Generated Content (including private messages) or to deny, restrict, suspend, or terminate your access to all or any part of any services at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Professional Softball Club, Inc. expressly reserves the right to remove profiles from the services and/or deny, restrict, suspend, or terminate your access to any services if it is determined that you have violated this Agreement or pose a threat to The Professional Softball Club, Inc. and/or its fans. The Professional Softball Club, Inc. assumes no responsibility for monitoring affiliated websites for inappropriate User-Generated Content or conduct. If at any time, The Professional Softball Club, Inc. chooses, in its sole discretion, to monitor User-Generated Content or conduct, The Professional Softball Club, Inc. nonetheless assumes no responsibility for the User-Generated Content or conduct, no obligation to modify or remove any inappropriate User-Generated Content, and no responsibility for the conduct of any Fan submitting such User-Generated Content. Illegal and/or unauthorized use of any service, including collecting usernames, and/or email addresses of fans by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any service, or employing third party promotional sites or software to promote a profile or posting on any service for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any service without notice or explanation and may result in termination of registration. The Professional Softball Club, Inc. reserves the right to take appropriate legal action for any illegal or unauthorized use of any affiliated website or any of the other services. You are solely responsible for the photos, messages, notes, text, information, music, video and other content that you upload, publish or display (hereinafter, “post”) to any service, or transmit to or share with other users. You may not post, transmit, or share content that you did not create or that you do not have permission to post. When you post content to any service, this content is considered a Submission, as described above, and The Professional Softball Club, Inc. has all of the rights and privileges described therein and elsewhere in these Terms of Use.

Jurisdictional Issues:

The services are controlled and operated by or on behalf of The Professional Softball Club, Inc. and its affiliates. We make no representation that materials or products offered on the services are appropriate or available for use in any particular location. Those who choose to access the services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the services are further subject to United States export controls. No software or products offered on the services may be downloaded, shipped or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the software offered on the services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination:

We may terminate your access to the services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the services. Upon termination of your use of the services, you must cease use of the services and destroy all materials obtained from the services and all copies of such materials. The Professional Softball Club, Inc. may terminate your status as a Registered Fan, delete any participation or any posting to any website or other service at any time, for any or no reason, with or without prior notice or explanation, without liability, and these Terms of Use will remain in effect. If you have any problems with the services or your use of the services or with these Terms of Use, your sole and exclusive remedy is to cease using the services. In addition, for Month-to-Month Recurring Subscriptions, in addition to our rights to terminate your subscription in the circumstances set out above, we may also cancel your subscription by notice to you at any time (without cause and without liability) provided that any such termination shall not take effect until the end of the then current subscription month (and we will not take any payment from you in respect of the subsequent month (or thereafter)).

Arbitration of Disputes; Class Action Waiver:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. By using the services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. With respect to any and all disputes and claims arising out of or relating in any way to these Terms of Use or the services (including without limitation the Privacy Policy), The Professional Softball Club, Inc. and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and The Professional Softball Club, Inc. do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted by binding arbitration under the U.S. Federal Arbitration Act and federal arbitration laws, except as provided in this section. Compared to lawsuits in court, arbitration is less formal.  In arbitration, a neutral arbitrator is used instead of a judge or jury, and court review of the arbitration award is limited.  An arbitrator has the ability to award the same relief and damages as a court. As the sole exception to this arbitration requirement, a User may pursue a claim in small claims court provided such claim is within that court’s jurisdiction and provided that the User proceeds only on an individual basis. If you choose to commence arbitration or file a small claim court action, you must first send a written notice to The Professional Softball Club, Inc. by certified mail requesting arbitration or a small claim court action and describing your claim (“Notice”). Regardless of which party sends the Notice, it should describe the basis of the claim and set forth the specific relief sought. For more information on where to address this letter, email info@prosbclub.com. If The Professional Softball Club, Inc. initiates arbitration, it will send a written Notice to the email address of the User used for access to the services.  If you and The Professional Softball Club, Inc. do not reach an agreed upon resolution within 30 days of receiving notice, you or The Professional Softball Club, Inc. have the right to begin an arbitration proceeding or file a claim in small claims court. For timeliness purposes, you and The Professional Softball Club, Inc. agree to begin any arbitration or claim in small claims court within one year after a claim arises; otherwise, the claim is waived. You and The Professional Softball Club, Inc. also agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor The Professional Softball Club, Inc. will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings. We both also expressly waive the right to a trial by jury. To the extent arbitration is not applicable, you and The Professional Softball Club, Inc. agree to submit to the exclusive jurisdiction of the state and federal courts (as applicable) located in the State of New Jersey. You agree that The Professional Softball Club, Inc. may bring suit in a court of competent jurisdiction in New Jersey to enjoin infringement or other misuse of intellectual property rights.

General Provisions:

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of the services. The failure of The Professional Softball Club, Inc. to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Digital Millennium Copyright Act:

If you believe your work has been copied and posted on or through these services in a way that constitutes copyright infringement, please send a notification of claimed infringement to info@prosbclub.com with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address and telephone number; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your electronic signature. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringes. We may also at our sole discretion limit access to the services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Mobile Services:

The Professional Softball Club, Inc. may make certain features of the services available via your mobile phone. In addition to any charges disclosed to you by The Professional Softball Club, Inc., your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the product or feature provided by The Professional Softball Club, Inc. or an affiliate, you agree that The Professional Softball Club, Inc. may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.