CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT
YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS , DO NOT USE
THIS WEB SITE. GOINGTOBAT RESERVES THE RIGHT TO REVISE, AMEND OR MODIFY
THESE TERMS AND OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY
MANNER BY UPDATING THIS POSTING. You should visit this page from time
to time to review the then-current Terms because they are binding on you.
Certain provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages at this Site.
Use of Site.
Going To Bat Foundation, Inc. ("GoingToBat") authorizes you
to access, view and download the text, graphics, images, documents and
other materials ("Content") contained in or made available through
this Website ("Site") only for your personal, non-commercial
use. You must retain all copyright and other proprietary notices contained
in the original Content. You may not modify the Content at this Site in
any way or reproduce or publicly display, perform, or distribute or otherwise
use them for any public or commercial purpose. For purposes of these Terms,
any use of the Content on any other Website or networked computer environment
for any purpose is prohibited. The Content at this Site is copyrighted
and any unauthorized use of any Content at this Site may violate copyright,
trademark, and other laws. No title to nor ownership of any Content is
transferred to you. All rights not expressly granted by GoingToBat to
you are retained by us. You are responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of the Site and all related charges.
Restrictions on Use.
This Site may only be used for lawful purposes consistent with all rights
of other parties and may not be used to violate any state, federal, or
local laws. Unlawful activities include but are not limited to storing,
distributing or transmitting any threatening, libelous, defamatory, obscene,
or pornographic or any other content (by email, uploading, posting, or
otherwise) in violation of privacy rights or copyright or trademark rights,
or attempting to compromise the security of this Site or any networked
account. You are expressly prohibited from violating or attempting to
violate the security of this Site, including, without limitation, (a)
accessing data not intended for you or logging into a server or account
which you are not authorized to access, (b) attempting to probe, scan,
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization, or (c) attempting
to interfere with service to any other user, host, or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding", "spamming", "mailbombing", or
"crashing". Violations of system or network security may result
in civil or criminal liability. GoingToBat may investigate occurrences
which involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting those who are involved in such
violations. GoingToBat requests that anyone who believes that there is
a violation of these Terms direct the information to firstname.lastname@example.org
You may terminate your User Account at any time and for any reason by
providing notice of such intent to terminate to GoingToBat at email@example.com.
GoingToBat may terminate your User Account or your use of this Site immediately
with prior notice if GoingToBat, in its sole discretion believes you have
violated these Terms, or any of the applicable user policies. Upon any
termination of your User Account, you must immediately stop accessing
and destroy any Content downloaded or printed from this Site. Except as
otherwise expressly provided herein, all sections of these Terms which
by their nature should survive termination will survive termination, including,
without limitation, the sections pertaining to proprietary rights, warranty
disclaimers, indemnification and limitations of liability.
Third Party Software.
You may be able to download third party software ("Third Party Software")
from this Site. If you download Third Party Software from this Site, use
of the Third Party Software is subject to the license terms associated
with such Third Party Software in the applicable end user software license
agreement(s) that accompanies or is provided with such Third Party Software
("End User Software License Agreement"). You may not download
or install the Third Party Software until you have read and accepted the
terms of the End User Software License Agreement.
You will be given a user name and password ("User Account").
You are also solely responsible for any and all activities that occur
under your User Account and ensuring that you exit or log-off from your
User Account at the end of each session of use. You will notify GoingToBat
immediately of any unauthorized use of your password or User Account.
Although, GoingToBat has taken what it considers to be reasonable and
customary security precautions and measures to safeguard your User Account
information we cannot and do not guarantee the effectiveness of our security
measures or the safety of your User Account information sent to or from
this Site over the Internet.
User Communications and Submissions.
Any content, information or other communication you transmit or post through
this Site will be considered non-confidential and non-proprietary ("Communications").
GoingToBat will have no obligations with respect to the Communications.
GoingToBat and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data, images,
sounds, text, and other things embodied therein for any and all commercial
or non-commercial purposes. GoingToBat will own all right, title and interest,
including all related intellectual property rights, to any suggestions,
ideas, feedback, recommendations, or other information provided by you
relating to the Site ("Submissions") and if required, you agree
to assign such Submissions to GoingToBat free of charge. GoingToBat may
use such Submissions as it deems appropriate in its sole discretion.
GoingToBat may, but is not obligated to, monitor or
review any areas on the Site where users transmit or post Communications
or communicate solely with each other, including but not limited to chat
rooms, bulletin boards or other user forums, and the content of any such
Communications. We reserve the right to remove any Content that, in our
sole judgment, may be considered to be illegal or may violate these Terms.
GoingToBat will have no liability related to the content of any such Communications,
whether or not arising under the laws of copyright, libel, privacy, obscenity,
Links To Other Web Sites.
Links to third party Web sites ("Third Party Sites") on this
Site are provided solely as a convenience to you. If you use these links,
you will leave this Site. GoingToBat has not reviewed any of these Third
Party Sites and does not control and is not responsible for any of these
Third Party Sites or their content. GoingToBat does not endorse or make
any representations about any of these Third Party Sites, or any information,
software or other products or materials found there, or any results that
may be obtained from using such sites. If you decide to access any of
the Third Party Sites linked to this Site, you do this entirely at your
gathering and dissemination practices for this Site. As a condition to
the use of this Site, users of this Site expressly agree to the terms
to these Terms as if they were fully set forth in these Terms.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. GOINGTOBAT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY
AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT. GOINGTOBAT DOES NOT
REPRESENT OR WARRANT THAT: (I) THE USE OR OPERATION OF THE SITE WILL BE
SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (II) THE SITE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED CONTENT WILL BE ACCURATE
OR RELIABLE OR ITS INTEGRITY MAINTAINED, (IV) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS
OR DEFECTS WILL BE CORRECTED, (VI) THE SITE OR THE SERVER(S) THAT MAKE
THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOINGTOBAT
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT
ON THIS SITE. THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON
AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GOINGTOBAT.
Limitation of Liability.
IN NO EVENT WILL GOINGTOBAT, ITS OFFICERS, DIRECTORS AND EMPLOYEE OR ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB
SITES LINKED TO THIS SITE, OR THE CONTENT OR INFORMATION CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE CONTENT OR INFORMATION FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL GOINGTOBAT'S LIABILITY
EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU FOR THE SITE IN THE 12
MONTHS PRIOR TO THE ACT OR INJURY THAT GAVE RISE TO THE LIABILITY. BECAUSE
SOME STATES AND JURISDICTIONSDO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless GoingToBat, its officers,
directors and employees and its suppliers from and against any liabilities,
losses and reasonable costs and expenses (including reasonable attorney's
fees) arising out of any claims or suits by any third party connected
with or resulting from your use of this Site in any unlawful manner or
in any manner inconsistent with these Terms.
U.S. Government Restricted Rights.
Government users will receive no greater than Restricted Rights as defined
in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii)
(Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR
252.227-7018 as applicable in any Software at this Site. Government users
will secure no greater than limited rights as defined in FAR 52.227-14,
DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable
in any technical data at this Site.
This Site is administered by GoingToBat from its offices in Mission Viejo,
California. GoingToBat makes no representation that materials at this
Site are appropriate or available for use outside the United States, and
access to them from territories where their contents are illegal is prohibited.
You may not use or export or re-export the materials at this Site or any
copy or adaptation in violation of any applicable laws or regulations
including without limitation U.S. export laws and regulations. If you
choose to access this Site from outside the United States, you do so on
your own initiative and are responsible for compliance with applicable
local laws. These Terms will be governed by and construed in accordance
with the laws of the State of California, without giving effect to any
principles of conflicts of laws. You agree that any legal action or proceeding
between you and GoingToBat for any reason arising out of or relating to
these Terms or the parties' obligations hereunder shall be brought exclusively
in a court of competent jurisdiction sitting in the city of Los Angeles,
California and you submit to the jurisdiction of such court. Any cause
of action or claim you may have with respect to GoingToBat must be commenced
within one (1) year after the claim or cause of action arises.
If any provision of these terms and conditions is held invalid or unenforceable
by any court of competent jurisdiction, that holding will not invalidate
or render unenforceable any other provision of these Terms. Notwithstanding
any provision to the contrary, GoingToBat will not be liable to you for
any delay or interruption in performance of any obligation resulting from
governmental emergency orders, judicial or government action, emergency
regulations, sabotage, riots, vandalism, labor strikes or disputes, acts
of god, fires, electrical failure, major computer hardware or software
failures, equipment delivery delays, acts of third parties, or any other
cause if the delay or interruption in performance is beyond its reasonable
control. The failure of GoingToBat to exercise or enforce any right or
provision of these Terms does not constitute a waiver of such right or
provision. Except as otherwise stated above in these Terms, these Terms
may not be waived or modified except in writing. These Terms constitute
the entire agreement between you and GoingToBat and governs your use of
this Site, superceding any prior agreements between you and GoingToBat
regarding the subject matter contained in the Terms.