Ballparkpreps.com

Welcome to Ballpark Preps, a recruiting utility that connects high school baseball players with college baseball coaches. The Ballpark Preps service and network (collectively, 'Ballpark Preps', the 'Site', or the 'Service') are operated by JAMM Systems, LLC (the 'Company'). By accessing or using our website at www.ballparkpreps.com, you (the 'User') indicate that you have read, understand, and agree to be bound by these Terms of Use ('Terms of Use' or 'Agreement'), whether or not you are a registered member of Ballpark Preps. The Company reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If the Company does this, we will post the changes to these Terms of Use on this page and will denote at the top of this page the date these Terms of Use were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY.

Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are high school baseball players or college baseball coaches. Users must be thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under 13 years of age, or by anyone who is not a high school baseball player or a college baseball coach, is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and affirm that you are 13 years of age or older, and you are either a high school baseball player or a college baseball coach. By using the Site, you agree to and to abide by this Agreement.

Payment and Refund

A valid credit card is required for purchasing subscriptions for the Service. You hereby authorize Company and/or its payment processor to charge all amounts owed as a result of your use of the Site and/or the Service to the credit card you provide to Company. YOU REPRESENT AND WARRANT THAT (A) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT, AND COMPLETE, (B) PAYMENTS MADE BY YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (C) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH YOUR USE OF THE SITE AND/OR THE SERVICE. Company will charge you an annual subscription fee for your Account. The subscription fee is non-refundable. There will be no refunds or credits for partial months or years of service, or refunds made should you not use the Service during a period of time when you account is open. All fees are exclusive of all taxes and/or duties imposed by governing authorities. You are solely responsible for payment of all such taxes and/or duties.

Renewal, Cancellation, and Termination

You are solely responsible for renewing you Account. You may renew your Account at any time by clicking the 'Renew Account' link from within your control panel. All of your Content will be deleted from the Site and the Service upon failure to renew your Account. Your Content cannot be retrieved once your Account is cancelled. If you do not renew your Account before the end of your currently paid annual term, your cancellation will take effect immediately and you will not be charged for the next year.

Company, in its sole discretion, reserves the right to suspend or terminate your Account and any or all current and/or future use of the Site and/or the Service, effective upon sending notice to you at the email address you provide in your registration. Such suspension or termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the relinquishment and forfeiture of all Content in your Account. Company reserves the right to refuse the Service to anyone at any time for any reason.

Service and Fee Modifications

Company reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Company also reserves the right to change annual fees upon thirty (30) days notice from us. Notifications of annual fee changes will be posted to the Site or the Service and/or sent to you at the email address you provide in your registration.

Registration Data and Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ('Registration Data'); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content and Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, and other files, and their selection and arrangement (the 'Site Content'), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, or institutional (in the case of college coaches), provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such authorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing is these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

Ballpark Preps and other Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks or trade dress of Company in the United States. Company's trademarks and trade dress may not be used, including as part of trademarks and/or s part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct

You understand that the Site and the Service are available for your personal or institutional (in the case of college coaches) use only. You represent, affirm, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. In addition, you agree not to use the Site or Service to: Use the Site or Service in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; Upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, fraudulent, invasive of privacy or publicity rights, or racially, ethnically, or otherwise objectionable; Register for more than one User account or register for a User account on behalf of an individual or institution (in the case of college coaches) other than yourself or your institution (in the case of college coaches); Impersonate any person or institution, or falsely state or misrepresent yourself, your age, or your affiliation with any person or institution; Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Intimidate or harass another User; Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Use or attempt to use another User's account without authorization from the Company, or create a false identity on the Site Upload, post, transmit, share, store, or otherwise make available content that, in the sole discretion of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the profiles (including your name, image, and likeness), photos, videos, text, information (including stats, scores, and likeness), and other content that you upload, publish, or display (hereinafter, 'post') on or through the Site or the Service, or transmit to or share with other users (collectively the 'User Content'). You may not post or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove without notice any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole discretion of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the site, you automatically grant, and you represent and affirm that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting, or otherwise transmitting on the Site or Service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to Company. Please read below for more information on how to report infringement of your copyright. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. Identify the URL or other specific location on the Ballpark Preps website or service that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. Include 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. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. Include your name, mailing address, telephone number and email address.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other websites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the 'Third Party Applications, Software, or Content'). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our items and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

User Disputes

You are solely responsible for your interactions with other Site users. Company reserves the right, but has no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. Click here to view Ballpark Preps' Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Ballpark Preps, by third parties, or by any of the equipment or programming associated with or utilized in the Site of the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software, or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED 'AS-IS' AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software, and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Tennessee, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Tennessee.

Indemnity

You agree to indemnify and hold the Company and each of its officers, members, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with an User Content, Software, or Content you post or share on or through the Site, your use of the Site or the Service, your conduct in connection with the Site or the Service, or with other users of the Site or the Service, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service ('Submissions'), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise of enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed 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.