Terms of Service
PLEASE NOTE: USE OF THIS SITE OR PLAYING IN THE PONCE DE LEON BASEBALL LEAGUE CONSTITUTES ACCEPTANCE OF THESE TERMS.
Ponce De Leon Baseball League, Inc., Company graphics, logos, designs, etc. are registered trademarks, in the U.S. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as 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.
2. Links and Content
We, or third parties, may produce automated search results or otherwise provide links to other World Wide Web sites or resources. We may also provide the opportunity for third parties to submit, post, transmit or otherwise make available information, data, text, photographs, sound, graphics, video, messages, reviews or other materials (“Content”) though this site. Because we either do not review and/or have no control over such sites, resources, and Content, you acknowledge and agree that we are not responsible for any Content, nor for the availability of such sites, and resources, and that we do not endorse and are not responsible nor liable for any such sites or resources, nor for any Content contained therein, and you understand that all Content is the sole responsibility of the person from whom such Content originated. You further acknowledge and agree that we are not responsible or liable, directly nor indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, site or resource.
3. Mobile Services
The Ponce De Leon Baseball League Service includes certain optional services that are available via your mobile phone, including (i) the ability to send and receive text messages/emails to Ponce De Leon Baseball, Inc. via your mobile phone and ii.) The ability to access certain Ponce De Leon Baseball features. We do not charge for these Mobile Services. However, 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 Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Ponce De Leon Baseball League, Inc. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Ponce De Leon mobile text messaging account information, with Ponce De Leon Baseball and/or any third party contractor services hired to manage our text messaging services, to ensure that your messages are not sent to the person that acquires your old number.
4. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) SERVICES AND CONTENT ON THIS SITE AS WELL AS SERVICES PROVIDED BY PONCE DE LEON BASEBALL LEAGUE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE OR OF THE LEAGUE IN GENERAL WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE, OR THAT SUCH CONTENT WILL BE ERROR FREE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PONCE DE LEON WEBSITE, OR ANY SERVICE PROVIDED FOR THROUGH THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, USE OF ANY SERVICES PROVIDED ON THIS SITE, , OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE OR DISCONTINUE PLAYING IN THE PONCE BASEBALL LEAGUE.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, OR TRANSPORTATION EXPENSES INCURRED, OR ANY OTHER DAMAGES INCURRED, ARISING FROM YOUR USE OF THE SITE OR THE PONCE DE LEON BASEBALL LEAGUE, OR ANY SERVICES CONTAINED OR REFERENCED IN THESE TERMS OR ON THE PONCE WEBSITE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, 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 PONCE FOR THE “REGISTRATION FEE” DURING THE SEASON IN WHICH SUCH OCCURRENCE IS CLAIMED, BUT IN NO CASE WILL THE PONCE’S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO REGISTRATION FEES ARE PAID TO PONCE FOR THE SERVICES PROVIDED BY PONCE ON THIS WEBSITE OR OTHERWISE, 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.
6. LIMITATION OF LIABILITY FOR INJURIES
PONCE DE LEON IS AN ADULT MENS BASEBALh2L LEAGUE. The risk of injury from many of the activities involved WHICH OCCUR WITHIN the Ponce De Leon Baseball League program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. By Registering in the Ponce De Leon Baseball League, playing in the league and/or by using this site and/or its services, you hereby acknowledge that you have read and agreed to all terms of Ponce De Leon Baseball League’s Injury Policy, which is incorporated by reference and adopted herein, into these terms.
EACH PROSPECTIVE PLAYER MUST AGREE TO THE FOLLOWING TERMS BEFORE BEING PERMITTED TO REGISTER TO PLAY IN THE LEAGUE;
- I, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I , willingly agree to comply with the stated and customary terms and conditions for participation, if however, I observe any unusual significant hazard during my presence or participation I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE PONCE DE LEON BASEBALL, INC., their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY WITHOUT ANY INDUCEMENT.
PLAYERS WHO DO NOT REGISTER IN THE ONLINE DATABASE ARE NOT CONTAINED WITHIN OUR DATA SYSTEM. FAILURE TO REGISTER MEANS YOU ARE NOT PERMITTED TO PLAY.
Your privacy is important to us. All information gathered by us from you in connection with your use of this site is subject to the provisions of our Privacy Statement. By agreeing to use any features of this site or by registering or playing in the Ponce De Leon Baseball League, you hereby agree to the terms of our privacy statement and further agree that i.) We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites.
See Ponce Privacy Statement which is hereby incorporated by reference and adopted herein.
The Company may terminate your membership, and/or prohibit you from using or accessing the Service, playing in the league, for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are in violation of the rules requirements of the league.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners 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 any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
10. Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
11. General Information
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof, and govern your use of this site, and use of the league itself, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. These Terms and the relationship between you and us will be governed by the laws of the State of Virginia without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within Fairfax County, Virginia, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.
Use of Information Obtained by Ponce De Leon Baseball League
When you register with Ponce De Leon Baseball League, you provide us with certain information. We may occasionally use your name, email address, physical address, or phone number to send you notifications regarding new or existing services offered by the Ponce De Leon Baseball League that we think you may find valuable.
Ponce De Leon Baseball League may send you service-related announcements from time to time through the general operation of the service. You agree that by signing up for the Ponce De Leon Baseball League, or by playing in the league itself, that you are consenting to such communications unless you inform us in writing to cease all communications to you.
Generally, you may opt out of any emails being sent to you by Ponce De Leon Baseball League, however Ponce reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
What information do we collect?
- We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
- We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
- Like many websites, we may use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
- If you have opted-in to receive test messages, we may send you periodic text messages. While we do not charge for these text messages, your carrier rates may apply. If you would no longer like to receive text messages from us, please send us an email to opt out or visit your account page at www.trumpia.com. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include Ponce De Leon Baseball League, Inc. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please following the instructions contained at the bottom of any Ponce Email or send us an email to let us know your preferences. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.