Legal Notice Concerning the Web Site
The Amateur Softball Association of America, Inc. ("ASA") maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. However, your access and use of the Site is subject to the terms and conditions contained in this Legal Notice (the "Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you expressly accept and agree to be bound by the Terms and Conditions, without limitation, qualification, or exception, notwithstanding any inconsistent provision in any other agreement to which you are a party.
Also see our Privacy Statement.
Terms and Conditions
- All of the content on the Site, including without limitation the data, text, materials, images, logos, audio, video, bulletin boards, chat rooms, listservs, and communications received (all of the foregoing, the "Content") is owned by or licensed to ASA and is subject to legal protection under state and federal copyright, trademark, and other laws, except for any third party proprietary information or as otherwise noted. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, personal property rights, and other state and federal laws. You may download materials displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on such materials. You may not download, copy, distribute, modify, transmit, display, reuse, report, sell, profit by, or use any of the Content in any manner inconsistent with these Terms and Conditions.
- While ASA makes reasonable efforts to include only accurate and up-to-date content on the Site, ASA makes no warranties or representations as to the accuracy or completeness of any of the Content. ASA assumes no liability or responsibility for any inaccuracies, technical or typographical errors, or omissions in the Content, and you expressly accept and assume all such risks and agree to hold ASA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks.
- You acknowledge and agree that your use of the Site is entirely at your own risk. In no event shall ASA or any other party involved in creating, producing, maintaining, or delivering the Site be liable in any manner for any actual, direct, incidental, consequential, indirect, punitive, or any other damages (including without limitation loss of use, data, or profits), nor for any other remedies or liabilities, in any manner arising out of or in connection with your use of the Site. Without limiting the foregoing, THE SITE AND ALL CONTENT THEREON ARE PROVIDED TO YOU "AS IS" AND ASA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. You expressly accept and assume all risks associated with all of the foregoing and agree to hold ASA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks. Please note that some jurisdictions may not allow all of the above exclusions of implied warranties, so certain of the foregoing exclusions may not apply to you (although you agree to be bound by such exclusions to the fullest extent permitted by applicable law). ASA also assumes no responsibility and shall not be liable for any damages or loss due to computer viruses or similar hazards that may infect your computer equipment or other property in connection with your use of the Site or any Content. You expressly accept and assume all such risks and agree to hold ASA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks.
- Any communication or material you transmit or communicate to the Site whether through use of Message Features or by electronic mail, posting or otherwise, including any data, questions, comments, criticisms, suggestions, and the like (each transmission or communication, a "Message"), is and will be treated as non-confidential and non-proprietary. Any Message may be used in any manner by ASA, its affiliates, and/or any third party, for any purpose whatsoever, including without limitation reproduction, storage, disclosure, transmission, publication, broadcast, sale, and posting. You expressly waive any and all privacy and ownership rights to any Message, and you expressly release and authorize ASA to publish or use in any manner your Message and any identifying information provided therewith. You also acknowledge and agree that any Message is subject to loss, misdirection, misinterpretation, and accidental deletion, and therefore (regardless of whether a particular Message is actually received) no such Message shall constitute notice to ASA for any purpose, and ASA has no obligation, express or implied, to maintain any Message. Furthermore, you authorize ASA to use in any manner and for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any Message, including without limitation developing, manufacturing, and marketing products using or relying on such information. You expressly waive and irrevocably assign to ASA any and all rights and interests you may have to payment, royalty, commission, compensation, or any other benefit of any kind which may otherwise accrue to you as a direct or indirect result of any income, revenue, or other benefit to ASA in any manner arising out of or related to your Message.
- You must not transmit any Message on the Site that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
- ASA assumes no responsibility or liability arising from the content of any Message, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, fraud, misrepresentation, or inaccuracy contained therein, and you agree to hold harmless ASA for any damages, loss, or other liability in connection with any of the foregoing. You agree to indemnify ASA for any liability or loss suffered or incurred by ASA as a direct or indirect result of your posting or transmission of any Message.
- As part of the Site, OfficialGear.com Internet Merchandise Sales (the "Store") allows you to order products (the "Merchandise") supplied by an independent merchandise vendor, ASA Properties, Inc. (the "Vendor"). By placing an order in the Store, you acknowledge that the Vendor is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. By placing an order in the Store, you agree to pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by ASA, Vendor or your credit card issuer. Vendor may bill your credit card at the time Merchandise is ordered. Vendor may, in its sole discretion, decline service to or terminate your site account without notice. Questions relating to the Store, Merchandise and its fulfillment should be directed to the Vendor either by: (i) e-mail to firstname.lastname@example.org; (ii) telephone to 800/654-8337; or (iii) mail to ASA Properties, Inc., 2801 N.E. 50th Street, Oklahoma City, Oklahoma 73111.
- Except as otherwise noted, all trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including without limitation ASA, Amateur Softball Association, USA Softball, Ball and Shield design, USA Softball flag design, ASA-2000, ASA Ball Certification marks are registered Trademarks of ASA. Nothing contained on the Site should be construed as granting to any party, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. As with your use of other Content, your use of the Trademarks displayed on the Site, except as provided in these Terms and Conditions, is strictly prohibited. ASA will aggressively enforce its intellectual property and other rights to the fullest extent of the law, and ASA will assist law enforcement personnel in the investigation and prosecution of criminal offenses.
- Links on the Site to other sites are provided as a convenience and do not imply endorsement by ASA of any other site. ASA is not responsible for the contents of any other site linked to this Site, or for any consequential or other damages, liabilities, or loss suffered by any party as a result of linking between the Site and any other site. You expressly accept and assume all such risks and agree to hold ASA harmless for any loss directly or indirectly related to such risks.
- ASA may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. Please report any technical, typographical, or other errors herein to ASA. Please direct requests to reproduce protected Site content to ASA. You agree that the interpretation and enforcement of this Legal Notice and these Terms and Conditions shall be governed by the laws of the State of Oklahoma without regard for its principles of conflicts of laws. You agree that you do not have any expectation or understanding of your relationship with ASA or your use of the Site or the Content which is inconsistent with the provisions of the Legal Notice or these Terms and Conditions. In the event that any provision of this Legal Notice or these Terms and Conditions, or the application thereof to any part or circumstance, shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Legal Notice or these Terms and Conditions, or the application of such provision to circumstances other than those as to which it is determined invalid or unenforceable, shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. You agree that, in the event you violate any of the provisions of the Legal Notice or these Terms and Conditions, ASA may seek specific performance in addition to any other available legal or equitable relief, and that all remedies and relief provided for herein and at law shall be cumulative.
- Pursuant to Title 17, United States Code, Section 512(c)(2), you agree that notifications of claimed copyright infringement shall be sent to the ASA's Designated Agent at the following address: Amateur Softball Association of America, Inc., ATTN: Julie Bartel, Director of Marketing/Communiations, 2801 N.E. 50th Street, Oklahoma City, OK 73111, 405/235-3422. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- All information the ASA provides on the Site or by any other means is for informational and directional purposes only; it does not address specific circumstances of any particular entity; it is not necessarily complete, accurate or current; it does not constitute professional or legal advice (a company should seek opinions of qualified professionals). Hence, the ASA disclaims its responsibility for any loss, however arising, from the use of or reliance on this information.
ASA may change, suspend or discontinue any aspect of the Site at any time, including the availability of any site feature, database, or content. ASA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the ASA's sole and exclusive discretion, without prejudice to any legal or equitable remedies available to ASA, for any reason or purpose, including but not limited to, conduct the ASA believes violates these Terms and Conditions or other policies or guidelines posted on the Site or conduct which ASA believes is harmful to other customers, to ASA's business, or to other information providers. Upon any termination of this agreement, you will discontinue your use and access of the Site and destroy all materials obtained from it.