WEBSITE OWNERSHIP & COPYRIGHT NOTICE
DISCLAIMER OF WARRANTIES
A. IN NO EVENT MAY NLBPA, ITS VENDORS OR ANY NLBPA ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NLBPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF NLBPA IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF NLBPA, ITS VENDORS AND ANY NLBPA ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $.01.
You hereby agree to indemnify and hold NLBPA, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website; or (B) any alleged breach of this Agreement by you.
This Agreement may be immediately terminated at any time by NLBPA in its sole discretion. In addition and without prejudice to any other remedy available to NLBPA, NLBPA may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by NLBPA.
CHOICE OF LAW; JURISDICTION
This Agreement will be governed by the laws of the State of Maryland.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. NLBPA in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. NLBPA may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
We collect no information about you, other than information automatically collected and stored by our statistics software.
When you browse through any web site, certain information about you can be collected. We automatically collect and temporarily store the following information about your visit:
the name of the domain you use to access the Internet (for example, aol.com);
the date and time of your visit;
the pages you visited; and
the address of the web site you came from when you came to visit.
We use this information for statistical purposes and to help us make our site more useful to visitors. Unless it is specifically stated otherwise, no additional information will be collected about you.
If you choose to provide us with information about yourself through an e-mail message, form, survey, etc., we will only maintain the information as long as needed to respond to your question or to fulfill the stated purpose of the communication.
NLBPA.com does not disclose, give, sell or transfer any personal information about our visitors, unless required for law enforcement or statute.
For site security purposes and to ensure that this service remains available to all users, we employ software programs to monitor traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.
A. he Negro League Baseball Players Association web site (NLBPA.com) provides general information about our organization. References to any entity, person, product, service, or source of information that may be contained in this site should not be considered an endorsement, either direct or implied. NLBPA.com and its web developer(s) are not responsible for the accuracy of any content or linked web pages referenced in this web site.
B. USE OF THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
C. NLBPA DOES NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.
LIMITATIONS ON LIABILITY
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by NLBPA or any of its affiliates of any third party Web site or content. NLBPA is not responsible for the availability of these third party resources or their contents.
You may not link to the NLBPA website by using browser framing or other technologies which give the impression that this site is associated with, or is a part of any other web site, organization, or entity. If you do link to this site, you may be asked to remove any links which the NLBPA deems inappropriate. You should always request written authorization from NLBPA or NLBPA’s designated agent prior to linking to the NLBPA website.The NEGRO LEAGUE BASEBALL PLAYERS ASSOCIATION and the NLBPA LOGO are registered trademarks. Entire NLBPA.com Website contents, including text, images, audio, and video, copyright 2000-2010, Negro League Baseball Players Association. Certain images, text, website source code, and other materials are copyright 2000-2010, Metro Data, Inc.
The Website is owned by Negro League Baseball Players Association (NLBPA). All materials distributed on the Website (the "Materials") are either owned by or licensed to NLBPA. NLBPA and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, noncommercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of NLBPA or NLBPA’s designated agent. Images, articles, or other site materials must not be used in any unauthorized manner.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), NLBPA has designated an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following DESIGNATED AGENT:
Service Provider: METRO DATA, INC.
Name of Agent Designated to Receive Notification of Claimed Infringement: ROBERT ORLITZKY
Full Address of Designated Agent to Which Notification Should Be Sent: 10534 York Road, Suite 202 HUNT VALLEY, MARYLAND 21030
Telephone Number of Designated Agent: (410) 667-3600