CC Sabathia | Co-founder | PitCCh in Foundation Amber Sabathia | Co-founder and Executive Director | PitCCh In Foundation

 

Terms of Use

 

TERMS OF USE

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use pitcch.org (the “Site”). This Agreement is legally binding made by and between the PitCCh In Foundation (the “Foundation,” “we,” “us”), a non-profit tax exempt corporation, existing under the laws of the State of New York, and you. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to the following Agreement. If you do not accept this Agreement, do not access or use the Site.

 

PRIVACY

Our Privacy Policy governs what information we collect from you, how we use the information, and with whom we share that information. We have the right to collect, share and use your information in accordance with our Privacy Policy which is incorporated by reference in these Terms.

 

GENERAL PRACTICE AND LIMITS

You acknowledge that the Foundation may establish general practices and limits concerning use of the Site, including without limitation, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Foundation has no responsibility or liability for the deletion of, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site.

 

RESTRICTIONS ON USE

The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about the Foundation’s mission, programs, events and other information offered or described on the Site. Although the Foundation strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although the Foundation endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

 

Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. The Foundation cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyright and other proprietary rights, and is strictly prohibited.

 

CODE OF CONDUCT

You agree to respect the rights of others and exercise good judgment in using the Site. You agree that you will not:

  1. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  2. Use the Site or Materials for any unlawful purpose;
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity;
  1. Solicit personal information from, harm or attempt to harm minors, in any way;
  2. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  3. Use the Site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets, merchandise or services of any kind;
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  1. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  2. Remove any copyright, trademark or other proprietary rights notices contained in the Site;
  3. “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, the Foundation grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;
  • Harvest or collect information about Site visitors without their express consent;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  1. Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; or
  • Violate any applicable local, state, national or international law, rules or regulations, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange.

 

LINKS

The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by the Foundation. We have not reviewed all of the websites that are linked to the Site, and the Foundation has no control over such sites. Unless otherwise explicitly stated, the Foundation is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked site. We provide these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

 

You agree that your use of other internet websites and resources including, without limitation, your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

 

OWNERSHIP

The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by the Foundation in conjunction with others pursuant to contractual arrangements, and will remain the property of the Foundation and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

TRADEMARKS

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of the Foundation, the Foundation’s licensors and suppliers, and others. The Trademarks owned by the Foundation, whether registered or unregistered, may not be used in connection with any service that is not offered by the Foundation, in any manner that is likely to cause confusion with visitors, or in any manner that disparages the Foundation. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Foundation, the Foundation’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Foundation will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Foundation infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

 

The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Foundation to locate the material on the Site;

 

  1. The name, address, telephone number and email address (if available) of the complaining party;
  1. 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
  1. 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. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by the Foundation against you, the DMCA permits you to send the Foundation a counter-notice.

 

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to

 

Attn: PitCCh In Foundation

P.O. Box 38

Alpine, New Jersey 07620

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

RULES FOR SWEEPSTAKES, CONTESTS AND GAMES

In addition to the terms and conditions of this Agreement, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. The Foundation urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control with respect to the particular Promotion.

 

MODIFICATION, SUSPENSION AND TERMINATION

We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your membership, or termination of this Agreement.

 

DISCLAIMERS

The Site, the Materials on the Site, and any product or service obtained through the Site is provided “as is” and without warranties of any kind, either express or implied to the fullest extent permissible pursuant to applicable law, the Foundation, affiliates, licensors, suppliers, advertisers, sponsors and agents all warranties, express or implied, with respect to the site, the materials, and any product or service obtained through the site, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

The Foundation, our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.

 

You assume all responsibility and risks for your use of the Site and your reliance thereon. No opinion, advice or statement of the Foundation or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the Site or otherwise, shall create any warranty. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked site, or featured in any banner or other advertising, and the Foundation will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the Site and any Materials provided through the Site are entirely at your own risk.

 

The Site and Materials could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at info@pitcch.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.

 

LIMITATION OF LIABILITY

Neither the Foundation nor any of its affiliates, licensors, suppliers, advertisers or sponsors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site, any linked site or any product or service purchased through the Site.

 

Your sole and exclusive remedy for dissatisfaction with the Site or Materials or any linked site is to stop using the Site, Materials or linked site, as applicable. The maximum liability of the Foundation, and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall not exceed the actual dollar amount, if any, paid by you to the Site in the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

 

Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

INDEMNIFICATION

You agree to indemnify, defend and hold the site, the Foundation and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.

 

FORCE MAJEURE

We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.

 

TRANSLATIONS

As a convenience to our members, we may and in our sole discretion provide versions of these Terms in languages other than English (each, a “Translation”). Where so, we will attempt to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Terms in the English language shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than English, and cannot take responsibility for any problems or issues that may arise as a result of this fact.

 

ACCESS FROM OUTSIDE THE UNITED STATES

Unless otherwise specified, the Materials on this Site are presented primarily for citizens and residents of the United States and its territories, possessions, and protectorates. We make no representation that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

ARBITRATION

You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted exclusively to confidential binding arbitration in New York, New York. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Site, the Foundation, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of New York.

 

GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

WAIVER

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.