Terms of Use
Alternative Baseball Organization, Inc. (“ABO”) is a 501(c)(3) nonprofit organization that provides an
authentic baseball experience for teens (over 15) and adults with autism and other disabilities. We aim
to create a traditional baseball setting free of judgment with a focus on physical and social skills growth
(both on and off the baseball diamond) through the hands-on authentic experience found in all practices
and games. We deliver the Services described below to fulfill this mission.
1. Acceptance of Terms and Conditions
These Terms of Use (the “Terms”), which includes our accompanying Privacy Policy, govern your use of
our website (https://www.alternativebaseball.org/) and any mobile application or other online or offline
services we offer (collectively, the “Services”). You agree to adhere to our Terms whether accessing the
Services via computer, mobile device, in person or otherwise, including any electronic content,
functionality, features, applications and User Content (collectively, “Materials”) offered on or through
the Services to you. Your right to access or use the Services is terminated if you decline or violate these
Terms.
We may revise the information on the Services or otherwise change or update the Services, including
these Terms. If we make changes to these Terms, we will post notice of the modifications to the Terms
on this page, at which time the changes will become effective. We may also make improvements or
changes to the Services, add new features, or terminate the Services at any time without notice, and we
may also, in our sole discretion restrict, suspend, or terminate access to all or any part of the Services at
any time, for any or no reason, with or without prior notice, and without liability. Continued use of the
Services will signify your consent to the updated Terms; if you do not agree to the Terms as modified
you must discontinue use of the Services.
Please see Sections 11 - 13 below regarding your legal rights in any dispute involving our Services.
2. Your Responsibilities
We may offer visitors an ability to create and use an account to access certain portions of the Services
(an “Account”). In creating an Account, you must provide complete and accurate information about
yourself. You may not impersonate someone else, provide an invalid email address or an email address
other than your own, or create multiple Accounts. You may not sell, transfer, license, or assign your
credentials, Account, or any account rights. With the exception of individuals or businesses that are
expressly authorized to create accounts on behalf of others, we prohibit the creation of and you agree
that you will not create an Account for anyone other than yourself. You agree that we are not
responsible or liable for the conduct of any user. You are responsible for any information or materials
that you post or share with us through the Services. You must notify us immediately of any unauthorized
use of your Account by emailing us as directed in the Contact section below.
3. Prohibited Actions
You agree not to: (i) decompile, reverse engineer, disassemble, modify, reduce the Services to human
readable form or create derivative works based upon the Services or any part thereof; (ii) disable any
licensing or control features of the Services; (iii) introduce into the Services any virus or other code or
routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or
retrieve or record information about the Services or its users; (iv) merge the Services or Materials with
another program or create derivative works based on the Services or Materials; (v) remove, obscure, or
alter any notice of the copyright or other proprietary legends on the Services or Materials; (vi)
sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer
the Materials or access to the Services to others; (vii) use, or allow the use of, the Services or the
Materials in violation of any applicable laws or regulations; (viii) otherwise act in a fraudulent, illegal,
misleading, malicious or negligent manner when using the Services; (ix) post violent, defamatory,
indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or
other content, including any posts intended for defaming, stalking, bullying, abusing, harassing,
threatening, impersonating, harming, impersonating or intimidating people or entities; or (x) create,
solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments, or
communications, including advertising or promotional material, without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You may not access or
use the Services by means of any automated program, expert system, electronic agent, or “bot,” and
shall not give any other person or entity unauthorized access to the Services. You are prohibited from
“scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do
so for commercial purposes. We may pursue legal action and / or report to law enforcement for any
violations of this Section 3 (Prohibited Actions).
4. Financial Transactions
You acknowledge that, should you decide to make donations or purchases through our Services, you will
be using certain services provided by a third-party, and agree to be bound by its terms and conditions,
as applicable. Furthermore, we hereby incorporate our Charitable Solicitation Notice and Disclosure
Statements by reference.
5. User Content
Please exercise caution, good sense, and sound judgment in using the Services. You are responsible for
any material and information that you provide to us through the Services, including information, ideas,
suggestions, and other materials that you post, submit, publish, display, or transmit (“User Content”).
You agree, represent, and warrant that any User Content that you provide to us is truthful, accurate, not
misleading, and offered in good faith, and that you have the right to transmit such User Content. ABO
does not want you to, and you should not, send any confidential or proprietary User Content to us
through the Services unless specifically requested. We do not guarantee any confidentiality with respect
to your User Content.
Except as may be otherwise agreed-upon between you and us in writing, by submitting User Content
through the Services, you grant us (or warrant that the owner of such User Content has granted to us) a
non-exclusive fully-paid and royalty-free, transferable, sub-licensable, perpetual, irrevocable, and
unrestricted worldwide right and license: (i) to use, reproduce, display, modify, adapt, publish, translate,
transmit and distribute or otherwise disclosure to others such User Content (in whole or in part and for
any purpose); and (ii) subject to our Privacy Policy, use your name, or screen name, and biographical
information as news or information in any and all media and for advertising or promotional purposes, in
connection with your User Content or with any photographic, audio, or audio / video Materials we
develop. You also agree that we are free to use any feedback, ideas, concepts, know-how, or techniques
that you provide to us for any purpose and you waive all rights therein.
PLEASE DO NOT SEND US ANY IDEAS OR INFORMATION THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO
RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE.
You represent and warrant that: (i) all of your User Content complies with these Terms; (ii) you own or
control all necessary rights to the User Content provided by you through the Services; (iii) you will pay
for all royalties, fees, and any other monies owed in connection with User Content you provided through
the Services; (iv) you understand and acknowledge that you are responsible for any User Content that
you submit or contribute, and you, not ABO, have full responsibility for it, including its legality,
reliability, accuracy, and appropriateness; and (v) we are not responsible or liable to any third party for
the content or accuracy of any User Content posted by you or any other user of the Services. ABO is not
a backup service and you agree that you will not rely on the Services for the purposes of storing User
Content. Except as otherwise set out in the Privacy Policy, ABO has no obligation to retain or provide
you with copies of your User Content. Furthermore, ABO will not be liable to you or third-party
beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User
Content.
6. Privacy
Personal information collected by us in connection with the Services will be maintained in accordance
with our posted Privacy Policy, which is incorporated herein by reference.
7. Reporting Copyright Infringement and Other Violations with Respect to the Services
We respect the intellectual property rights of others, and we prohibit users of our Services from
submitting, uploading, posting or otherwise transmitting any materials that violate another person’s
intellectual property rights or these Terms. Please report any allegations of copyright infringement or
any other issue to us via the contact information provided at the end of these Terms.
8. Our Intellectual Property Rights
ABO (with its licensors) own all Materials available through the Services, including visual interfaces,
interactive features, graphics, scripts, photo, sounds, music, videos, design, compilation, computer code,
products, software, text, and all other elements and components of the Services, excluding User
Content. ABO (with its licensors) own the copyrights, trademarks, service marks, trade names, and
other intellectual and proprietary rights throughout the world associated with the Services, which are
protected by applicable intellectual and proprietary rights and laws. You may not modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the
Materials in whole or in part except as expressly authorized by us or the applicable licensor. Except as
expressly and unambiguously provided herein, we do not grant you any express or implied rights.
Subject to your acceptance of, and compliance with, these Terms, you are hereby granted a limited,
non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services and
Materials for lawful purposes in accordance with these Terms, our Privacy Policy, and any other
applicable agreement between you and ABO. When using these Services and Materials, you must: (i)
keep intact all copyright and other proprietary notices; (ii) use them pursuant to any licenses associated
with them (iii) not copy or post them on any networked computer or broadcast them in any media,
except to reference them through social media or by email (although we may revoke such permission at
any time); (iv) make no modifications to them; and (v) not make any additional representations or
warranties relating to them. You may not circumvent, disable, or otherwise interfere with security
related features of the Services or other features that restrict use or copying of any Materials.
Except as provided above, you may not use our name nor any misspelling or typographical variation of
any ABO trademark, trade dress, or other ABO branded elements, whether alone or in conjunction with
any other word or phrase, trademarks, or service marks in any manner (including use in any metatags or
any other “hidden text”) without our prior written consent. Any violation of the foregoing will terminate
the permission and license granted by us to access and make use of the Services.
9. Links to Non-ABO Sites
We may provide on the Services, solely as a convenience to users, links to websites operated by other
entities. If you visit any linked website, then you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive elements. We do not make
any warranty or representation regarding, or endorse or otherwise sponsor, any linked website or the
information appearing thereon or any of the products or services described thereon. Links do not imply
that ABO is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in
or accessible through the links; or that any linked website is authorized to use any trademark, trade
name, logo, or copyright symbol of ABO. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITE 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.
10. Social Media
We may maintain a presence on social media platforms such as Facebook, Instagram, and Twitter,
(collectively, “Social Media Platforms”) to provide a place for people to learn more about ABO and to
share experiences with our Services. All comments, visuals, and other materials posted by visitors to our
Social Media Platforms do not necessarily reflect the opinions or ideas of ABO. All use of the Social
Media Platforms must comply with the respective Social Media Platform’s terms of use. We may review
some but not all postings to our accounts on Social Media Platforms, and we may remove postings in
our discretion, such as when we determine they are inappropriate or offensive.
11. Disclaimer of Warranties; Limitation of Liability
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SERVICES, OR ANY WEBSITES LINKED TO OR FROM THE SERVICES, ARE PROVIDED “AS IS”
AND “AS AVAILABLE” FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE AND THE
OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS
SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties,
some of these exclusions may not apply to you.
ABO AND ITS SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, AND AGENTS (COLLECTIVELY,
“RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THE SERVICES, THEIR MATERIALS OR LINKS, INCLUDING BUT NOT
LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL
ALSO NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR
CONDUCT OF ANY USER OR OTHER THIRD PARTY.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE, OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE
SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT
POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT
POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES
WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
The provisions in these Terms are intended to be only as broad and inclusive as is permitted by
applicable law. We reserve all rights, defenses, and permissible limitations under applicable law.
12. Indemnification
You agree that you will be responsible for any damages resulting from your violation of these Terms.
You further agree to indemnify and hold ABO, and its owners, affiliates, officers, directors, agents and
employees, contributors, and partners harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your
activities in connection with the Services, including any violation of any law or the rights of any third
party that occurs in connection with your use of the Services; or (iii) User Content or other information
that you provided to ABO through the services.
13. Jurisdictional Issues; Governing Law; Arbitration and Class Action Waiver
You agree that the laws of the State of Georgia and the United States of America will govern any dispute
in connection with the Services, including with these Terms. Excluding claims for injunctive or other
equitable relief, for claims related to the Services or any dispute or controversy arising out of or relating
to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract,
statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application
or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the
JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. The arbitration shall take place
in the State of Georgia or at the option of the party seeking relief, online, by telephone, online, or via
written submissions alone, and be administered by JAMS. The decision of the arbitrator will be final and
binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any
court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking
immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be
deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties
undertake to keep confidential all awards in their arbitration, together with all confidential information,
all materials in the proceedings created for the purpose of the arbitration and all other documents
produced by the other party in the proceedings and not otherwise in the public domain, save and to the
extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to
enforce or challenge an award in legal proceedings before a court or other judicial authority. You also
agree that in the event of any action to enforce or interpret these Terms, the prevailing party shall be
entitled to collect its reasonable attorney fees.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE
HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless
both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or
otherwise preside over any form of a representative or class proceeding.
14. Services Controlled from the United States
The Services are controlled and operated by ABO from our offices within the United States of America.
We make no representation that the Materials or Services are appropriate, lawful, or available for use in
other locations. Those who access the Services from other locations do so on their own initiative and are
responsible for compliance with local laws.
15. Entire Agreement; Severability
You acknowledge that you have read and understood and agree to be bound by these Terms. You
further agree that these Terms (including our posted Privacy Policy) constitute the complete and
exclusive statement of the agreement between you and ABO relating to this subject matter, and
supersedes all prior agreements oral or written, and any other communications relating to the subject
matter of these Terms. In the event that a court or other decision maker of competent jurisdiction finds
any portion of these Terms unenforceable, that portion shall not be effective and the remainder of the
agreement shall remain effective.
16. Miscellaneous
ABO and you are independent entities, and nothing in these Terms, or via use of the Services, will create
any partnership, joint venture, agency, franchise, sales representative, or employment relationship
between ABO and you. Any rights and licenses granted under these Terms may not be transferred or
assigned by you, but may be assigned by ABO without restriction. The failure of ABO to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The
section titles in these Terms are for convenience only and have no legal or contractual effect.
17. Contact Information
If you have questions about our Services or these Terms, please contact us by email to
info@alternativebaseball.org or by phone to 770.313.1762.
These Terms were last updated on January 15, 2021.