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The Valley Extreme Girls Fastpitch Lightning Softball Logo

Terms And Conditions

Girls Fastpitch in Ohio

Fastpitch athlete, parent, coach, and others, welcome to Valley Extreme. Valley Extreme Girls Fast Pitch, Inc ('we', 'us', 'our', or 'Company') presents the following Terms of Use ('Terms') governing the use of ValleyExtreme.com website (the 'Site'). These Terms, which include Our Privacy Policy, and any other policies or guidelines that may be applicable to any particular offer on the Site ('Extra Terms') are hereby incorporated by reference into these Terms. Our Site has been established to provide general information about girls fastpitch softball ('Service').

By using our Site, you explicitly agree to be bound by these Terms and the laws that govern the Site. You also expressly agree to follow these Terms and any other Extra Terms. To the extent that there is an applicable conflict between these Terms and the Extra Terms, the language in the Extra Terms shall govern.

The Terms shall remain in full force and effect for the period in which you are a user of the Site. In the event where you elect to no longer be a user of the Site, you will remain bound by your obligations under the Terms, including any warranties, limitations of liability, and indemnifications.

Site Modifications

We reserve the right to change any language, condition, or intent of these Terms, at any time. We may also, at any time, modify the Site or Service in any way, including, without limitation, the discontinuation of any or all Services. These modifications include the elimination of any offer, feature, page, or promotion. At any time, we may also add, modify, or discontinue any aspect of the Site or Service.

Modifications that are made shall take effect immediately upon notice. Notice is deemed given by any means including, without limitation, posting a revised version of these Terms on the Site. You can determine when the Terms were last modified by periodically reviewing the 'Date Updated:' field at the bottom of the page modified. The use of the Site or Service after notice constitutes your acceptance of the changes. Please review the Terms often to ensure your familiarity.

License to Use the Site

We exclusively own all the information contained on or through the Site. This material includes any databases, images, logos, links, icons, photographs, audio files, video files, illustrations, graphics, text, data, and designs. The Site is protected under United States and international laws, including but not limited to, copyright and trademark laws. By using the Site, you acknowledge the validity of these laws and that these laws are fully enforceable. You also agree that you do not have any ownership rights by virtue of your use of the Site.

We hereby grant you a limited license to use the Site under the following conditions:


You further agree not to allow or encourage others to violate any Term conditions.

Other than this limited license granted to you, we retain all other rights relating to the Site. These include the title and any intellectual property rights. Furthermore, the Site and its contents or components are protected by the relevant copyright laws for the United States, and internationally by virtue of any applicable treaties.

The logos and trademarks (collectively 'Marks') are our registered and unregistered trademarks or the marks associated with an affiliated company or individual. Our Marks may not be used in any way without our prior written consent. Our Marks may not be used in any manor that denigrates us. Furthermore, no material on the Site may be construed to grant the User to use any portion of our content, whether a Mark, or otherwise, in any way that is not expressly outlined in the Terms.

Other Limitations

You are obligated to comply with any applicable law when you use the Site. You will further agree not to rent or lease your access to the Site for any reason, or to encourage others to violate the Terms. You also agree not to promote any activity that violates the Terms.

Site Conduct Code

By virtue of using the Site, any User of the Site agrees that they will not:


Information We Provide

We have added reference information to our Site in an effort to make it convenient for Users. We do NOT WARRANT that this information is accurate, grammatically correct, or current. We attempt to update this material given our limited resources but this information is subject to frequent changes. Therefore, certain sections may not be up to date, accurate, or complete. If you recognize any errors, please send us a note via our contact page in which you outline the page that contains the error and the needed modifications.

User Submitted Content

The Site may enable Users to submit content, including, but not limited to, images, audio recordings, video recordings, photographs, artwork, text, ideas, suggestions, comments, concepts, graphics, opinions, ratings, advice, offers, services, biographies, or other works and materials (collectively, 'User Content'). We do not endorse this User Content and any opinions, statements, advice, comments, offers, or other User Content are those of the content producers, authors, and/or originators and not of Valley Extreme Girls Fast Pitch, Inc or its members, directors, or employees. If we enter into a specific, and separate agreement, with you with regards to the submission of all, or a portion of, the User Content, you hereby agree to abide by the terms of that separate agreement ('Separate Terms') and these Terms. To the extent that there is an applicable conflict between the Separate Terms and these Terms, the language in the Terms shall govern.

By transmitting or supplying this User Content to us in any format and through any channel, you are granting us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, assignable, fully paid (if applicable), irrevocable right and license to use, distribute, reproduce, create derivative works of, digitally display, store, print, publish in any medium, sell, offer for sale, import, export, and commercialize User Content, or any portion thereof, in any way, whether now known or hereinafter discovered, without limitation and without any compensation or acknowledgement to you or any other third party. By supplying User Content, you hereby warrant that, (i) you own all the rights and interests in the User Content, and (ii) the use of the User Content including, but not limited to, the posting and public display of the material, does not now, or will not in the future, violate any copyrights, trademarks, contractual rights, or any other rights of any entity or person. If we, at our sole discretion, elect to acknowledge your affiliation with the User Content, you hereby grant us the right to use your name with respect to the User Content and waive any claims, including, without limitation, privacy or publicity claims.

Furthermore, you hereby acknowledge that we:


You hereby agree not to participate in, to initiate, support, or authorize any action or lawsuit against us or our owners, members, directors, employees, affiliates, and/or licensors, or any other person, on the grounds that the use of the User Content, or any derivative works thereof, infringe any of your rights as a creator of the User Content, including, without limitation, copyrights, trademarks, publicity, privacy rights, and moral rights.

Your submission of the User Content constitutes your certification that you are eighteen (18) years of age. You shall be solely responsible for your submitted User Content and the consequences of their publication. You further affirm and warrant that you own all the rights to the User Content and, if applicable, you have the required licenses, rights, and consents under any applicable law or regulation.

External Links

The Site may use links to external content, which may or may not be directly controlled by us. You recognize that we have not evaluated all the content on these sites and the content of these pages are outside our control and that we do not promote or endorse this material in any way. These links may have been established a courtesy to our Users and you agree that we are not liable, directly or indirectly, for damages associated with these links, the applications, or the software affiliated with external content. You agree not to rely on these links or the affiliated material/software in any way.

YOU AGREE THAT YOU ARE USING THE INTERNET AND ANY ENCOUNTERED INFORMATION AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITY FOR YOUR USE OF THE INTERNET.

Law or Regulations

Information, including, but not limited to, state regulatory requirements for professional licensure, is provided by our Site as a reference only. You agree not to rely on this information. You further agree to be solely responsible for complying with any law, regulation, and policy. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW, REGULATION, OR POLICY. YOU ALSO AGREE NOT TO HOLD US LIABLE FOR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPY, ANY LAW, REGULATION, OR POLICY. YOU ACKNOWLEDGE THAT WE WILL COMPLY WITH LAW ENFORCEMENT AND REGULATORY BODIES AND THAT WE MAY FURNISH THEM WITH ANY INFORMATION YOU SUBMIT TO US SO THAT THEY CAN CONDUCT THEIR INVESTIGATION OR PROSECUTION. You grant us permission to submit any information you provide to us to third parties for the facilitation of any Transaction. You further warrant that all information you provide, including, but not limited to, information concerning your identity, address, and credit card number, are accurate and complete. You also warrant that the credit card used in any Transaction belongs to you. If the credit card is not yours, you warrant that it belongs to a family member or friend that has expressly authorized Your use of the credit card for the purpose of using the Site.

You agree not to attempt to conceal your identity in any way, including, but not limited to, falsifying your personal information or using alternate Internet protocol ('IP') addresses.

Copyright Issues

The following relates to the Digital Millennium Copyright Act (the 'DA') and its provisions that allow someone who believes that material posted on the Internet infringes their rights. If you think that your material has been infringed by virtue of its appearance on the Site, you or your agent may send us a notice via our contact page. These notices shall include:


Since there may be penalties associated with false claims, we encourage you to seek legal council prior to filing a notice. Notices and counter notices must meet the then current DA statutory requirements.

Tournament Refund Policy and Service

Zero (0) games played=$275, One (1) game played=$150, Two (2) games played=$75, Three (3) or more=$0. (started game=game played)

We also researve the right to refuse or discontinue service at any time for any reason. That is, registering for a tournament and mailing a check does not guarantee your participation, even if the tournament is not full. Furthermore, the tournament director, umpire in charge, or any Valley Extreme representative may revoke a teams rights to play in a tournament, even if the tournament is underway. If your team is ejected from the tournament, you agree to leave the property immediately without incident.

Withdrawing from a tournament within three (3) months from scheduled start day may result in loss of entire registration fee. A minimum processing fee of $50 will be applied.

If pre-ordered items, such as t-shirts, were not paid in advance, the price or cost of items will be deducted from any refund.

Termination of Terms

We reserve the right to terminate these Terms or your access to the Site, at any time and for any reason, without notice. However, these Terms shall remain in effect until terminated in accordance with its terms. You agree to these conditions and renounce any future access to all related information. You also agree to allow us to delete your access to information on the Site, including, but not limited to, erasing passwords and files. You further agree that we are not liable for any such termination and that you renounce future access to the information relating to the termination.

Online Privacy

Your personal privacy is very important to us. The terms here are subject to our Privacy Policy, which is herby incorporated by reference. We collect a variety of User information during the course of offering services on the Site and we may enable Users to so submit information to us or to post information on the Site. Your use of the Site constitutes your acknowledgement and agreement that all the information that you submit, including name, email address, images, videos, graphics, photographs, comments, text, descriptions, and slides will be publicly available to third parties. You further recognize that we do not have control over how third parties use information and you agree to hold us harmless. You also agree to 'Opt-In' to any email or direct mail campaigns by agreeing to these terms.

Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES YOU OBTAINED THROUGH THE SITE ARE PROVIDE 'AS IS', 'AS AVAILABLE', AND WITHOUT WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, THE MATERIALS ON THE SITE, AND ANY SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF PERFORMANCE OR USAGE OF TRADE OR DEALING. YOUR RELIANCE ON THE SITE IS ENTIRELY AT YOUR SOLE RISK AND WE DO NOT GUARANTEE OR WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE WITHOUT DISRUPTION OR ERRORS OR THAT THE SITE IS SECURE. NOR DO WE WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT DAMAGING ELEMENTS, SUCH AS VIRUSES, DO NOT EXIST ON THE SITE OR SERVERS HOSTING THE SITE. NO COMPANY INFORMATION, WHETHER ORAL OR WRITTEN, CONTAINED ON THE SITE OR ELSEWHERE, SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY ASPECT OF THE SITE, PRODUCT, OR SERVICE. NOR DO WE WARRANT OR ENDORSE ANY INTERNET CONTENT, WHICH IS DIRECTLY, OR INDIRECTLY LINKED TO THE SITE. YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK.

There may be some exclusions dealing with implied warranties that may not be permitted by applicable law and therefore, not apply to you. Furthermore, the Site may contain inaccuracies, mistakes, or defects that may violate these Terms. While we strive to maintain the Site reliability, some modifications may be made by both authorize and unauthorized third parties. If there is an issue that you feel should be brought to our attention, please reach us at our contact page and include a detailed description of the perceived issue, its location, and any supplementary material you deem relevant.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VALLEY EXTREME GIRLS FAST PITCH, INC NOR ANY OF OUR AFFILIATES, MEMBERS, LICENSORS, SPONSORS, OR ADVERTISERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, OR OTHER AGENTS 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 DATA, LOSS OF BUSINESS, LOST PROFITS, LOSS OF USE, OR GOODWILL). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, (II) ANY FAILURE OF A USER TO CONFORM TO THE CONDUCT CODE ABOVE, (III) ANY UNAUTHORIZED ACCESS TO THE SITE AND OUR SERVERS, (IV) ANY UNAUTHORIZED ACCESS TO PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY DISRUPTION IN SERVICE OR AVAILABILITY OF THE SITE, AND/OR (VI) ANY INACCURACIES, OMISSIONS, OR DEFECTS RELATING TO THE SITE, OF ANY KIND.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Since some jurisdictions prohibit the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply to you.

Indemnity

You hereby agree to indemnify and hold Valley Extreme Girls Fast Pitch, Inc, its licensors, suppliers, affiliates, members, directors, officers, agents, sponsors, consultants, representatives, managers, coaches, volunteers, and employees harmless from all claims, costs (including attorneys’ fees), losses, damages, and other expenses that arise, whether directly or indirectly, from (i) your breach of these Terms and/or Conduct Code; (ii) any claim that any Site materials, including User Content, which is sent to the Site infringes or breaches third party intellectual property, included, but not limited to, trade secrets, copyrights, or trademarks; and/or (iii) your use of the Site.

Dispute Resolution

A) Negotiation. In the event of any dispute or disagreement between you and Valley Extreme Girls Fast Pitch, Inc, or any of its members, managers, coaches, volunteers, directors, officers, or employees (collectively 'VALLEY EXTREME'), the matter, upon written request of either party, shall be referred to the representatives of the parties for decision. These representatives shall meet in a good faith effort to resolve the issue, whether in person, phone, teleconference, or other reasonably agreeable method. If the representatives cannot agree upon a decision within 45 calendar days after written notice has been received, then each party shall be free to exercise the remedies available in part (B) Arbitration, immediately below in this section.

B) Arbitration. In the event that there are any controversies, disputes, or claims between you and VALLEY EXTREME that cannot be resolved by part (A) Negotiation, immediately above in this section, the issue shall be settled by arbitration in Mahoning County, Ohio. The said arbitration shall be administered by the Center for Public Resources Institute for Dispute Resolutions (hereafter 'CPR') in accordance with its then prevailing Rules for Non-Administered Arbitration of Business Disputes (except as otherwise provided herein) (the 'CPR Rules'), by one independent and impartial arbitrator mutually agreed upon by the parties. If the parties cannot agree upon an impartial arbitrator, an independent and impartial arbitrator selected in accordance with the CPR Rules will be chosen. The fees and expenses of the CPR and the arbitrator shall be shared equally by the parties and advanced by them from time to time as required; PROVIDED THAT at the conclusion of the arbitration, the arbitrator shall award costs, expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) and interest to the prevailing party. The arbitrator shall permit and facilitate such discovery, as they shall determine appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost effective. The parties shall keep confidential any proprietary information, trade secrets or other non-public information disclosed in discovery. The arbitrator shall render his award within 90 days of the conclusion of the arbitration hearing. The arbitrator shall be expressly empowered to award to either party an consequential damages, lost profits or punitive damages in connection with any dispute between them arising out of or relating in any way to this Agreement or the other agreements contemplated hereby or the transactions arising hereunder or thereunder, and each party hereby irrevocably waives any objection to the recovery by the other party hereto of such damages.

C) Notwithstanding the foregoing and without prejudice to the above procedures, either party may bring an individual (not class) action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VALLEY EXTREME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

D) Any party who intends to enter either negotiations or arbitration must first send to the other, by certified mail, a written Notice of Dispute (the 'Notice'). The Notice to VALLEY EXTREME should be sent via our contact page, to the attention of the Legal Officer. The Notice must (i) describe the nature of the claim and outline the basis; and (ii) define the specific relief wanted.

E) You may be required to pay a filing fee to initiate arbitration. You can review the process and fees and/or initiate arbitration at: CPRADR.org

F) Jurisdiction. Each of the parties submits to the jurisdiction of the Federal District Court in the Northern District of Ohio in Mahoning County in any action or proceeding arising out of or relating to this Agreement and agrees that, subject to this Dispute Resolution section, all claims in respect of the section or proceeding may be heard and determined in any such court. Each party also agrees, subject to the Negotiation and Arbitration provisions above, not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Nothing in this section, however, shall affect the right of any party to serve legal process in any other manner permitted by law or at equity. Each party agrees that a final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.

G) YOU AND VALLEY EXTREME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THEREFORE, NEITHER PARTY MAY BE A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and VALLEY EXTREME further agree that unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

H) If any portion of this Agreement is found to be invalid or unenforceable by an authority of competent jurisdiction, then the specific part or parts shall be of no force and effect but the remainder of this Agreement shall survive in full force. Any or all limitations set forth in this Agreement may be waived by the part against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.

Descriptive Headings

The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

No Exportation

This Site and all materials associated with this Site are subject to the United States export regulations and controls. No material from this Site, including, without limitation, software, databases, audio, video, images, text, graphics, logos, attachments, and any other associated material, may be downloaded or otherwise exported outside the United States unless being accessed by a User who holds a professional license in the United States and the said User is accessing the Site for the sole purpose of maintaining their continuing education requirements for that U.S. license.

Updates

Date Updated: January 29, 2017

© 2017 Valley Extreme Girls Fast Pitch, Inc. All Rights Reserved.

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