The web site ("Site") you have entered is operated by or on behalf of USA Softball of South Dakota, the governing body for the sport of softball in South Dakota.
Your Consent to This Policy
By using our Site, you consent to agree with the terms of our current Policy as posted in this area of the Site. If you do not agree with any term in this Policy, please do not provide any Personal Information on this Site.
If you choose not to provide Personal Information on this Site, you may not be able to do certain things, like access particular areas of the Site, customize the Site, download programs, enter a sweepstakes or contest or request product information.
Collection of Personal Information
As used in this Policy, "Personal Information" means any type of personally identifiable information such as your name, street address, telephone number, credit card information, screen name, email address, etc. This Site may collect any of these types of Personal Information. Please be assured that USA SB SD will not collect any Personal Information from your visits to our Site unless you provide this information voluntarily.
When you provide us with Personal Information, you are authorizing us to use the Personal Information in accordance with the terms of this Policy, which includes your right to limit our use of the Personal Information as described in this Policy (see "Who to Contact" below).
This Site may also collect Personal Information from you about a third party (e.g., the Site might allow you to send an electronic "post card" to a business associate, in which case we will need that person's name and e-mail address). Please note that we use such information only for the specified purpose (e.g., to mail the post card) and we will not contact the third party again by e-mail unless and until the third party contacts us.
How We Use Your Information
When you supply Personal Information at this Site, USA SB SD will use the Personal Information for the purpose for which it was collected (e.g., to enter you in a sweepstakes or to send you product information). Generally, USA SB SD may wish to collect Personal Information about you in connection with the following services:
Participation in any online contests, sweepstakes or other promotions;
Questions or comments sent through the Site;
Inclusion in our online newsletter program;
Participation in any message boards or chat rooms we may establish; and
Registration to become a registered user of the Site.
Personal Information may also be used by USA SB SD to contact you regarding other products and services that may be of interest to you. At any time, however, you may opt out of such future contact. (See "Who to Contact" below.)
At times we may retain third parties to analyze data we collect on our Site, including Personal Information, solely to help us improve our services or products and our Site. In addition, if you order a product or service from us, we may share Personal Information with suppliers and other third parties to allow delivery of such product or service. These suppliers and other third parties are not authorized by us to use your Personal Information in any other way.
Finally, please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order.
Other Information We May Collect
In addition, we are constantly trying to improve how we promote our Site. To help us do this, we may measure the effectiveness of our web presence by determining what you clicked on to get to our Site.
Information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using and the type of computer operating system you are using may also be collected and linked to your Personal Information. This is to ensure that our Site presents the best web experience for visitors, and that it is an effective information resource.
Security of Information
All Personal Information is maintained in confidence by USA SB SD, and USA SB SD will take reasonable precautions to prevent unauthorized access, modification or misuse of your Personal Information.
Special Rules for Children
Because of federal law, we cannot collect any personal information from a child under the age of thirteen without the consent of that child's parent. USA SB SD encourages parents and guardians to spend time online with their children and to participate in the activities offered on the Site. We encourage parents and guardians to take an active role to protect the privacy of their children and to prevent inappropriate use of information about their children. No information should be submitted to or posted at the Site by guests under thirteen years of age without the consent of their parents or guardian. Parents and guardians should instruct their children never to give out real names or any other identifying information over the Internet without first getting parental permission.
Unless otherwise disclosed during collection or in this Policy, USA SB SD does not provide to any third party for any purpose whatsoever any Personal Information, regardless of its source, from our guests under thirteen years of age.
The Site contains links to other sites produced by USA SB SD or unrelated third parties. Please note that USA SB SD is not responsible for the privacy practices of third party websites. We encourage you to be aware of this when you leave the Site and to read the privacy policies of every website that collects personally identifiable information from you. This Policy applies only to the Site.
Changes in Our Policy
USASSDA reserves the right to modify or remove this Policy at our discretion. We will post any modification to the Policy here at this Site and we encourage you to visit this area frequently to stay informed.
Who to Contact
Please write to us at the USA Softball of South Dakota, PO Box 606, Spearfish, SD 57783. You may call us at 605-642-3576 if you have any comments or questions about this Policy or to report any violations of the Policy.
Again, USA SB SD is committed to protecting your privacy in connection with our Site. Please do not hesitate to contact us if you have any questions, comments or concerns about this Policy.
Legal Notice Concerning the Web Site
USA Softball of South Dakota ("USA SB SD") 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.
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 USA SB SD 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 USA SB SD makes reasonable efforts to include only accurate and up-to-date content on the Site, USA SB SD makes no warranties or representations as to the accuracy or completeness of any of the Content. USA SB SD 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 USA SB SD 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 USA SB SD 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 USA SB SD 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 USA SB SD, 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 USA SB SD for any purpose, and USA SB SD 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.
USA SB SD 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 USA SB SD for any liability or loss suffered or incurred by ASA as a direct or indirect result of your posting or transmission of any Message.
Except as otherwise noted, all trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including without limitation USA SB SD, 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 USA SB SD 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 USA SB SD of any other site. USA SB SD 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 USA SB SD harmless for any loss directly or indirectly related to such risks.
USA SB SD 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 USA SB SD. 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 USA SB SD 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, USA SB SD 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: Director of Marketing, 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 USA SB SD 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.
USA SB SD may change, suspend or discontinue any aspect of the Site at any time, including the availability of any site feature, database, or content. USA SB SD 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 USA SB SD, 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 USA SB SD believes is harmful to other customers, to USA SB SD'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.
USA Softball of South Dakota State Commissioner
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