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Terms & Conditions

TERMS

Welcome to CollegeBaseballOpenings.com (referred to as “CBO”, “we”, or “us” or “Company”). This page explains the terms by which you may use our website, access our information and any other content provided on or in connection with our website. By accessing or using the service, you indicate that you have read, understood, and agree to be bound by this Terms of Agreement (“Agreement”) and to the collection and use of your information as set forth in the College Baseball Openings Privacy Policy. CBO reserves the right to make unilateral modifications to these terms and it is the user’s responsibility to regular check for any updates. This Agreement applies to all who access CollegeBaseballOpenings.com.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION AS IT IS INCLUDED IN THIS AGREEMENT:

1. Use of Our Website CBO provides college Baseball recruiting information for student-athletes or parents-of, to communicate with colleges they wish to play for while attaining their college education. We only provide information for you to use as a tool to getting recruited. We do not guarantee that colleges will contact you back.

A. Eligibility This is a contract between you and CBO. You must read and agree to these terms before using the College Baseball Openings website. Any use or access to the website by anyone under 13 is prohibited. All users must be 13 years old or over.

B. Access Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, access to use the CBO website for your personal, noncommercial use only. CBO reserves all rights and may terminate this access at any time for any reason or no reason.

C. Profile Accounts Your College Baseballl Openings profile account gives you access to post information and functionality that we may establish and maintain from time to time and at our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. CBO will not be liable for any breach of security or unauthorized use of your account or any losses caused by any unauthorized use of your account.

By providing CBO with your email address you consent to our use of the email address to send you related emails. We may also use your email address to send you other messages. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates or other information that will assist in your recruitment.

D. Rules You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the information in any medium, (2) transmitting spam, chain letters, or other unsolicited email; (3) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website; (4) uploading invalid data, viruses, worms, or other software agents through the website; (5) collecting or harvesting any personally identifiable information, including account names, from the website; (6) using the website for any commercial solicitation purposes; (7) impersonating another person or otherwise misrepresenting your affiliation with a person, conducting fraud, hiding or attempting to hide your identity; (8) interfering with the proper working of the website; (9) accessing any content on the information through any technology or means other than those provided or authorized by CBO; or (10) bypassing the measures we may use to prevent or restrict access to the Information, including without limitation features that prevent or restrict use or copying of any content.

You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to Baseball. You are solely responsible for compliance with these rules.

We may, without prior notice, change the information; stop providing the information or features of the CBO website, to you or to users generally; or create usage limits for the information. We may permanently or temporarily terminate or suspend your access to the website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. CBO shall have no liability for your interactions whilst using the website and accessing the information provided.

2. User Content Areas that allow you to post or provide content such as profile information, videos, images, and other content or information, CBO claim no ownership rights over your content created by you. The user content you create remains yours; however, by providing or sharing user content through the website, you agree to allow others to view, edit, and/or share your user content in accordance with your settings and this Agreement. CBO has the right (but not the obligation) in its sole discretion to remove any user content that is shared via the college baseball openings website.

You agree not to provide user content that: (1) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, (2) may create a risk of any other loss or damage to any person or property; (3) seeks to harm or exploit by exposing inappropriate content, asking for personally identifiable details or otherwise; (4) may constitute or contribute to a crime or tort; (5) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (6) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (7) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (8) contains any information or content that you know is not correct and current or (9) violates any school, governing body or other applicable policy, including those related to cheating or ethics or recruiting. You agree that any user content that you post do not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your user content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such user content and have the power to grant the license granted below.

CBO reserves the right, but is not obligated, to reject and/or remove any user content, that we believe was obtained without the proper permissions and consents, as warranted by you below, You understand that publishing your User Content on the website is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your user content, you affirm, represent and warrant the following:

A. You have the consent of each and every identifiable natural person in the user content, if any, to use such person’s name, information or likeness in the manner contemplated by this Agreement, and each such person has released you from any liability that may arise in relation to such use.

B. You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any user content relating to third parties.

C. To the best of your knowledge, all your user content and other information that you provide to us is truthful and accurate.

CBO takes no responsibility and assumes no liability for any user content. You shall be solely responsible for your user content and the consequences of providing it, publishing it, sharing it, or otherwise making it available, and you agree that we are only acting as an information provider for your online distribution and publication of your user content.

3. Your Responsibilities. In connection with user data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that:

(1) you have obtained such user data lawfully, and such user data does not and will not violate any applicable laws or a third party's proprietary or intellectual property rights.

(2) you shall not provide any user data or content that contains bank account information, credit or debit card information, personal information collected from children under 13, social security numbers, or health or medical information. CBO reserves the right to delete or anonymity such data if discovered.

(3) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your user data that you share with us under this Agreement;

(4) we may exercise the rights to your user data granted under this Agreement without liability or cost to any third party; and

(5) your user data complies with the terms of this Agreement.

5. Our Proprietary Rights The use of the College Baseball Openings content for any purpose not expressly permitted by this Agreement is strictly prohibited.

6. College Baseball Openings Property The website contains data, information, and other content not owned by you. You understand and agree that regardless of terminology used, CBO Property represents a limited license right governed solely by the terms of this Agreement. CBO Property is not redeemable for any sum of money or monetary value from CBO at any time. You acknowledge that you do not own the account you use to access the information, nor do you possess any rights of access or rights to data stored by or on behalf of CBO. You agree that CBO has the absolute right to manage, regulate, control, modify and/or eliminate CBO property as it sees fit in its sole discretion, in any general or specific case, and that CBO will have no liability to you based on its exercise of such right. All data on CBO website is subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON CBO WEBSITE, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON AT CBO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. CBO DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CBO’S WEBSITE.

7. Paid Services

A. Billing Policies. For a fee or other charge, if you elect to pay for the information, you agree to the pricing and payment terms for the reoccurring subscription.

B. Cancellation; No Refunds. It is your sole responsibility to terminate your CBO paid subscription. You may cancel your CBO profile account at any time; however, there are no refunds for cancellation. In the event that CBO suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund for any unused time on a subscription, or subscription fees for any portion,  or any content or data associated with your account, or for anything else.

C. Payment Information. All information that you provide in connection with a monetary transaction interaction must be accurate, complete, and current. You agree to pay all charges incurred by user(s) of your credit card, debit card, or other payment method used in connection with a purchase of a subscription. if your payment method is canceled (e.g. for loss, theft, or expiration) you will need to update your payment information to keep access or re-subscribe.

D. Customer Service. We provide online customer service only. If you have an issue you can contact us through email ([email protected]) only. College Baseball Openings does not provide customer service over the phone.

8. No Professional Advice CBO provides no professional information or advise. No action should be taken based upon any information contained on the website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area you seek advice.

PRIVACY By using CBO website you understand that by using you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy by us.

9. Security We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10. Third-Party Links and Information The website may contain links to third-party materials that are not owned or controlled by CBO. CBO does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the CBO website or share your user content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and CBO’s Privacy Policy do not apply to your use of such sites. You expressly relieve CBO from any and all liability arising from your use of any third-party website, service, or content, including without limitation user content submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on or through the website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CBO shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11.Indemnity You agree to defend, indemnify and hold harmless CBO and its subsidiaries, agents, licencors, managers, and other affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the website, including any data or content transmitted or received by you; (2) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (4) your violation of any applicable law, rule or regulation; (5) User content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (6) your willful misconduct; or (7) any other party’s access and use of the website with your unique username, password or other appropriate security code.

12. No Warranty THE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE & INFORMATION ACCESS IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CBO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENCORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the internet and/or the website. The CBO website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of CBO, access to the website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, CBO shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT CBO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.  CBO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CBO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT CBO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENCORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL CBO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. Arbitration. For any dispute with CBO, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally.

15. Entire Agreement/Severability. This Agreement shall constitute the entire agreement between you and CBO concerning the use of the website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

16Contact. Please contact us at [email protected] with any questions regarding this Agreement

This Agreement was last modified on May 2, 2023.