Appalachian League Terms of Use

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER MLB DRAFT LEAGUE OR APPALACHIAN LEAGUE (DEFINED BELOW) PRODUCT OR SERVICE.

1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

MLB Professional Development Leagues, LLC (“MLB PDL”), on behalf of, respectively, 1) PBR Tournaments, LLC, the Middle Atlantic League, Inc., and each of the baseball clubs participating in the MLB Draft League (each an “MLB Draft League Club” and collectively the “MLB Draft League Clubs”) (MLB PDL, PBR Tournaments, LLC, Middle Atlantic League, Inc. and the MLB Draft League Clubs, together, the “MLB Draft League Entities”); and 2) Appalachian League, Inc. ( “Appalachian League”), the United States Baseball Federation, dba USA Baseball (“USA Baseball”), and each of the baseball clubs participating in the Appalachian League (each a “Appalachian League Club” and collectively the “Appalachian League Clubs”) (MLB PDL, Appalachian League, USA Baseball, and the Appalachian League Clubs, collectively, the “Appalachian League Entities,” and the MLB Draft League Entities and Appalachian League Entities, collectively, the “Site Operators”) are the organizations that produce and publish, respectively, 1) the Official Website of MLB Draft League, which encompasses MLBDraftLeague.com, the Official Websites of the MLB Draft League Clubs, the Official Websites of the MLB Draft League, and the Official Websites of certain other MLB Draft League-related properties offered by the Site Operators, if any; and 2) the Official Website of the Appalachian League, which encompasses AppyLeague.com, the Official Websites of the Appalachian League Clubs, the Official Websites of the Appalachian League, and the Official Websites of certain other Appalachian League-related properties offered by the Site Operators, if any (collectively, this "Website"), and any applicable downloadable mobile applications available from third party application storefronts (if any, "Application(s)"). This Agreement is applicable to this Website, the Applications and all products and services provided and/or distributed (whether via this Website or elsewhere) by the Site Operators which link to this Agreement, all of which may be referred to herein as the “MLB Draft League Properties” or the “Appalachian League Properties,” as applicable; collectively as the "MLB Draft and/or Appalachian League Properties" and/or individually as an "MLB Draft League Property or “Appalachian League Property,” as applicable. Where used in this Agreement, "MLB Entities" means MLB Advanced Media, L.P., MLB PDL, the Office of the Commissioner of Baseball, the thirty (30) Major League Baseball clubs (the "MLB Clubs"), Major League Baseball Properties, Inc., The MLB Network, LLC, and Tickets.com, LLC. By using this Website or the other MLB Draft League and/or Appalachian League Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the MLB Draft League and/or Appalachian League Properties.

Except for Submitted Content (defined below), if any, the MLB Draft League and/or Appalachian League Properties are either owned by or licensed to the applicable MLB Draft League Entity(ies) and/or Appalachian League Entity(ies). The applicable owners and licensors retain all rights to the MLB Draft League and/or Appalachian League Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the MLB Draft League and/or Appalachian League Properties on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the MLB Draft League and/or Appalachian League Properties without first obtaining the written permission of the applicable MLB Draft League and/or Appalachian League or otherwise as expressly set forth in the terms and conditions of the applicable MLB Draft League and/or Appalachian League Properties. The MLB Draft League and/or Appalachian League Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the MLB Draft League and/or Appalachian League Properties. By using this Website or the other MLB Draft League and/or Appalachian League Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.

You must not use the MLB Draft League and/or Appalachian League Properties or any Community Features (defined below), if any, to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of the Site Operators, MLB Entities or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other MLB Draft League and/or Appalachian League Properties, imposes an unreasonable or disproportionately large load on this Website's or the other MLB Draft League and/or Appalachian League Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other MLB Draft League and/or Appalachian League Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects the Site Operators’ businesses or is otherwise objectionable in the Site Operators’ sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other MLB Draft League and/or Appalachian League Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).

Any third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the MLB Draft League and/or Appalachian League Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a device except for personal and non-commercial use. No third party provider of Third Party Materials will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), the applicable MLB Draft League Entities and Appalachian League Entities have designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other MLB Draft League and/or Appalachian League Properties (the "Designated Agent"). All such notifications relating to this Website or the other MLB Draft League and/or Appalachian League Properties must be a written communication and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. 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.

C. 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 applicable Site Operators to locate the material.

D. Information reasonably sufficient to permit the applicable Site Operators to contact the complaining party, such as an address, telephone number, and/or electronic mail address.

E. 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.

F. 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.

Claims of infringement which include the above required information must be submitted via postal mail or e-mail to MLB Draft League Entities' and the Appalachian League Entities’ Designated Agent as follows:

Service Provider: MLB Professional Development Leagues, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:

MLB Draft League Properties:

MLB Draft League Properties
c/o MLB Professional Development Leagues, LLC
1271 Avenue of the Americas
New York, NY 10020
United States of America

E-mail Address of Designated Agent: help@mlbdraftleague.com

Appalachian League Properties:

Appalachian League Properties
c/o MLB Professional Development Leagues, LLC
1271 Avenue of the Americas
New York, NY 10020
United States of America

E-mail Address of Designated Agent: appyleague@mlb.com

3. COMMUNITY FEATURES

The MLB Draft League and/or Appalachian League Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, if any, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, if any, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features (if any) in a responsible manner. The MLB Draft League and/or Appalachian League Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products (if any, "Third Party Social Networking Features"). Any use of Third Party Social Networking Features on this Website is subject to the then current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

None of the Site Operators nor any of such entity’s third-party providers (the "Vendors") monitor, endorse, edit or screen your Submitted Content (if any), although the Site Operators and the Vendors reserve the right to do so, and neither any of the Site Operators nor any Vendors shall be liable for any Submitted Content. You acknowledge that your Submitted Content (if any) is not confidential and that any Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features (if any), no confidential, fiduciary, contractually implied or other relationship is created between you and the Site Operators or any Vendors other than as expressly set forth in this Agreement. You acknowledge that the Site Operators are not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to the MLB Draft League and/or Appalachian League Properties under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If the Site Operators determine, in their sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, the Site Operators reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other MLB Draft League and/or Appalachian League Properties; and/or (d) use any technological, legal, operational or other means available to Site Operators to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other MLB Draft League and/or Appalachian League Properties.

You are solely responsible for your interactions with other users of the MLB Draft League and/or Appalachian League Properties.

We reserve the right, but have no obligation, to monitor disputes between you and other users.

By transmitting your Submitted Content via the Community Features (if any), you grant, and represent and warrant that you have the right to grant, to the Site Operators a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.

4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES (IF ANY); CUSTOMER SERVICE CONTACT INFORMATION

From the Ticketing sections of certain MLB Draft League and/or Appalachian League Properties, you may, among other things, be offered the opportunity to purchase tickets for MLB Draft League and/or Appalachian League games supplied by MLB Draft League, the Appalachian League, and/or the applicable MLB Draft League Clubs or Appalachian League Clubs, respectively, as applicable (collectively, if any, "Tickets"). Via certain MLB Draft League and/or Appalachian League Properties, you may be able to subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, if any, "Services"). In addition, you may be able to buy MLB Draft League and/or Appalachian League products and services from locations other than this Website or the other MLB Draft League and/or Appalachian League Properties as well as other third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, Ticket sales websites and other third party digital locations (collectively, if any, "Third Party Sales Locations"). Products purchased via the MLB Draft League and/or Appalachian League Properties, if any, are collectively referred to herein as "Merchandise".

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. EACH OF THE SITE OPERATORS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.

The Services and all other products (if any) offered via the MLB Draft League and/or Appalachian League Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

A. Price Modifications; Merchandise and Services Availability

The applicable Site Operators reserve the right to modify the price of any Services, Tickets, Merchandise or any other products offered via the MLB Draft League and/or Appalachian League Properties, if any. The Site Operators are not responsible for any error in copy or images relating to any Services, Tickets, Merchandise or any other products (if any) offered via the MLB Draft League and/or Appalachian League Properties. Any auction or offer to sell any Services, Tickets, Merchandise or any other products (if any) offered via the MLB Draft League and/or Appalachian League Properties, may be discontinued at any time in the applicable Site Operators’ sole discretion.

With respect to Merchandise offered and/or sold via any shopping experience offered on the MLB Draft League and/or Appalachian League Properties (but, not, for clarity, any Third Party Sales Location), if any, we cannot confirm the price or availability of an item until you order; however, we do NOT charge your credit or debit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, it may happen that an item offered from the MLB Draft League and/or Appalachian League Properties or in a printed catalog (if any) may be mispriced. If we discover a mispricing, we will do one of the following:

· If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

· If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

The Services and any other applicable products offered via the MLB Draft League and/or Appalachian League Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

B. Required Notices of Certificates of Authenticity

With respect to the sale of certain Merchandise via auction to residents of the State of California, if any, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.

With respect to the sale of certain Merchandise on the MLB Draft League and/or Appalachian League Properties, if any, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

The certificates of authenticity referenced above (if any) will be provided in the form of a certificate of authenticity or as a unique hologram affixed to any applicable item itself. Each hologram bears a unique tamper-proof identification number that upon entry in the applicable database will provide the name of the signer and the date the item was signed. Each item and its unique identification number is processed and posted on the official program pages.

C. Customer Service

Should you have any questions about the products and/or Services made available via the MLB Draft League Properties, please email help@mlbdraftleague.com. Should you have any questions about the products and/or Services made available via the Appalachian League Properties, please e-mail appyleague@mlb.com.

D. Purchasing; Price; Payment

In order to purchase Services, Tickets, Merchandise or any other products via the MLB Draft League Properties or via Third Party Sales Locations, if any, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information and shipping address. The MLB Draft League Properties and Appalachian League Properties Privacy Policy explains how such information collected via the MLB Draft League and/or Appalachian League Properties may be collected and used by the applicable Site Operators. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase Merchandise, Tickets, Services and/or any other products offered via the MLB Draft League and/or Appalachian League Properties (if any) is subject to limits established by your card issuer. You must notify the Site Operators immediately of any change in your payment card information, including any change to your home address. The applicable Site Operators may bill your payment card at the time the Services, Merchandise, Tickets or any other products offered via the MLB Draft League and/or Appalachian League Properties (if any) are ordered or shipped, and the appropriate Draft League Club and/or Apply League Club may bill your payment card at the time your Tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. The applicable Site Operators may in their sole discretion decline service to or terminate any account. Neither any of the Site Operators nor any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any Services, Tickets, Merchandise or any other products offered via the MLB Draft League and/or Appalachian League Properties (if any), you acknowledge and agree that your payment card is being charged by the payment processor of the applicable Site Operator(s) or its or their Vendor(s), the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."

By utilizing a payment card for purchase of any Services or any other applicable products offered via the MLB Draft League and/or Appalachian League Properties, if any, you authorize the applicable Site Operators to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).

E. Sales Tax

For certain purchases of Services, Tickets, Merchandise made via the MLB Draft League and/or Appalachian League Properties and(if any) /or Vendor-operated MLB Draft League and/or Appalachian League Properties, if any, the Site Operators may be required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the MLB Draft League and/or Appalachian League Properties, if any, are not exempt from sales or use taxes simply because they are made from the Internet or because the Site Operators are not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by the Site Operators and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by the Site Operators in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

For Oklahoma purchasers, applicable use tax on purchases made via the MLB Draft League and/or Appalachian League Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.

For South Dakota purchasers, any applicable sales or use taxes on purchases made via the MLB Draft League and/or Appalachian League Properties may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, www.state.sd.us/drr.

F. Notifications and Other Terms and Conditions

By accepting this Agreement, you agree that any of the Site Operators may notify you about changes to prices and/or Services, Tickets and other products (if any) by sending an e-mail message to your e-mail address on file with the applicable Site Operators, and by publishing such notices from time to time on the informational page(s) of the MLB Draft League and/or Appalachian League Properties applicable to the Services. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or MLB Draft League and/or Appalachian League Properties, the terms and conditions of the applicable Service or MLB Draft League and/or Appalachian League Properties will govern.

Programming, pricing, terms and conditions of Services, Tickets and other products offered via the MLB Draft League and/or Appalachian League Properties, if any, are subject to availability and change. Certain Services, Tickets and other products offered via the MLB Draft League and/or Appalachian League Properties other than this Website (if any) may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such Services, Ticket or MLB Draft League and/or Appalachian League Properties to determine the policies applicable for such other MLB Draft League and/or Appalachian League Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, Ticket, other product or MLB Draft League and/or Appalachian League Properties, the terms and conditions of the applicable Service, Ticket, other product or MLB Draft League and/or Appalachian League Properties will govern.

5. VOTES; CONTESTS; SWEEPSTAKES

This Website and other MLB Draft League and/or Appalachian League Properties may offer you opportunities to vote in connection with certain events and also to participate in contests, sweepstakes or other promotions. By participating in any such event, if any, you signify your agreement to all special terms set forth on this Website and/or the other applicable MLB Draft League and/or Appalachian League Properties applicable to the event as well as the terms of this Agreement.

6. LINKING

This Website and the other MLB Draft League and/or Appalachian League Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or MLB Draft League and/or Appalachian League Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by MLB Draft League, any of the Appalachian League, or any of the other Site Operators or MLB Entities of any such third party website or content. The Site Operators and MLB Entities are not responsible for the availability of these third party resources, sales locations, social networks or their contents. You should direct any concerns regarding any external link to this website administrator or Webmaster of the applicable third-party website or location.

7. DISCLAIMER OF WARRANTIES

A. USE OF THIS WEBSITE, ALL OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED HEREIN AND THEREIN (IF ANY, AS APPLICABLE) ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY ANY MLB DRAFT LEAGUE ENTITY AND/OR APPALACHIAN LEAGUE ENTITY AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. THE SITE OPERATORS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.

8. LIMITATIONS ON LIABILITY

NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES OR ANY ACT OR FAILURE TO ACT BY ANY OF THE SITE OPERATORS OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
IN NO EVENT SHALL ANY SITE OPERATORS OR ANY MLB ENTITIES BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES,TICKETS, MERCHANDISE.
IN NO EVENT SHALL ANY OF THE SITE OPERATORS, ANY OF THE MLB ENTITIES, ANY OF ITS OR THEIR AFFILIATES OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR SERVICES, TICKETS OR MERCHANDISE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY OF THE SITE OPERATORS OR MLB ENTITIES, ITS OR THEIR AFFILLIATES OR ANY VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE SITE OPERATORS, MLB ENTITIES, OR ITS OR THEIR AFFILIATES AND VENDOR IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE SITE OPERATORS, MLB ENTITIES, AND ITS OR THEIR AFFILIATES OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES IS $50.
IN NO EVENT SHALL THE SITE OPERATORS, MLB ENTITIES, OR ITS OR THEIR AFFILIATES BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

9. INDEMNIFICATION

You hereby agree to indemnify and hold the Site Operators, MLB Entities and their affiliates harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other MLB Draft League and/or Appalachian League Properties, any products, Services, Tickets or Merchandise purchased via this Website or the other MLB Draft League and/or Appalachian League Properties (if any); or (B) any alleged breach of this Agreement by you.

10. TERMINATION

The applicable Site Operators may change, suspend or discontinue any aspect of this Website or the other MLB Draft League and/or Appalachian League Properties at any time, including the availability of any product, Merchandise offering, Ticket offering, Service, feature, database or content. The applicable Site Operators may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the MLB Draft League and/or Appalachian League Properties without notice or liability at any time in the applicable Site Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the applicable Site Operators, for any reason or purpose, including, but not limited to, conduct that the applicable Site Operators believe violates this Agreement or other policies or guidelines posted on this Website or via the other MLB Draft League and/or Appalachian League Properties or conduct which the applicable Site Operators believe is harmful to other customers, to MLB Draft League's and/or Appalachian League’s and/or the MLB Entities’ businesses, or to other information providers. In addition, this Agreement may be immediately terminated at any time by the Site Operators in their sole discretion. In addition and without prejudice to any other remedy available to any of the Site Operators, the Site Operators may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by the Site Operators in the MLB Draft League and/or Appalachian League Properties.

11. CHOICE OF LAW

Any and all Claims (as defined below) arising out of or related to this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York applicable to contracts entered into and performed exclusively in that State.

12. ARBITRATION; CONSENT TO JURISDICTION IN NEW YORK; ATTORNEYS' FEES

A. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the MLB Draft League and/or Appalachian League Properties (including all commercial transactions conducted through the MLB Draft League and/or Appalachian League Properties, if any) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and the Site Operators waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.

B. Subject to the limitations set forth below in this Section 12.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that:

The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Site Operators agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

C. For any Claims that are not subject to arbitration: (1) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New York County, New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (2) you and the Site Operators waive any and all rights to trial by jury with respect to any Claims.

D. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 12, or initiates a proceeding involving a Claim under Section 12.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.

E. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the applicable Site Operator(s) with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

13. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Site Operators in their sole discretion may amend this Agreement, and your use of this Website or the other MLB Draft League and/or Appalachian League Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12, 13 and 14 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

14. ACCEPTANCE OF TERMS OF USE

BY USING THIS WEBSITE AND/OR THE OTHER MLB DRAFT LEAGUE AND/OR APPALACHIAN LEAGUE PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other MLB Draft League and/or Appalachian League Properties. The Site Operators may change the terms of this Agreement at any time, and your use of this Website and/or the other MLB Draft League and/or Appalachian League Properties after such changes are posted will mean that you accept them.

15. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of this Website and the other MLB Draft League and/or Appalachian League Properties 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., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

LAST UPDATED: May 25, 2022.