PLEASE READ THESE TERMS OF
USE ("TERMS") CAREFULLY BEFORE ACCESSING OR
PARTICIPATING IN "THE UMP ASSIGNER".
BY USING AND PARTICIPATING
IN THESE SITES, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS
AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT
AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT ALL
SITES. "THE UMP ASSIGNER" OR CHARLES W. FRYE
(HEREINAFTER REFERRED TO AS "THE UMP ASSIGNER")
RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND
WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ON-LINE AT
THIS SITE OR ELSEWHERE ON-LINE. BY CONTINUING TO ACCESS A
SITE AFTER NOTICE OF SUCH MODIFICATIONS, YOU SIGNIFY YOUR
AGREEMENT TO BE BOUND BY THEM.
1. Disclaimer.
This site contains
unmoderated forums and private messaging containing the
personal opinions and other expressions of the person(s)
posting entries on a wide range of topics. Neither the
content of these Sites, nor the links to other web sites,
are screened, approved, reviewed or endorsed by The Ump
Assigner or affiliated entity. The Ump Assigner
is not a publisher of any of the content of the message
boards or private messaging, or of any content that may be
available through links to and from them, and is acting
solely as an internet service provider. 47 U.S.C.
§ 230(c)(1).
The text and other
material on these Sites are the opinion of the specific
author and are not statements of advice, opinion, or
information of The Ump Assigner. If you feel you
might be offended by the content of the Sites, you should
not continue.
2. Limitation of Use.
You may use Sites for
legal purposes only. Furthermore, you agree that, if a third
party claims that any material you have contributed to a
Site is unlawful, you will bear the burden of establishing
that the material complies with all applicable laws. If you
add content to a Site, you agree that such content will be
in the public domain and you will not claim to own or to
have exclusive copyrights or trademark rights in such
content. You may not use The Ump Assigner resources
or Sites to disseminate unsolicited advertising,
copyrighted, or promotional material of any kind.
3. Choice of Law/Forum Selection.
You agree that any dispute
arising out of or relating to these Terms or any content
posted to a Site, including copies and republication
thereof, whether based in contract, tort, statutory or other
law, will be governed by the laws of the State of
California, excluding its conflicts of law provisions. You
further consent to the personal jurisdiction of and
exclusive venue in the federal and state courts located in
and serving San Joaquin County, California as the legal
forum for any such dispute.
4. Warranty/Limitation of
Liability.
Sites are provided
"As Is." Use of information obtained from or
through these Sites is at your own risk. The Ump Assigner
does not warrant, and hereby disclaims any warranties,
either express or implied, with respect to any Site,
including but not limited to warranties of accuracy,
completeness, noninfringement, merchantability or fitness
for a particular purpose of any information obtained from a
Site or a link to it. The Ump Assigner does not
warrant that Sites will operate in an uninterrupted or
error-free manner or that Sites are free of viruses or other
harmful components.
The Ump Assigner does not
guarantee assignments or payment of fees owed. All
monetary transactions are exclusive agreements between the
assigning entity and the assigned party. The Ump
Assigner website is never the assigning entity.
YOU AGREE THAT THE UMP
ASSIGNER WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR
RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S)
USE OR INABILITY TO USE A SITE, OR TO YOUR PLACEMENT OF
CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION
OBTAINED FROM OR THROUGH A SITE. IN PARTICULAR, THE UMP
ASSIGNER WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL,
INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED
TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR
INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR
RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE A
SITE, OR TO YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR
RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE,
WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW,
EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE
AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH
LIABILITY.
5. Indemnification.
You agree to indemnify and
hold THE UMP ASSIGNER harmless from any claims,
losses or damages, including legal fees, resulting from your
violation of these Terms, your use of a Site or your
placement of any content onto a Site, and to fully cooperate
in THE UMP ASSIGNER's defense against any such
claims.
6. Privacy Statement
The Ump Assigner
is firmly committed to protecting your privacy. This
statement is our commitment to your privacy.
Much of the personal
information collected by or furnished to this website is
sensitive. Information you provide or provided to this
site including, but not limited to your name, address, phone
number, email address, other identifying information may be
displayed to other users of this site. You may modify the
information displayed with the exception of your email
address, which is required. The Ump Assigner can not make
any guarantees with regards to the use of your personal
information by other users of The Ump Assigner. The Ump
Assigner will never sell, transmit, or furnish your
personal information to non affiliated entities without your
express consent. You will receive emails from this
website related to functions of the site and communications
from staff. You agree to receive these emails. As
a user of this site, you agree that you will not furnish
other users information to any party without the express
consent of that other user.
The Ump Assigner reserves
the right to disclose information as a special circumstance
if we have reason to believe that disclosing this
information is necessary to identify, contact, or bring
legal action against someone who may be causing injury to
our users, violating our terms of use, violating our privacy
policy, infringing on our copy rights, interfering with our
business, interfering with the functionality of the site, or
causing interference with (either intentionally or
unintentionally) The Ump Assigner's rights or
property or that of other users of this site, or anyone else
that could be harmed by such activities. The Ump Assigner
may disclose or access account information when we believe
in good faith that the law requires it and for
administrative and other purposes that we deem necessary to
maintain, service and improve our products and services.
7. Cookies
This site may at times use
cookies. Click
Here for more information on Cookies.
8. User Tracking and Passwords
The Ump Assigner
may monitor your activities and log such activities for
security, development, and trouble shooting purposes. The
Ump Assigner does not monitor, moderate, or track your
private messages. Information logged by The
Ump Assigner may include but is not limited to areas of
the site you visit, actions you take, modifications you make
to the site or data, and your IP address.
Your password is stored on the server encrypted using a
programming encryption method. The Ump Assigner
does not log, decrypt for display, or track your password.
It is never necessary for The Ump Assigner staff to
ask you for you password. The Ump Assigner
staff cannot view your password. Do not divulge your
password to any one asking for your password. Do not
post or transmit your password using The Ump Assigner
except for at the initial login page.
9. Minors
This site is not intended
to be used by persons under 18 years of age.
10. Other sites
Other sites may be linked
from this site. Information and content of those sites
is under the control of those parties. You are encouraged to
view their privacy policies and terms of use.
11. Opting out
You may opt out of
participation of this website by notifying GSJUA staff
members.
12. Copyright
The programming, content,
display, logos, images, and output are the exclusive
property of Charles W. Frye. Charles W. Frye maintains the
copyright to and all rights thereof. Copyright ©
2008, All rights reserved by Charles W. Frye. Greater
San Joaquin Umpire Association is a licensee, permitted to
use this program by agreement between Charles W. Frye and
the Greater San Joaquin Umpire Association. Use of
this program for purposes outside of the Greater San Joaquin
Umpire Association constitutes an infringement of copyright
and a violation of the terms of use. You may not ascertain,
distribute, modify, share, transmit, use, or publish the
source code for this site. The source code is an
unpublished work. The copyright protections, guarantees, and
remedies are governed by 17
U.S.C. § 301(a).
More on The Ump
Assigner Copyright.
13. Your Agreement
By continuing to access
this site, you agree to be bound by the above terms and
policies.
