COMMONWEALTH LEAGUES UTD.
terms & conditions
Use of Website
This website is operated by Commonwealth Leagues United (“CLUnited”). Throughout the site, the terms “we”, “us” and “our” refer to CLUnited. CLUnited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. TheseTerms applyto all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our website or services/products/content for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use and may result in legal damages.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
In the event products or services are added to this website by us for sale, prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CLUnited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmlessCLUnited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of St. Louis City, the State of Missouri, and the United States of America.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at email@example.com.
ARTICLE 1 | The Agreement
I, the individual participating in a Commonwealth Leagues United (“CLUnited”) summer collegiate baseball league, either Lewis & Clark Baseball League (“LCBL” or Thin Air Baseball League (“TABL”) (hereafter, “a CLUnited league”) during Summer 2016, and, if necessary due to my age of minority, mental incapacity, or any other reason, my parent(s) and/or guardian(s), third-party registrant(s), or anybody else who is contracting on my behalf (individually or collectively, “I”) in regards to my participation in CLUnited league, hereby agree to play baseball in CLUnited league during the Summer of 2016.
I understand this season shall commence on or around May 25, 2016 and conclude on or around August 10, 2016, and I commit myself to its entirety. I hereby certify that all the information contained herein accurate, and I have status as an amateur player.
I further certify that I am eligible to play as determined by the NCAA, NAIA, NJCAA, and/or any other applicable collegiate certification body, including the conference of which my college/university is a member.
In so doing, I agree to pay the 2016 Registration Fee (“Reg Fee”) in full, plus any applicable taxes, fees, or the like, and agree to participate in the fundraising program administered by CLUnited. If I wish to pay with cash, I must do so via a bank debit card bearing Visa or MasterCard and acknowledge that paper checks or actual money will not be accepted.
Through this contract I commit myself to play baseball in a CLUnited league during the 2016 summer season. I also agree to pay my Reg Fee by May 15, 2016, via either: (a) one lump sum payment; or (b) via a series of structured payments over several months (“installment plan”). I understand that the installment plan will require me to pay more than the lump sum payment in order to cover associated costs and fees incurred by CLUnited league, and I understand and accept that I am obligated to pay the entire Reg Fee even if I decide to no longer play baseball in CLUnited league during Summer 2016 for any reason or no reason at all.
Further, I acknowledge that I have read, and I understand and accept, CLUnited’s “Refund/Deregistration Policy” contained in a separate document, but incorporated into this contract. In summary, this policy explicitly states that CLUnited cannot and will not issue refunds except on a rarely employed medical exemption, and that even if I elect, for whatever reason or no reason, not to play in a CLUnited league in 2016, or cannot play, for whatever reason or no reason, in a CLUnited league in 2016, I will still pay the totality of my Reg Fee. This is true whether I play one, all, or no games.
I also agree to pay an Apparel Fee, should my team so require, no later than March 15, 2016. I hereby expressly permit CLUnited to charge, debit, withdraw, and/or transact (as may be appropriate) my credit card, check card, bank account, or other payment method provided during this registration process, for this Apparel Fee up to $350 in the event that I fail to pay the fee by the stated deadline.
If I fail to pay the Reg Fee, or I fail to pay the Reg Fee by the established deadlines, I agree to incur a penalty of twenty (20) percent per month (cumulative), and that I expressly permit CLUnited to submit my non-payment for collection and/or subject the non-payment to the judicial process.
I hereby acknowledge, understand, and agree that my participation in a CLUnited league is at my own cost and risk, and that I am not entitled to any compensation or remuneration, of any nature, for any reason related to my participation. I also agree to abide by the CLUnited Handbook or a CLUnited league handbook, of which I will receive a copy of electronically before the commencement of the summer season. This will require me, amongst other things, to take proper care of my uniform and other equipment that is issued to me and return it to the proper team officials upon request. I understand this Handbook, upon its publication and delivery to me, is hereby incorporated into this contract.
I hereby grant permission to any CLUnited or CLUnited league Official, Officer, Manager, Coach, Trainer and/or Medical Staff to obtain medical care for me from Miller Orthopedics, emergency medical personnel, or a hospital and/or medical clinic in the event that I am injured or become ill while involved in any capacity with CLUnited league games. I also certify that I possess medical insurance, and/or accept full financial responsibility for any and all medical care consumed by me, whether voluntary or not, as a result of participating in the CLUnited league.
Additionally, I agree that, should I so require sports medical attention from May 25, 2016 until August 10, 2016, I will in ALL cases where I suspect I have a baseball-related injury, seek sports medical attention from Miller Orthopedics in Chesterfield, Mo., unless Miller Orthopedics refers me to another medical provider that may include a sports medicine provider with whom I have an ongoing relationship.
I, my parents and/or guardians, and my heirs and assigns, hereby agree to release, absolve, indemnify and hold harmless CLUnited, its leagues, my team, national affiliation organization, and any other individual, entity, and/or facility directly involved in CLUnited from any claim arising out of any injury, accidents, or loss arising from negligence on the part of my team, CLUnited, a CLUnited league, or any individual, entity, and/or facility involved with CLUnited.
I also hereby acknowledge, understand, and accept that CLUnited might require me to sign additional waivers, statements, and agreements and/or other similar documents governing my participation in a CLUnited league, and expressly agree that I will expeditiously do so upon CLUnited’s request. If I fail to sign such documents when proffered to me, I understand I will be ineligible to participate in a CLUnited league and waive any recollection of my Reg Fee.
ARTICLE II | Acknowledgements and Agreements
Just so this is clear, I understand and accept CLUnited league’s Refund Policy.
I also agree to register or that have registered with CLUnited clunited.org.
CLUnited, its league(s), my team(s), and I agree to enter into this Agreement voluntarily and I agree to read and accept the Waiver/Release below.
ARTICLE III | Consents & Disclosures - Waiver & Release
For the purposes of this document, “Player” means the individual participating in the Lewis & Clark Baseball League (“CLUnited league”) during Summer 2016, and, when a section below refers to off-field, "Player" shall include any parent and/or guardian of said individual, third-party registrant of said individual, and/or anybody else who might or is acting on said individual’s behalf as it relates to participation in a CLUnited league.
In the unlikely event a medical emergency arises during a sanctioned practice (including weekly optional/mandatory workouts) or game, the Commissioner (or his proxy), Manager or Assistant Coach(es) will immediately contact 9-1-1 and Player will be taken to the nearest hospital for medical care.
he Player or the Player’s parent or guardian carry and maintain health insurance that provides coverage on behalf of Player and/or agree to be responsible for any and all medical bills Player may incur as a result of participating in the CLUnited league.
In case of injury to Player, the Player or the Player’s parent or guardian will apply hospitalization and/or accident insurance toward payment of the expenses incurred and will not look to CLUnited league for the payment of any medical costs or injury-related costs.
It is critical for the CLUnited league, Commissioner (or his proxy), Manager, or Assistant Coach(es) to be made aware by the Player of any pre-existing medical conditions Player may have prior to participating in any and all sanctioned CLUnited league activities, up to and including illness, general aches and pains, blisters on the hands or feet, and any other ailment that could be further aggravated by proceeding in CLUnited league activities, such as practice and games.
Player agrees to inform CLUnited league, Commissioner, Manager, and/or Assistant Coach(es) of any pre-existing medical conditions, up to and including the ones described in ¶(2), prior to Player’s activity in CLUnited league practices or games and will hold CLUnited league, Commissioner, Manager, and/or Assistant Coaches harmless for his failure to do so.
Player understands that prior to each practice or game, Player must notify CLUnited league, Manager, or Assistant Coach(es) of any changes to Player’s medical condition.
Helmets must be worn by Player while batting, while standing in the First and Third base coach's boxes, and at any other time the Commissioner, Manager or Assistant Coach(es) deem to be appropriate. Additionally, the Player has inspected and agrees to accept such protective equipment (if any is provided by the CLUnited league) “as is,” and agrees that there are no warranties with respect to such equipment. If Player uses his own helmet, for whatever reason, he agrees to wear such equipment “as is” and CLUnited league offers no warranties with respect to such equipment.
Notice of and Assumption of Risk: Player understands and agrees participation in all CLUnited league-sanctioned activity can be dangerous and may expose the Player to risk of serious bodily injury and possibly death. These risks include, but are not limited to, the possibility of injuries from batted baseballs and baseball bats, vehicle accidents while traveling to and from such activities, and equipment failure. Player understands and agrees that no degree of care or caution can completely eliminate these risks.
Release of Liability: Player hereby releases the CLUnited league from liability for any and all injuries and damages, including death, arising from Player’s participation in any and all athletic activities undertaken sanctioned by the CLUnited league, including the use of any and all equipment provided or furnished to Player, if any. In so doing, Player releases CLUnited league from all liability, including, but not limited to, liability for negligence, failure to warn, product liability and warranty arising out of or in any way connected with Player’s participation in CLUnited league-sanctioned activities.
Player and/or his proxy (“Player”), the undersigned, has carefully read this agreement and fully understands its contents. Player acknowledges he is aware that this is a waiver of liability, release of important legal rights, and a disclaimer of important warranties. By agreeing to register and remit Reg Fee to CLUnited, Player provides an electronic signature on this Agreement in consideration of Player’s participation in CLUnited activities, and that this Agreement is part of an enforceable contract between the undersigned and the CLUnited, which Player signs intentionally, informatively, and voluntarily.
I have read this policy and accept and agree to its contents.
I have valid identification.