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Terms of Use


Terms of Use Agreement

Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PRODUCT OR SERVICE.

  1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
  2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
  3. COMMUNITY FEATURES
  4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES; CUSTOMER SERVICE CONTACT INFORMATION
  5. Price Modifications; Merchandise and Services Availability
  6. Required Notices of Certificates of Authenticity
  7. Customer Service
  8. Purchasing; Price; Payment
  9. Sales Tax
  10. Billing and Automatic Renewal Policies for Certain Subscription Services
  11. Refund Policies for Certain Subscription Services
  12. Notifications and Other Terms and Conditions
  13. Access to Services and Blackout Restrictions
  14. VOTES, CONTESTS, SWEEPSTAKES
  15. LINKING
  16. DISCLAIMER OF WARRANTIES
  17. LIMITATIONS ON LIABILITY
  18. INDEMNIFICATION
  19. TERMINATION
  20. CHOICE OF LAW
  21. ARBITRATION; CONSENT TO JURISDICTION IN NORTH CAROLINA; ATTORNEYS' FEES
  22. MISCELLANEOUS
  23. ACCEPTANCE OF TERMS OF USE
  24. NOTICE FOR CALIFORNIA CONSUMERS
  25. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

Gastonia Professional Baseball, on behalf of "Gastonia Professional Baseball Club", is the organization that produces the Official Website of Gastonia Professional Baseball Club (this "Website"). Use of this Website and all interactive media products and services provided and/or distributed (whether via this Website or elsewhere) by Gastonia Professional Baseball Club are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Gastonia Professional Baseball Club-controlled products or services or Gastonia Professional Baseball Club-operated interactive media locations, will be referred to herein collectively as the "Gastonia Professional Baseball Club Properties" and individually as a "Gastonia Professional Baseball Club Property." By using this Website or the other Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties.

Except for Submitted Content (defined below), the Gastonia Professional Baseball Club Properties are either owned by or licensed to Gastonia Professional Baseball Club. The applicable owners and licensors retain all rights to the Gastonia Professional Baseball Club Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Gastonia Professional Baseball Club Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Gastonia Professional Baseball Club Properties without first obtaining the written permission of Gastonia Professional Baseball Club or otherwise as expressly set forth in the terms and conditions of the applicable Gastonia Professional Baseball Club Properties. The Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties. By using this Website or the other Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties, imposes an unreasonable or disproportionately large load on this Website's or the other Gastonia Professional Baseball Club Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club business or is otherwise objectionable in Gastonia Professional Baseball Club's 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 Gastonia Professional Baseball Club Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).

Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press ("AP") (collectively, the "Third Party Materials"), contained on or incorporated in the Gastonia Professional Baseball Club 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 computer except for personal and non-commercial use. No third party provider, including without limitation AP, 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.

  1. 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"), Gastonia Professional Baseball Club has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Gastonia Professional Baseball Club Properties (the "Designated Agent"). All such notifications relating to this Website or the other Gastonia Professional Baseball Club Properties must be a written communication and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 Gastonia Professional Baseball Club to locate the material.
  4. Information reasonably sufficient to permit Gastonia Professional Baseball Club to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
  5. 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.
  6. 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.
  7. COMMUNITY FEATURES

The Gastonia Professional Baseball Club Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, 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, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The Gastonia Professional Baseball Club 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 ("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.

In order to participate in Community Features and/or certain other Gastonia Professional Baseball Club Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The Gastonia Professional Baseball Club Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable Gastonia Professional Baseball Club Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data, and any other information you provide to Gastonia Professional Baseball Club, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

Gastonia Professional Baseball Club and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although Gastonia Professional Baseball Club and its Vendors reserve the right to do so, and neither Gastonia Professional Baseball Club nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your 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, no confidential, fiduciary, contractually implied or other relationship is created between you and Gastonia Professional Baseball Club or between you and Gastonia Professional Baseball Club's Vendors other than as expressly set forth in this Agreement. You acknowledge that Gastonia Professional Baseball Club is 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 Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club determines, in Gastonia Professional Baseball Club's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties; and/or (d) use any technological, legal, operational or other means available to Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club Properties.

You are solely responsible for your interactions with other users of the Gastonia Professional Baseball Club Properties. You may use various features (e.g., the "Report Violation" feature in the Options menu button within a Discussion string on our Message Boards or the "Report any abuse or spam" hotlink) of certain Community Features to report violators.

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, you grant, and represent and warrant that you have the right to grant, to Gastonia Professional Baseball Club 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.

  1. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

The Gastonia.com Shop allows you to order products supplied by independent merchandise Vendors. Gastonia.com Auctions allows you to purchase merchandise through an auction process. Products purchased via the Gastonia.com Shop and Gastonia.com Auctions are collectively referred to herein as "Merchandise". From the Ticketing sections of certain Gastonia Professional Baseball Club Properties, you can, among other things, purchase tickets for Gastonia Professional Baseball Club games supplied by Gastonia Professional Baseball Club and/or the applicable Gastonia Professional Baseball Club clubs ("Tickets"). Via certain Gastonia Professional Baseball Club Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you can buy Gastonia Professional Baseball Club products and services from locations other than this Website or the other Gastonia Professional Baseball Club Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. GASTONIA PROFESSIONAL BASEBALL CLUB 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 GASTONIA PROFESSIONAL BASEBALL CLUB 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 offered via the Gastonia Professional Baseball Club 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.

  1. Price Modifications; Merchandise and Services Availability

Gastonia Professional Baseball Club reserves the right to modify the price of any Merchandise, Tickets, Services or any other products offered via the Gastonia Professional Baseball Club Properties. Gastonia Professional Baseball Club is not responsible for any error in copy or images relating to Merchandise, Tickets, Services or any other products offered via the Gastonia Professional Baseball Club Properties. Any auction or offer to sell any Merchandise, Tickets, Services or any other products offered via the Gastonia Professional Baseball Club Properties, may be discontinued at any time in Gastonia Professional Baseball Club's sole discretion.

With respect to Merchandise offered and/or sold via the Gastonia Professional Baseball Club Shop, 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, a small number of the items in the Gastonia Professional Baseball Club Shop or in our printed catalogs 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 Gastonia Professional Baseball Club 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.

  1. Required Notices of Certificates of Authenticity

With respect to the sale of certain Merchandise through Gastonia Professional Baseball Club Auctions to residents of the State of California, 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 this Website, the following notice is provided pursuant to North Carolina 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 will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the item itself. Each hologram bears a unique tamper-proof identification number that upon entry in Gastonia Professional Baseball Club's 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, which are accessible through the Gastonia Professional Baseball Club Shop.

  1. Customer Service

Should you have any questions about the purchase of Merchandise via the Gastonia Professional Baseball Club Properties, please call the Shop Customer Service at 410-630-6935.

Should you have any questions about the purchase of Services via the Gastonia Professional Baseball Club Properties, please call 410-630-6935

Should you have any questions about the purchase of downloadable mobile or wireless products via the mobile Gastonia Professional Baseball Club Properties, please call 410-630-6935.

  1. Purchasing; Price; Payment

In order to purchase Merchandise, Tickets, Services or any other products via the Gastonia Professional Baseball Club Properties or via Third Party Sales Locations, 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 Gastonia.com Privacy Policy explains how such information collected via the Gastonia Professional Baseball Club Properties may be collected and used by Gastonia Professional Baseball Club. 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 Gastonia Professional Baseball Club Properties is subject to limits established by your card issuer. You must notify Gastonia Professional Baseball Club immediately of any change in your credit or debit card information, including any change to your home address. Gastonia Professional Baseball Club may bill your credit or debit card at the time the Services, Merchandise, Tickets or any other products offered via the Gastonia Professional Baseball Club Properties are ordered or shipped, and the appropriate Gastonia Professional Baseball Club club may bill your credit or debit 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. Gastonia Professional Baseball Club may in its sole discretion decline service to or terminate any account. Neither Gastonia Professional Baseball Club nor any Gastonia Professional Baseball Club club 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 Merchandise, Tickets, Services or any other products offered via the Gastonia Professional Baseball Club Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of Gastonia Professional Baseball Club or a Gastonia Professional Baseball Club club or its Vendor, 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 credit or debit card for purchase of any Services or any other applicable products offered via the Gastonia Professional Baseball Club Properties, you authorize Gastonia Professional Baseball Club 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). In the event that Gastonia Professional Baseball Club is unable to process charges to your primary credit or debit card on such periodic basis or in such amount, you authorize Gastonia Professional Baseball Club to charge an alternative card saved in the Wallet section of your Gastonia.com account.

If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, Gastonia Professional Baseball Club recommends that you update it as soon as possible. Please also be aware, Gastonia Professional Baseball Club may acquire this current information from our financial services partner and update the Wallet section of your Gastonia.com account to include such revised payment information.

  1. Sales Tax

For certain purchases of Merchandise, Services or Tickets made via the Gastonia Professional Baseball Club and/or Vendor-operated Gastonia Professional Baseball Club Properties, Gastonia Professional Baseball Club is 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 Gastonia Professional Baseball Club Properties are not exempt from sales or use taxes simply because they are made from the Internet or because Gastonia Professional Baseball Club is 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 Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club 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.

  1. F. Notifications and Other Terms and Conditions

By accepting this Agreement, you agree that Gastonia Professional Baseball Club may notify you about changes to prices and/or Services, Tickets and other products by sending an e-mail message to your e-mail address on file with Gastonia Professional Baseball Club, and by publishing such notices from time to time on the informational page(s) of the Gastonia Professional Baseball Club Properties applicable to the Services. It is your responsibility to notify Gastonia Professional Baseball Club of any change in your e-mail address by logging in to the applicable Gastonia Professional Baseball Club Properties and using the online account management tool. 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 Gastonia Professional Baseball Club Property, the terms and conditions of the applicable Service or Gastonia Professional Baseball Club Property will govern.

Programming, pricing, terms and conditions of Services, Tickets and other products offered via the Gastonia Professional Baseball Club Properties are subject to availability and change. Certain Services, Tickets and other products offered via Gastonia Professional Baseball Club Properties other than this Website 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 Gastonia Professional Baseball Club Properties to determine the policies applicable for such other Gastonia Professional Baseball Club Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, Ticket, other product or Gastonia Professional Baseball Club Property, the terms and conditions of the applicable Service, Ticket, other product or Gastonia Professional Baseball Club Property will govern.

  1. VOTES; CONTESTS; SWEEPSTAKES

This Website and other Gastonia Professional Baseball Club Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable Gastonia Professional Baseball Club Properties applicable to the event as well as the terms of this Agreement.

  1. LINKING

This Website and the other Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club 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 Gastonia Professional Baseball Club and BIRCO of any such third party website or content. Gastonia Professional Baseball Club is not responsible for the availability of these third party resources 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.

  1. DISCLAIMER OF WARRANTIES
  2. USE OF THIS WEBSITE, ALL OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES AND THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
  3. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY GASTONIA PROFESSIONAL BASEBALL CLUB AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB 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.
  4. GASTONIA PROFESSIONAL BASEBALL CLUB DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB 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 GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
  5. LIMITATIONS ON LIABILITY
  1. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES OR ANY ACT OR FAILURE TO ACT BY GASTONIA PROFESSIONAL BASEBALL CLUB OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
  2. IN NO EVENT SHALL GASTONIA PROFESSIONAL BASEBALL CLUB BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
  3. IN NO EVENT SHALL GASTONIA PROFESSIONAL BASEBALL CLUB AND BIRCO 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 GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GASTONIA PROFESSIONAL BASEBALL CLUB 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 GASTONIA PROFESSIONAL BASEBALL CLUB IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF GASTONIA PROFESSIONAL BASEBALL CLUB AND BIRCO OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES IS $50.
  4. IN NO EVENT SHALL GASTONIA PROFESSIONAL BASEBALL CLUB OR BIRCO BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
  1. INDEMNIFICATION

You hereby agree to indemnify and hold Gastonia Professional Baseball Club and BIRCO 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 Gastonia Professional Baseball Club Properties, the products, Merchandise, Tickets and/or Services purchased via this Website or the other Gastonia Professional Baseball Club Properties; or (B) any alleged breach of this Agreement by you.

  1. TERMINATION

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

  1. 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 North Carolina, applicable to contracts entered into and performed exclusively in that State.

  1. ARBITRATION; CONSENT TO JURISDICTION IN NORTH CAROLINA; ATTORNEYS' FEES
  2. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("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 Gastonia Professional Baseball Club waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in North Carolina County, North Carolina, 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. This arbitration provision shall survive termination of this Agreement.
  3. Subject to the limitations set forth below in this Section 12.2, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of North Carolina, provided that:
  4. The arbitrator shall not have authority to award punitive damages; and
  5. 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 Gastonia Professional Baseball Club 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.
  6. For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Gaston County, NC (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; (b) you and Gastonia Professional Baseball Club waive any and all rights to trial by jury with respect to any Claims.
  7. 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 12.3 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.
  8. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Gastonia Professional Baseball Club with written notice of the events or facts giving rise to the Claim within one (1) year of their occurrence.
  9. 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. Gastonia Professional Baseball Club in its sole discretion may amend this Agreement, and your use of this Website or the other Gastonia Professional Baseball Club 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.

  1. ACCEPTANCE OF TERMS OF USE

BY USING THIS WEBSITE AND/OR THE OTHER GASTONIA PROFESSIONAL BASEBALL CLUB 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 Gastonia Professional Baseball Club Properties. Gastonia Professional Baseball Club may change the terms of this Agreement at any time, and your use of this Website and/or the other Gastonia Professional Baseball Club Properties after such changes are posted will mean that you accept them.

  1. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of this Website and the other Gastonia Professional Baseball Club 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: January 1, 2021