Terms Of Use | Privacy Policy | Information For The Public
Terms of Use for The Peter Bragan for Better Baseball Foundation
Effective Date: September, 1, 2016
YOUR USE OF OUR SITE, YOUR REGISTRATION ON OUR SITE or any other The Peter Bragan for Better Baseball Foundation (the “Foundation”) Web properties or third-party sites managed by the Foundation, OR YOUR PROVISION TO US OF ANY CONTENT OR PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY AND INFORMATION SECURITY POLICY (THE “PRIVACY POLICY”) all as amended from time to time. DO NOT USE THE SITE OR PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM.
TABLE OF CONTENTS
1. Restrictions on Use of Content.
2. Registration and Creating Profiles, etc. – Attribution of Electronic Acts to You.
3. Content & Site Activities.
A. Content –Your Responsibility and License to Others.
B. Site Activities.
C. No Commissions.
4. Privacy and Information Security, including Consent to International Data Transfers & Disclosure.
5. Infringement of Our Rights or the Rights of Others; Your Warranty.
6. Feedback; Your License to Us.
7. Indemnification.
8. No Warranties, Conditions or Other Duties.
9. No Incidental, Consequential or Certain Other Damages.
10. Exclusive Remedy; Damage Limitation.
11. Linked Sites.
12. Amendments.
13. Governing Law and Exclusive Jurisdiction.
14. Legal & Other Notices & Disclosures.
15. Termination or Cancellation; No Continuing Rights.
16. Entire Agreement; Miscellaneous.
17. Electronic Transactions.
18. Additional or Required Notices.
The Peter Bragan for Better Baseball Foundation is a website associated with The Peter Bragan for Better Baseball Foundation, a charitable nonprofit corporation and a private foundation existing under the laws of the State of Florida. U.S.A. (“Foundation,” “we,” “us” etc.). These Terms are an agreement between the Foundation and you and govern your use of the Site and all information on or submitted through it.
Most users of this Site are employees or other agents of entities, so references to “you” means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the “user” individually unless otherwise stated on the Site or in these Terms. Persons under 18 years of age are not authorized to use the Site.
1. Restrictions on Use of Content
The Site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including material that you may upload, post or otherwise provide in connection with the Site (“Content”). Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.
2. Registration and Creating Profiles etc. | Attribution of Electronic Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a grant). You agree to provide accurate, current and complete information at all times. If you provide (or the Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Foundation may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
3. Content and Site Activities
A. Content – Your Responsibility and License to Others
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
(i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the Foundation above).
(ii) The Foundation anticipates that Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Foundation help with a report you are obligated to make) will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of the Foundation.
B. Site Activities.
The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change a grant description at any time even if you have already applied, and not all grants may be posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we, or Third Parties, might make a mistake, and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a job or grant description even if you have already taken action based on it.
C. No Commissions.
We do not want to deal with persons desiring to be paid for something unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange a grant or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you submit an application for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount even if we accept the application and make the grant. We may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else. If you do not want that result then do not submit any information without entering into a written contract with us first.
4. Privacy and Information Security Policy, INCLUDING CONSENT TO INTERNATIONAL DATA TRANSFERS & DISCLOSURE (“Privacy Policy”).
Our Privacy Policy is part of these Terms and is incorporated herein. DO NOT PROVIDE, OR ALLOW OTHERS TO PROVIDE, PERSONAL INFORMATION ABOUT ANYONE UNLESS YOU, ON YOUR OWN BEHALF AND ON BEHALF OF ANYONE WHOSE INFORMATION YOU PROVIDE: (A) HAVE REVIEWED AND AGREE WITH THE PRIVACY POLICY, AND (B) ARE AUTHORIZED TO, AND DO, CONSENT TO HAVE ALL DATA USED AND TRANSFERRED INTERNATIONALLY.
5. Infringement of Our Rights or the Rights of Others; Your Warranty.
Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. See the “Additional or Required Notices” section of these Terms for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent—see the Additional or Required Notices section of these Terms. It is our policy to terminate, in appropriate circumstances, any account or right of access for repeated infringement, and we also reserve the right to terminate for only one infringement.
6. Feedback; Your License to Us.
We hope that you will provide your Feedback (as defined below) so that we may better support, improve, and pursue our charitable mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to the Foundation (as defined below) in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to the Foundation. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, “License to the Foundation” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the Foundation to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting the Foundation’s charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content. The License to the Foundation is in addition to any (if any) that you may be required to provide under any separate agreement that is between us and you (including grants or other agreements).
7. Indemnification.
You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
8. No Warranties, Conditions or Other Duties
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, THE FOUNDATION OR THIRD PARTIES (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
9. No Incidental, Consequential or Certain Other Damages.
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE FOUNDATION NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKPERSON LIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
10. Exclusive Remedy; Damage Limitation.
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY THE FOUNDATION OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.
11. Linked Sites.
Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their terms of use and privacy policy (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
12. Amendments.
You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy (“Amendments”). Amended versions of these Terms will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site – it is like a store and each time you visit you will be subject to the version of the Terms in effect on your visit. Like terms on the door to a store, those terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
13. Governing Law and Exclusive Jurisdiction.
These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Duval County, Florida, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
14. Legal and Other Notices or Disclosures.
Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications.
When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a grant application. You agree to check for notices posted on the Site.
Notice to Us (Our Legal Notices Address): We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following (“Our Legal Notice Address”):
The Peter Bragan for Better Baseball Foundation
P.O. Box 40331
Jacksonville, FL 32203
15. Termination or Cancellation; No Continuing Rights.
You have no continuing right to use the Site and we may deny or suspend access, or terminate, or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as a draft of a grant application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before the agreement or access ended.
16. Entire Agreement; Miscellaneous.
These Terms, including the Privacy Policy (including any of the supplemental privacy policies), Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and the Foundation regarding the Complete Site or the subject matter of the foregoing (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. The terms of Sections 3 and 4, 6 through 10, and 13 through 16, and our rights under the Privacy Policy will survive termination or cancellation of this Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
17. Electronic Transactions.
We and each of the Third Parties may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices, as appropriate. We and each of the Third Parties also reserves the right to deal non-electronically and to require you to do so.
18. Additional or Required Notices.
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms.
Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003).
Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our Site and cautions against infringement).
Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents and cautions against infringement).
Notice of Copyright Agent (this provides contact and other information regarding the Site’s copyright agent who may be notified of claimed infringement).
Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act).
Notice: No Harvesting or Dictionary Attacks Allowed. The Foundation will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Foundation personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks. The trademarks used in the Site are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.
Notice Regarding Copyright ownership: Copyright 2016 The Peter Bragan for Better Baseball Foundation and/or its affiliates and suppliers. All rights reserved.
All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Foundation or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Foundation or others in the Group or their licensors (which may include you). Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Foundation or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Foundation or others in the Group.
Notice Regarding Copyright Agent. The Foundation respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Foundation to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation 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;
A representation that the information in the notice 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.
Copyright infringement claims and notices should be sent in the following manner to:
The Peter Bragan for Better Baseball Foundation
P.O. Box 40331
Jacksonville, FL 32203
Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
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Privacy and Information Security Policy (“Privacy Policy” or “Policy”) for The Peter Bragan for Better Baseball Foundation
Effective Date: September 1, 2016
This Policy is designed to help you understand generally how PeterBraganFBB.org and other The Peter Bragan for Better Baseball Foundation (the “Foundation,” “we,” “us” etc.) Web properties (the “Site”) collect personally identifying information about you and how the Foundation uses and discloses that personal information.
PeterBraganFBB.org is a Web site of the Foundation, a charitable corporation and private foundation existing under the laws of the State of Florida, U.S.A. You may contact us at our Address For Legal Notices below. This Policy applies to information that personally identifies you (other than publicly available information) (“personal information”) collected on PeterBraganFBB.org or any additional Foundation Web properties or third-party sites managed by the Foundation or, where indicated, other information you provide to us.
USE OF OUR SITE OR PROVISION OF ANY PERSONAL INFORMATION CONSTITUTES AGREEMENT TO THIS POLICY. DO NOT USE THE SITE OR PROVIDE INFORMATION (OR ALLOW OTHERS TO DO SO ON YOUR BEHALF) IF YOU (AND YOUR PRINCIPAL IF YOU ARE ACTING AS AGENT) DO NOT AGREE WITH ALL OF THE TERMS OF USE INCLUDING THIS POLICY AND ANY APPLICABLE SUPPLEMENTAL PRIVACY POLICY.
Table of Contents
1. How Does This Policy Relate to Use of the Site?
2. Information We Collect That You Do Not Provide.
3. Information We Collect That You Do Provide.
4. Information You Provide About Others.
5. What We Generally Do with Personal Information Collected.
6. Your Ability to Update Personal Information.
7. Information Security.
8. Your Particular Consents.
9. Children.
10. Identity Theft.
11. Amendments.
12. Information About Enforcement of Our Policy.
13. HIPAA.
14. Information for the Public for the PeterBraganFBB.org.
1. How Does This Policy Relate to Use of the Site?
This Policy is part of and incorporated into the PeterBraganFBB.org Terms of Use (“Terms of Use”), which is the contract between you and the Foundation governing use of the Site. Parts of the Terms of Use affect this Policy, so, unless you have already done so, please review them prior to using the Site. Please note that, under the Terms of Use in effect, your use of this Site constitutes your agreement to the Terms of Use and this Policy. Terms used but not defined in this Policy have the definitions ascribed them in the Terms of Use.
This Policy is supplemented by additional policies relevant to particular activities, and each of the supplemental policies is incorporated into this Policy. For example, if a supplemental policy is included on the Site with respect to a particular activity, or if one is included on a Third Party site relating to the mission of the Foundation, those supplemental policies will also apply and are also incorporated.
2. Information We Collect That You Do Not Provide.
Sometimes we may collect personal information without you having to enter any information on the Site. For example, we may receive personal information from public sources or from Third Parties (which we may combine with other information from other sources).
In addition, we may collect some information automatically from visitors to the Site, for example through the use of “cookies”, “web beacons”, and other tracking mechanisms. We may collect at least the following (though the foregoing list is not exclusive): your domain name and host for Internet access; the Internet address of the site from which you came; the date and time of your access; your computer’s IP address and information about its operating system, browser and host; the date and time you access the Site and the pages you visit. If you do not want to receive cookies, you may set your browser to reject them. However, if you turn cookies off, you may not have access to some of the Site’s services and features. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issues cookies when you access the Site. We also may employ web beacons from Third Parties to help us compile aggregated statistics regarding the operations of our site. We prohibit web beacons on our site from being used by third parties to collect or access your personal information.
3. Information We Collect That You Do Provide.
It is always your choice, or the choice of anyone acting for you, whether to provide personal information. However, some must be provided to participate in certain programs or activities (such as to apply for a grant), so the decision not to provide information might limit or eliminate certain functions of the Site or the ability to participate. Other information is up to your good judgment, e.g., do not provide personal information about yourself that could be misused by others in a chat room, bulletin board, blog or similar forum, as appropriate, and do not provide personal information about others without their permission. The kinds of personal information we tend to request about you or others include but are not limited to your name, email address, native language, organization name, job title, city, state / province, region, age, locations for internet access and devices used. Additional information about what we collect is available in any supplemental privacy policies for particular activities.
4. Information You Provide About Others.
Do not supply personal information about others unless you are authorized or required to do so by applicable law or contract and you consent to the Terms of Use (including this Policy and supplemental policies) on behalf of yourself and the “Data Subject” (the person about whom you supply personal information). Before supplying personal information about others (except as otherwise allowed by law or contract), you must make available for the Data Subject’s review, and obtain their written consent to, said Terms of Use and policies. By submitting any personal information about others, you represent and warrant that you are authorized to do so and that you did all of the foregoing before submitting the information. If applicable law allows you to supply the information without doing the foregoing, you represent and warrant that you have abided by that law and that it allows us to receive and Disclose (as defined in Section 5 hereunder) the information under this Policy without any further action on our part. You agree to indemnify, defend and hold us harmless against any failure by you to comply with this paragraph.
The Foundation works with Third Parties on certain programs, and often those Third Parties own and/or are responsible for that program’s web site. In those cases, if you provide personal information, you will be giving it to a Third Party and their privacy policy will apply. You agree that if they provide it to us then we may apply our Policy to what we receive.
5. What We Generally Do with Personal Information Collected.
In general, we use personal information we collect to pursue our mission and operations and to engage in the activity (and related activities) for which we collect it. Specifically, we may use your personal information:
to fulfill our obligations to you and to respond to any questions or requests;
to contact you about material changes in our site Terms of Use and/or Policy;
to comply with the law or in good faith belief that such action is necessary to conform with the requirements of law or to comply with legal process served on us;
to provide it to Third Parties as a result of any reorganization process; and/or
to put you on our mailing list or even the list of a Third Party who we think has a similar mission if you sign up for a blog, feed or newsletter.
Further information is available in the supplemental policies for some activities, but you should assume that we will use all information for all lawful purposes. Subject to applicable law, we reserve the right to make all lawful, worldwide uses of personal information, including without limitation, to: collect, use, access (or bar access), process, fulfill, disclose, display, share, respond to legal process or otherwise exercise our rights under applicable law, transfer, store, verify, enforce, delete, and otherwise deal with personal information, and information other than personal information (collectively “Disclose”).
6. Your Ability to Update Personal Information.
To the extent our systems require your personal information, in general, they provide the ability for you to update your information. If you have any questions about what personal information the Foundation retains about you, please contact us at [email protected]. The Foundation endeavors to keep your personal information accurate and up to date. If your personal information has changed, you may submit your new information there as well. Some activities allow some updating.
We keep personal information for as long as we think is necessary or advisable and we reserve the right to retain it to the full extent not prohibited by law. We may discard personal information in our discretion, so you should retain your own records, and not rely upon our storage of any personal information or other data.
7. Information Security.
We use reasonable technical and organizational measures to protect the personal information received from our users from unauthorized use or disclosure.
8. Your Particular Consents.
In addition to consenting to the Terms of Use, including this Policy (and any relevant supplemental policies), the Foundation is interested in letting you know about, and receiving your particular consent to, a few activities relating to personal information that will help us to deal with personal information that is Disclosed in furtherance of our mission, operations and programs. These are described immediately below.
Consent to International Transfer and Disclosure of Personal Information. Although our programs and activities are only based in the United States of America, it may become necessary, in our fulfillment of our obligations, to share your personal information with a foreign entity. You agree that the Foundation and those with whom we share personal information (“Recipients”) may Disclose and transfer your personal information worldwide (including outside the European Economic Area, if you are based in the European Economic Area) for any purpose relating to our or their mission, operations, programs, or otherwise that is not allowed or prohibited by this Policy.
Consent to Electronic Notice If There is a Security Breach: If we or a Recipient is required to provide notice of unauthorized access or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our Site or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.
9. Children.
We do not want to collect information from children. Do not provide any personal information unless you are at least 13 years of age, and please caution your children not to provide any. If a child under 13 has provided personal information, a parent or guardian may so inform us by writing us at Our Address for Legal Notices (see below) and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Policy.
10. Identity Theft.
If you believe that you are a victim of identity theft entitled by law to request information from us, write us at Our Address For Legal Notices and we will explain what information we require in order to respond. After receiving that information, we will supply (without charge) information we then have that we are legally required to provide (subject to applicable law and reserving all rights and defenses).
11. Amendments.
We will be changing what we do and how and why we Disclose data periodically—this Policy describes what we currently envision, but that will change as we change. You agree that this Policy amends and replaces any previous privacy policy (or policies). We may further amend all or part of this Policy in the same way that we make amendments to our Terms of Use and such amended versions will be posted on this page.
12. Information About Enforcement of Our Policy.
This Policy is part of and supplemented by our Terms of Use, which together with any supplemental privacy policy form a contract. If there is a conflict between the Terms of Use and this Policy, the latest version of this Policy will control. We and you are bound by the Terms of Use, including this Policy. If you think we are in default, you may contact us by writing to Our Address For Legal Notices. There are no third party beneficiaries of this Policy.
Our Address for Legal Notices:
The Peter Bragan for Better Baseball Foundation
P.O. Box 40331
Jacksonville, FL 32203
13. HIPAA.
As part of applying for grants from the Foundation, applicants may be required to provide certain medical information as part of such application. The Foundation is committed to following Congressional standards with regard to patient privacy as set forth in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and subsequent federal law. Although the Foundation will not provide any health care services directly, the Foundation nonetheless will maintain the confidentiality of applicant health care information in accordance with HIPAA and Florida law. Prior to the distribution of any such medical information by the Foundation, the Foundation will secure from the applicant any and all required authorizations to release such information except when required to release such information by a law enforcement agency.
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Information for the Public for the PeterBraganFBB.org.
The Peter Bragan for Better Baseball Foundation
Effective Date: September 1, 2016
In compliance with applicable state and federal laws, you may request a copy of the Foundation’s most recent tax return and tax-exempt application by sending such request to the following address:
The Peter Bragan for Better Baseball Foundation
P.O. Box 40331
Jacksonville, FL 32203
Alternatively, you may request such documentation by specifically describing your request in full via email at [email protected]