Acknowledgment and Assumption of Risk Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic. COVID-19 is an extremely infectious virus—believed to spread mainly from person-to-person contact—that could result in severe illness and/or death. As a result, federal, state and local governments/health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Further, the CDC has stated that individuals may have a higher risk of contracting or falling seriously ill as a result of the virus. Those factors are updated regularly by the CDC. You should consult with the CDC’s website to determine if you may be in a high-risk category.
The Yogi Berra Museum & Learning Center (the “Museum”) has put in place preventative measures to reduce the spread of COVID-19; however, the Museum cannot guarantee that you will not become infected with COVID-19.
By purchasing an admissions ticket(s), you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, and those for whom you are purchasing tickets, may be exposed to or infected by COVID-19 by visiting the Museum and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You also understand that due to the contagious nature of the virus that if you, or anyone for whom you are purchasing tickets, contract the virus, you may expose others, including family and friends. You understand that the risk of becoming exposed to or infected by COVID-19 at the Museum may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, Museum employees, students and guests. You agree to comply with the Museum’s safety guidelines and protocols, and acknowledge that the Museum staff may enforce these guidelines and protocols. You further acknowledge that the Museum may share information regarding its visitors to relevant government authorities for the purpose of contact tracing.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at the Museum (“Claims”). On your behalf, and on behalf of those for whom you are purchasing tickets, you hereby release, covenant not to sue, discharge, and hold harmless the Museum, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Museum, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after visiting the Museum.
Please review this entire policy to learn the types of User information YBMLC gathers, how YBMLC uses that User information, what User information is disclosed and to what third parties, and how YBMLC safeguards your User information.
I. Information YBMLC Collects
A. Personal Information and Non-Identifying Information
In order to use certain pages and/or functionalities of our Website, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your full name, phone number, email address, home and business postal addresses, photos of you, and any other information that could be used to personally identify you.
We also collect other information that you provide as part of your use of our Website that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), gender, age, and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your gender only or your viewing preferences).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide our Website, facilitate and complete transactions for you, and respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.
We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of our Website, and to analyze and understand how our Website is used.
B. Usage Data
When you visit our Website, our servers automatically record information that your browser sends whenever you visit a website. The information sent automatically by your browser is referred to as “Usage Data.” This Usage Data may include information such as the manufacturer and model of your mobile device, your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; pages of our Website that you visit, the time spent on those pages, information you search for on our Website, Website access times and dates; and other statistics.
We use this information for technical administration of our Website, including to monitor and analyze use of our Website, to increase the functionality and user-friendliness of our Website, and to better tailor our Website to Users’ needs.
Usage Data may be non-identifying or it may be associated with you. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.
II. Collection of Information
We request certain information from you through the use of forms in certain areas of our Website, such as when you sign up to become a member or a volunteer of the Museum or when you purchase an item through our online store. For example, when applying to become a volunteer in the Museum, we may ask you to enter your first and last name, e-mail address, mailing address, phone number and prior work/volunteer experience.
B. Surveys, Polls, Questionnaires
We may request certain information from you through the use of surveys, polls, questionnaires. For example, we may ask you to enter your first and last name, e-mail address, mailing address, personal reviews and comments regarding our Website or our Museum, or your experience using our Website or attending any YBMLC event.
D. Usage Data
Usage Data are collected automatically by our Website’s servers and software. For example, because our Website automatically collects Usage Data for all Users that visit our Website, your Website session will be tracked.
Additionally, in some of our email messages, we may use a “click-through URL” linked to content on our Website. When a User clicks onto one of these URLs, the User will pass through our server before arriving at the destination Web page. YBMLC tracks this click-through data to help us determine User interest in certain subject matter and measure the effectiveness of these User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from us.
Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of our Website Users have visited, (ii) to measure the effectiveness of any searches Users perform, and (iii) to enable us to send emails in a format that Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to Users.
Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. Our Website does not accept or process such Do Not Track signals or similar mechanisms.
F. Public Communications
Please note that if you use any bulletin board, chat room, comment/review posting feature, or other public communication service, forum, or feature offered through our Website, or post any information available for viewing by other Users, any of the information that you share will be visible to other Users. The information that you make available can be read, used, and collected by other Users to send you unsolicited messages outside of our Website. YBMLC is not responsible for the manner in which the Personal Information that you decide to share will be used by other Users.
III. Use and Sharing of Information by YBMLC
The User information that YBMLC collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for a statistical analysis of Users’ behavior, for product development, for content improvement, or to customize the content and layout of our Website. In addition, YBMLC will, on occasion, send emails to you about our Website or third-party products. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any YBMLC email to remove yourself from continued receipt of such email messages.
YBMLC’s policy is not to share the User information it collects with third parties other than as specified below, or where a User expressly consents to our sharing of certain information with a third party. We may share User information with third parties under the following circumstances:
A. Other Business Partners and Vendors
We work closely with certain business partners and vendors and we may provide User information to our business partners and vendors so that they can offer or provide services to you. For example, we may provide User information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. We may also employ third party companies and individuals for any of the following: to facilitate our Website; to provide our Website or portions of our Website on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how our Website is being used. We currently use a third party service provider to process payments on our Website so that you can purchase items online through our Website.
Under certain circumstances, you may avoid having YBMLC share your information with its business partners and vendors by not sharing your information with us or by not granting us permission to share your information. Not sharing your information with us and/or not granting us permission to share your information with our business partners or vendors may limit your access to their services through our Website.
C. Business Transfers
As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy. In such transactions, information about Users generally is often a transferred business asset. In the event that YBMLC itself or substantially all of YBMLC’s assets are acquired, information about our Users may be one of the transferred assets.
D. Compliance with Law and Protection of YBMLC and Others
We may release User information when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on YBMLC; to enforce or apply the Agreement, including the User Agreement and other agreements, rules, and policies; to protect the rights, property, or safety of YBMLC, our Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging User information with other companies and organizations for fraud protection).
E. Aggregate Site Use Information
We may release aggregate User information (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of our Website.
IV. YBMLC’s Opt-in/Opt-out Policy
We currently provide the following “Opt-Out Opportunities”:
1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from YBMLC to unsubscribe from receiving emails from YBMLC.
V. Third Party Service Providers, Links to other Sites, and Third Party Advertising
VI. Social Media Sites
YBMLC operates and maintains social media networking pages on websites such as Facebook, Twitter, Instagram and YouTube. YBMLC may, from time to time, import comments and posts from these third-party websites to our Website. If you post to any of YBMLC’s social networking pages on third-party websites, you are providing information to the public and do so at your own risk. Further, YBMLC may use these postings on our Website without notice or compensation to you. Please visit the privacy policies of any third party websites before posting to YBMLC’s pages there.
VII. International Transfer
By accessing and using our Website, you acknowledge and agree that YBMLC controls and operates all parts of our Website from its offices in the United States of America and that our Website is intended for use by Users located in the United States of America. Unless expressly stated to the contrary, YBMLC makes no representation that our Website is appropriate or will be available for use in other locations.
VIII. Changing or Deleting Your Information
All Users who have submitted Personal Information through our Website may review, update, correct or delete the Personal Information by contacting us. We may retain an archived copy of your records as required by law or for legitimate business purposes.
We are very concerned with safeguarding your information. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. For example, we use commercially reasonable security measures such as encryption, firewalls, and secure socket layers (SSL) to protect User information.
Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won’t be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to YBMLC, you do at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through our Website in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
X. Children’s Privacy
We are committed to protecting the privacy of children. Under the terms of the Agreement, Users must be at least thirteen (13) years of age to access and use our Website. Any access to or use of our Website by anyone under the age of thirteen (13) is unauthorized, unlicensed, and in violation of the Agreement. By using our Website, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If YBMLC believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, YBMLC may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of our Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through our Website.
XII. Contacting Us
XIII. Effective Date
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
NOTE THAT DISPUTES ABOUT THIS AGREEMENT OR RELATING TO OUR WEBSITE GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. See Sections 23, 24, 25, and 26 of this User Agreement for more details.
1. Scope and Acceptance
Anyone who accesses or uses our Website is an “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of our Website and use of any and all information or data of any kind arising from access to, or use of, our Website, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.
2. Eligibility and Access
If you are accessing or using our Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
Our Website is not intended or authorized for use by persons under the age of thirteen (13). By using the Yogi Berra Museum Website, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If YBMLC believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, YBMLC may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Yogi Berra Museum Website (or any portion, aspect, or feature of it), or (ii) delete any content or information that you have posted through the Yogi Berra Museum Website.
YBMLC reserves the right to deny access to our Website at our discretion and for any reason, including any breach of the Agreement.
4. Description of Website
Friends of Yogi, Inc., d/b/a The Yogi Berra Museum & Learning Center, is a New Jersey Not-for-Profit Corporation that tells Mr. Yogi Berra’s inspirational story and serves as an educational model for young people. The Yogi Berra Museum & Learning Center preserves and promotes the values of social justice, respect, sportsmanship and educational excellence through inclusive, culturally diverse sports-based educational programs and exhibits.
Through the Yogi Berra Museum Website, Users can discover information about, register for, and purchase items related to: (i) the Museum, Yogi Berra’s life and story, and other featured exhibits; (ii) various Museum programs, workshops, or camps; and (iii) and Museum tours and events. Users can also donate to the Yogi Berra Museum & Learning Center and/or become sponsors/members of the Museum through our Website. The specific features and functionality of our Website are dynamic and may change from time to time.
We reserve complete and sole discretion with respect to the operation of our Website. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Website at any time.
The name “Yogi Berra Museum & Learning Center” and the “Yogi Berra Museum & Learning Center” logos are trademarks of YBMLC in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use YBMLC’s name, logos, trademarks or other intellectual property displayed on this Yogi Berra Museum Website except as expressly provided herein or by obtaining the written permission of YBMLC or such other third party owner, as applicable. You acknowledge that YBMLC will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
7. Proprietary Rights in Content on YBMLC
As between you and YBMLC, YBMLC owns and retains all proprietary rights in the Yogi Berra Museum Website. The Yogi Berra Museum Website contains proprietary content and information of YBMLC and its licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Yogi Berra Museum Website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this Yogi Berra Museum Website) (“YBMLC Content”) and is protected by copyright and other intellectual property laws. You may view, download, print, and copy the YBMLC Content on this Yogi Berra Museum Website for your own personal, informational use, provided that (i) you do not modify the YBMLC Content and (ii) you retain all copyright and propriety notices originally contained in the YBMLC Content on any copies. Nothing herein shall be construed as granting any license or right to use the Yogi Berra Museum Website or any materials contained on this Yogi Berra Museum Website, including any YBMLC Content, except as expressly provided herein. You acknowledge that YBMLC will aggressively enforce its intellectual property rights with respect to its YBMLC Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
8. User Feedback
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to YBMLC with respect to our Website shall remain the sole and exclusive property of YBMLC. YBMLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you.
9. Permitted Use
Certain YBMLC materials on our Website are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website that is not expressly designated as being provided by a third party is the property of YBMLC and its content providers, and YBMLC and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use our Website and related materials solely for your own personal use. Except as expressly provided, all rights are reserved.
In connection with the use of our Website, you may not:
- (a) alter or modify our Website, or make any electronic reproduction, adaptation, distribution, performance, or display of our Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on our Website;
- (b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to our Website, or related materials;
- (c) remove or modify any proprietary notice or labels on our Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;
- (d) use our Website for any non-authorized commercial purpose or any illegal purpose;
- (e) copy, modify, erase, or damage any information contained on computer servers used or controlled by YBMLC or any third party;
- (f) use our Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
- (g) access or use any password-protected, secure, or non-public areas of our Website, or access data on our Website not intended for you, except as specifically authorized in writing by YBMLC;
- (h) impersonate or misrepresent your affiliation with any person or entity;
- (i) use any automated means to access or use our Website, including scripts, bots, scrapers, data miners, or similar software, or display our Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission;
- (j) attempt to or actually disrupt, impair, interfere with, alter, or modify our Website, or any information, data, or materials posted and/or displayed by YBMLC;
- (k) attempt to probe, scan, or test the vulnerability of our Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
- (l) attempt to interfere with or disrupt access to or use of our Website by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
- (m) post any content to our Website that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to YBMLC’s mission.
10. User Content
YBMLC may, at our sole discretion, permit Users to post, upload, publish, submit, or transmit photos, diagrams, text, testimonials, reviews, videos, sounds, images, or information (collectively, “User Content”). By making available any User Content on or through our Website, you hereby grant YBMLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Yogi Berra Museum Website. YBMLC does not claim any ownerships rights in any such User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through our Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through our Website or you have all rights, licenses, consents, and releases that are necessary to grant to YBMLC the rights in such User Content, as contemplated under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or YBMLC’s use of the User Content (or any portion thereof) on, through, or by means of our Website will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) all User Content complies with the Permitted Uses enumerated above in Section 9 of this User Agreement. In addition, you agree to indemnify YBMLC for any violation of the YBMLC Agreement in accordance with the Indemnity provisions below.
You also agree that YBMLC may, but has no obligation to, review or monitor this User Content and may remove or alter any materials that you submit in its sole discretion at any time for any reason.
11. Third Party Properties Referred to on our Website
Our Website may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by YBMLC (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by YBMLC of any such Third Party Properties. You acknowledge that YBMLC is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that YBMLC is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. YBMLC does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website, you do so at your own risk.
Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. Unless expressly stated to the contrary, YBMLC has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third party materials, you do so at your own risk. In no event shall YBMLC be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
12. Inaccuracies on our Website
A possibility exists that our Website could include inaccuracies or errors and that additions, deletions, and alterations could be made to our Website by unauthorized third-parties. Although YBMLC attempts to ensure the integrity of our Website, it makes no guarantees as to the completeness, correctness, or accuracy of our Website or any of the content on our Website. If you believe any portion of our Website includes an error or inaccuracy, please notify us.
13. Availability of our Website
It is not possible to operate our Website with 100% guaranteed uptime. YBMLC will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website. In addition, YBMLC reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Website, with or without notice.
You agree that YBMLC shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.
14. Technical Requirements
15.1 ARTICLES DISCLAIMER. THIS YOGI BERRA MUSEUM WEBSITE MAY FROM TIME TO TIME POST ARTICLES CONTAINING INFORMATION IN THE FORM OF NEWS AND/OR OPINIONS THAT, UNLESS OTHERWISE STATED THEREIN, SHOULD NOT BE CONSTRUED AS SPECIFIC ADVICE OR INSTRUCTION FROM YBMLC OR OFFICIAL EXPRESSIONS OF YBMLC. YBMLC DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE FACTUAL ACCURACY OF THE ARTICLES POSTED, NOR DOES IT ADOPT ANY STATEMENT AS ITS OWN, OR WARRANT ANY NEWS OR OPINIONS OFFERED BY THE AUTHOR OF SAID ARTICLES. ALTHOUGH YBMLC BELIEVES ALL STATEMENTS MADE IN THE ARTICLES TO BE RELIABLE AND ACCURATE BASED UPON REPRESENTATIONS MADE BY THE AUTHORS THEMSELVES, YBMLC CANNOT GUARANTEE THAT SUCH STATEMENTS ARE RELIABLE AND ACCURATE AND YBMLC ACCEPTS NO FAULT OR LIABILITY FOR ANY ERROR OR OMISSION WITH RESPECT TO SUCH ARTICLES.
15.2 “AS IS” DISCLAIMER. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. YBMLC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) OUR WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YBMLC MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. YBMLC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL YBMLC OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) OUR WEBSITE; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE, OR ANY PORTION THEREOF, EVEN IF YBMLC OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, YOU HEREBY WAIVE ANY PROVISION IN LAW, REGULATION OR CODE SIMILAR REQUIRING SUCH RELEASE. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” USERS HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE OR ANY SIMILAR PROVISION IN ANOTHER JURISDICTION. YOUR ABILITY TO USE THE WEBSITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS USER AGREEMENT.
IF, DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN ONE HUNDRED U.S. DOLLARS ($100).
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH YOUR USE OF THE YOGI BERRA MUSEUM WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS YBMLC, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF OUR WEBSITE.
You agree that YBMLC may, in its sole discretion and without prior notice, terminate your access to or use of any of our Website at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to YBMLC for which monetary damages would be inadequate. You consent to YBMLC’s obtaining any injunctive or equitable relief that YBMLC deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies YBMLC may have at law or in equity.
19. Copyright Infringement
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. We may remove material from our Website that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify our copyright agent, and provide the following information:
- (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- (b) identification of the copyrighted work or works claimed to have been infringed;
- (c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
- (d) your name, mailing address, telephone number, and e-mail address;
- (e) a statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
- (f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify YBMLC of claimed copyright infringement, please contact:
Yogi Berra Museum & Learning Center
8 Yogi Berra Drive
Little Falls, New Jersey, 07424
20. Modifications and Updates
At any time and at YBMLC’s sole discretion, we may add, delete, or modify the Agreement or our Website or any functionality provided through our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.
YBMLC may also from time to time provide enhancements or improvements to the features and/or functionality of our Website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are subject to the terms and conditions of this User Agreement. Updates may modify or delete certain features and/or functionalities of the Application. You acknowledge and agree that YBMLC has no obligation to (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities.
21. Access and Use Where Prohibited
Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including this Section.
22. International Use
YBMLC makes no representation that our Website or any aspect thereof will be available or appropriate for use in locations outside of the United States. Those who choose to access our Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Users are responsible for compliance with all United States export laws and regulations when exporting any products, services, content, or materials provided through our Website.
23. Dispute Resolution
YBMLC intends to resolve any and all disputes that may arise between it and its Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to YBMLC in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. YBMLC shall respond within ten (10) business days with identical information from its perspective. You and a representative of YBMLC shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and YBMLC mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and YBMLC fail to resolve the matter, you may then proceed to arbitration as described in Section 24 below.
After failing to mutually settle any disputes as required in Section 23, and except for equitable claims, small claims court, and claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any controversy or claim arising out of or relating to this Agreement or your use of the Website hereunder shall be submitted to and settled through binding arbitration. By agreeing to arbitrate, the parties hereby waive their rights to a jury trial.
- (a) The arbitration will be conducted in accordance with this Agreement, the Federal Arbitration Act and the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). In the event of a conflict, the provisions of the AAA Rules will control, except where those Rules conflict with this Agreement, in which case this Agreement will control.
- (b) The arbitration shall be conducted before a single arbitrator selected as provided in the AAA Rules and who shall have at least five (5) years of relevant experience. The arbitration shall be commenced and held in the State of New Jersey. No potential arbitrator may be appointed unless he or she has agreed in writing to be bound by these procedures.
- (c) To the extent state law is applicable, the arbitrator shall apply the substantive law of the State of New Jersey. The U.N. Convention on Contracts for the International Sale of Goods shall not apply. Any issue concerning the location of the arbitration, the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, and any discovery disputes, shall be resolved by the arbitrator.
- (d) Each party will be entitled to reasonable discovery in preparation for the arbitration, including the production of relevant documents and the deposition of witnesses. Any disputes involving discovery shall be heard and resolved by the arbitrator. All objections are reserved for the arbitration hearing, except for objections based on privilege and proprietary or confidential information.
- (e) All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interests.
- (f) The decision of the arbitrator shall be reduced to writing, shall be final and binding on the parties except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction thereof. The arbitrator may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
- (g) The arbitrator shall award all costs of the arbitration, including arbitrator’s fees, arbitration filing fees, travel costs of witnesses, costs of depositions and reasonable attorney fees to the substantially prevailing party; provided, however, that if the User is the substantially prevailing party, the User shall bear the costs of its own attorney fees.
25. Class Action Waiver
You and YBMLC agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or similar action.
26.1 Applicable Law; Venue. Any action related to the Agreement will be governed by the laws of the State of New Jersey, without regard to the choice or conflicts of law provisions of any jurisdiction. You and YBMLC agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or the Agreement that are not submitted to arbitration will be exclusively in the federal or local courts with jurisdiction over Little Falls, New Jersey.
26.2 Attorney’s Fees. If YBMLC does take any legal action against you as a result of your violation of the Agreement, YBMLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to YBMLC. You agree that YBMLC will not be liable to you or to any third party for termination of your access to, or use of, our Website as a result of any violation of the Agreement or for any reason at all.
26.3 Limitation on Claims. No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
26.4 Severability. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
26.5 Waiver. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
26.6 Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you, a User, and YBMLC with respect to the Yogi Berra Museum Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and YBMLC with regard to the Yogi Berra Museum Website.
26.7 Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by YBMLC. Any purported assignment lacking such consent will be void at its inception. YBMLC may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.
26.8 Comments. If you have any comments or questions about our Website or the Museum, please contact us at Yogi Berra Museum & Learning Center, 8 Yogi Berra Drive, Little Falls, NJ 07424 or [email protected].
26.9 Other. This Agreement is accepted upon your use of the Yogi Berra Museum Website. The section titles in this Agreement are for convenience only and have no legal or contractual effect.