Terms of Service Agreement

Welcome to Off the Field Foundation’s (“OTFF”) Website. Please carefully read these Terms of Use (the “Agreement”) before accessing or using our website or any services provided by Off the Field Foundation in the state of Florida.

1. Introduction; General; Ownership; Prohibitions

By using the OTFF website, you agree to be bound by this Agreement. OTFF may change these terms at its discretion, effective immediately upon posting on the website. If you do not agree, please refrain from using the site.

The OTFF website and its materials are the property of OTFF and may not be reproduced, distributed, or displayed without permission. You are granted permission to download one copy for personal, non-commercial use.

Prohibited Uses: You agree not to use OTFF’s website to:

Infringe on OTFF’s or third-party rights, including copyright, trademark, or other proprietary rights.

Disrupt the website’s operations or adversely affect other users.

Post harmful, abusive, or unlawful material, or content that OTFF deems objectionable.

Spread harmful software, commercial material (e.g., spam), or exploit other users’ private information.

Engage in impersonation, misrepresentation, or misleading actions.

2. Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (DMCA), OTFF has designated an agent to receive claims of copyright infringement. All claims must be in writing and include necessary details about the infringed content, contact information, and a statement of good faith. OTFF’s designated agent information is available upon request.

3. Contests, Votes, and Promotions

By participating in any votes, contests, or other promotions hosted on OTFF’s website, you agree to abide by specific terms related to those events, in addition to this Agreement.

4. Linking

The OTFF website may contain links to third-party websites. These links do not imply endorsement, and OTFF is not responsible for third-party content. Any concerns with third-party links should be directed to the respective site’s administrator.

5. Disclaimer of Warranties

Use of the OTFF website and related services is at your own risk. All materials on this website are provided “as is,” without warranties of any kind. OTFF does not guarantee uninterrupted, error-free access or that any defects will be corrected.

6. Limitations on Liability

OTFF is not liable for any direct, indirect, incidental, or consequential damages arising from your use or inability to use this website. The maximum liability of OTFF for any claim related to this website is $50.

7. Indemnification

You agree to indemnify OTFF from any claims, liabilities, or expenses arising from your use of the website or violation of this Agreement.

8. Termination

OTFF reserves the right to modify, suspend, or discontinue any part of the website or restrict access to users who violate this Agreement or act harmfully towards others.

9. Arbitration and Jurisdiction

All disputes related to this Agreement shall be resolved through binding arbitration in Florida. The arbitrator’s award shall be final, and jurisdiction lies exclusively within Florida courts.

10. Choice of Law

This Agreement is governed by the laws of the state of Florida, without regard to its conflict of law principles.

11. Miscellaneous

This Agreement represents the complete understanding between OTFF and the user. OTFF may amend these terms as necessary, with continued use signifying acceptance. If any part of this Agreement is deemed unenforceable, the remainder shall continue in effect.

12. Acceptance of Terms of Use

By using this website, you agree to abide by the terms of this Agreement. If you do not agree, please do not use the OTFF website.

For California Residents: Please contact the California Department of Consumer Affairs, Consumer Services Division for further assistance.

Last Updated: November 9, 2024