Website Terms of Use

Overview

These terms of use (“Terms”) are entered into between you and Baseballism, Inc. (“Baseballism” or “we” or “our” or “us”) and govern your access to and use of Baseballism’s website, https://www.baseballism.com/, and any other website, social media pages, or other digital medium owned or operated by Baseballism (the “Site”), including any content, functionality, services, and products offered on or through the Site.

By using the Site, you consent and agree to be bound by and comply with these Terms. Baseballism may terminate your ability to use the Site without notice if you do not comply with the Terms. If you do not agree to these Terms, you must not access or use the Site or obtain products or services from this Site. Please review the Terms in their entirety prior to engaging in any transaction on the Site.

Baseballism reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Site Content (as defined in Section 6 below) is current as of the date it is posted on the Site to the best of Baseballism’s knowledge.

1. Privacy.

All information Baseballism collects on this Site is subject to our Privacy Notice. By accessing or using our Site or products, you acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your personal information.

2. Accounts.

1. Account Registration. For some aspects of our Site, you may need to register an account with us. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. Baseballism can terminate your registration at any time for any reason.
2. Use and Protection of Login Credentials. You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Baseballism immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Baseballism reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Baseballism’s opinion, you have violated any provision of these Terms of Use.

3. Orders and Payment.

By placing an order for our products through the Site, you are offering to purchase our products. We reserve the right to refuse your request to obtain products or services from us. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provided at the time of purchase. We reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

The price of all products is payable in full before delivery. Prices are subject to change at any time by us in our sole discretion.

Baseballism ships from within the United States. Customers placing international orders are responsible for any additional taxes and duty fees resulting from an international shipment.

Payment processing is provided by one or more third party payment processors (“Payment Processor”). Baseballism does not collect or store your payment card or financial institution information. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account with us and any services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters to proceed with your use of your account, complete your purchase, or receive any services. It is your responsibility to keep your payment method up-to-date, as well as to cancel your account (as applicable).

4. Returns and Exchanges.

Except as may be otherwise stated at the time of purchase or otherwise by Baseballism, we may offer an exchange or full refund to the original payment method within six months of your original purchase due to dissatisfaction with products purchased from our Site. If your original purchase was more than six months ago, we may offer an exchange or store credit instead of a refund to the original payment method. If you have any concerns or problems with the products you receive, please contact us by email at believe@baseballism.com or via the contact information on the Site and we will attempt to resolve the issue. We reserve the right, in our sole discretion, to issue or not issue refunds or exchanges for returned products. International customers may return products for a refund or exchange but will be responsible for shipping charges incurred to return the item(s).

5. Fundraising.

From time to time, Baseballism raises funds for events, charities, and individuals. “Proceeds” from the sale of product refers to Net Proceeds (total revenue less cost).

6. Intellectual Property License and Ownership.

1. Intellectual Property. The Site and its entire contents, data, features, products, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Baseballism or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

Baseballism and related logos are trademarks and service marks (“Marks”) of Baseballism, Inc. Baseballism’s Marks may not be used without advance written permission of Baseballism, including in connection with any product or service that is not provided by Baseballism, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Baseballism. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Baseballism as described in the Copyright section (Section 18 below).

2. Limited License and Prohibited Uses. Baseballism grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content only as an informative resource and engage in transactions such as making purchases while using the Site. You will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased products or services.

Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Baseballism is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and under these Terms. You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation.

• Use the Site to exploit, harm, or attempt to exploit or harm anyone in any way.

• Send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Terms.

• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• Impersonate or attempt to impersonate Baseballism, any employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Baseballism, may harm Baseballism or users of the Site or expose them to liability.

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying (including scraping) any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Baseballism’s prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.

3. Publicity Rights. Publicity rights in Babe Ruth owned by The Family of Babe Ruth and the Babe Ruth League, licensed by Luminary Group, www.BabeRuth.com. Jobu appears courtesy of Morgan Creek Productions. Publicity rights of Roberto Clemente owned by 21 in Right, Inc.

7. Feedback, Testimonials, and User Content.

1. Feedback and Testimonials. You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations (“Feedback”) to us. By providing any Feedback to Baseballism, you grant us and our service providers, and each of their and our licensees, successors, and assigns, the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.

If you submit Feedback to us, you represent and warrant that:

• You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their licensees, successors, and assigns.

• All of your Feedback does and will comply with these Terms.

• You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not Baseballism, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Feedback.

2. User Content. The Site, including social media pages or sites connected to Baseballism, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content.

You also hereby grant Baseballism a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information on or in any and all media. Baseballism reserves the right, and has absolute discretion to, remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our services, at your sole cost and expense.

8. Buyer’s Representations & Warranties.

You represent and warrant to us as follows: (a) that you have the right and are legally permitted to enter into any transaction with Baseballism without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) that you will use the products and services purchased as intended and never in any way that would violate any applicable law or third party right of any kind; and (c) that you will not resell the products or services for commercial purposes.

9. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE BASEBALLISM ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, ALL SERVICES DELIVERED TO YOU, AND THIS SITE ITSELF, ARE PROVIDED ON AN “AS-IS” BASIS. BASEBALLISM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, BASEBALLISM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR USE; (c) WARRANTY OF TITLE; AND (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE.

10. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, BASEBALLISM, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, OR SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE AND/OR DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE SITE.

BASEBALLISM’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT OR ANY PRODUCTS OR SERVICES WILL NOT EXCEED $100.

BASEBALLISM WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

11. Indemnification.

You agree to defend, indemnify, and hold harmless Baseballism, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys’ fees), arising from or relating to your violation of these Terms or your use or misuse of the Site, including, but not limited to, your content and any use of the Site Content and products other than as expressly authorized in these Terms.

12. Injunctive Relief.

You agree that a breach of these Terms will cause irreparable injury to Baseballism for which monetary damages would not be an adequate remedy and Baseballism shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

13. Third-Party Beneficiaries.

These Terms do not entitle or confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.

14. Third-Party Websites.

This Site may include content provided by third parties or links that allow you to access websites or other online services that are owned and operated by third parties. The inclusion of content or links to external websites is for your convenience and does not constitute or imply support or endorsement of any kind. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Baseballism. Baseballism is not responsible for the content or accuracy of any material provided by any third parties, any products or services made available through third parties, or your use of or interaction with third parties. If you decide to access any third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.

15. Assignment.

Baseballism may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

16. Force Majeure.

Baseballism shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, acts of God, and/or terrorism of any kind.

17. Governing Law, Dispute Resolution, Limitation of Time to File Claims, and Class Action Waiver.

1. Governing Law. The laws of the State of Oregon will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

2. Dispute Resolution. The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise out of these Terms. The parties may, by mutual consent, retain a mediator to aid in their attempt to resolve any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement, or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, despite such good faith efforts, then the parties agree to submit to the exclusive jurisdiction of the courts located in Washington County, Oregon to resolve any dispute arising out of these Terms or your access to or use of the Site, our products, or our services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

3. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

4. Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

18. Copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may file a notification of such infringement with our designated Copyright Agent as set forth below:

Copyright Agent

Baseballism, Inc.

11035 Southwest 11th Street, Building B

Beaverton, OR 97005

Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.

19. Waiver and Severability.

Our failure to enforce any of our rights outlined in the Terms will not constitute a waiver of our right to make such enforcement in the future of such term or condition or any other term or condition.

If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Use by Minors.

This Site is intended for adults over the age of eighteen (18) years. We do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.

21. International Access.

The Site may be accessed from countries other than the United States. The Site or products may only be available for use in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site is appropriate or available for use in other locations. Users may not download, use, export, or re-export any Site Content on or through the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.

22. Term and Termination.

These Terms will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you.

You agree that Baseballism, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

23. Entire Agreement.

These Terms constitute the sole and entire agreement between you and Baseballism with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

24. Communications.

We may provide notices to you by email, postal mail, or by posting them on the Site. You are responsible for ensuring that you have provided us with your current email and mailing addresses. When we make any material changes to the Terms, we will update the Effective Date and may inform you by email at the address associated with your account. We will treat your continued use of this Site following such notice as your acceptance of the changes.

If you no longer wish to receive communications from Baseballism, you can click on the “unsubscribe link” provided in such communications or contact us using the information in Section 25 below. We may continue to send you necessary transactional communications, even if you opt-out of receiving newsletters or product update communications.

25. Contact Us.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, or these Terms, please contact us at believe@baseballism.com or by mail at: