BASEBALL AMERICA ENTERPRISES TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE TOGETHER WITH OUR PRIVACY POLICY, IT REPRESENTS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT (“AGREEMENT”) BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE. BY USING OUR WEBSITE YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO COMPLY WITH AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF, AT ANY TIME, YOU DO NOT OR CANNOT AGREE, PLEASE DO NOT USE OUR WEBSITE, LEAVE AND REDIRECT YOUR BROWSER ELSEWHERE, BECAUSE IF YOU USE, ATTEMPT TO USE OR CONTINUE TO USE OUR WEBSITE, IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. 

Understand the Meaning  of Terms That Apply When You Use Our Website (including our App)

We use “Baseball America”, “we”, “us”, “our” or “ours” and similar terms in this Agreement, to mean and refer to Baseball America Enterprises and when we use terms such as “user”, “visitor” “you”, “your”, “yours” and similar terms to mean and refer to anyone who uses our Website, including you. 

The term ‘website’ refers to a collection of web pages that are accessed with a single domain name or URL (uniform resource locator on the web portion of the Internet) and includes all the individual pages, multimedia details and files stored on a web server. The term “app” is short for application, and refers to a type of software designed to perform specific tasks on a digital device, including  mobile and wireless devices such as phones, tablets, laptops and desktop computers. Apps are typically downloaded from digital platforms called app stores, such as Google Play or the Apple App Store. 

When we use the capitalized term “Website” in our Agreement with you, it refers to and means the URL located at https://www.BaseballAmerica.com and our mobile app which you can download from the URL located at https://www.BaseballAmerica.com/mobile-app/ and shall also be construed to include any and all features, functions, resources and capabilities of the Website. 

When we use words such as “use”, “uses” or “using” or any variation of those words, it means and shall be construed to mean any actual or attempt to visit, browse, view, display, copy (e.g., image or text capture), access, communicate, submit or exchange information, take advantage of any features, functions, resources or capabilities we make available or otherwise interacting in any way with our Website.  A “user” is anyone who does or attempts to do any of these things, whether through a browser, mobile device or otherwise. 

For ease of reference, when we use words such as: (i) “applicable law” it means and refers to any and all laws, regulations, international treaties, judicial or other governmental orders that apply to you, to us and to the subject matter of this Agreement, including all intellectual property laws, and laws that relate to data protection, rights of privacy and publicity; and (ii) “include” or “including,” they mean and are to be construed as inclusive, comprehensive and only as examples, and not exclusive or limiting, and you should read them to mean “including, without limitation” or “including, but not limited to,” in each instance.

Among other things, our Website allows you to obtain information about us, contact us with questions or ask for more information, post comments, establish an account and/or become a subscriber, which allows you to access content, features and functions not generally available to users who do not have an account or a subscription, and any other features and functions we choose to make available to users. We may also display information, post content and include links to third parties if we think these may be of interest to you. All of the terms and conditions that apply to your use of our Website are contained in this Agreement, which includes our Privacy Policy, and you should refer to our Privacy Policy to learn how we handle information we obtain when you use our Website. Your use of and right to use our Website is exclusively governed by this Agreement. 

Privacy

We respect your privacy and protecting your information is important to us. Our Privacy Policy is part of our Agreement with you and describes how we obtain, collect, store, process, share and use information we obtain through our Website. You should read it carefully since our Privacy Policy also sets forth and describes your rights and obligations with regard to your information. If we give you the ability to post comments or other information, whether directly or through a third party (e.g., Disqus), do not post any personal or personally identifiable information because if you do you should understand that information becomes available to other users of our Website and may become available publicly. You, and only you, are responsible for any comments, information or content you post or otherwise share, exchange or provide on, through or using our Website.

Ownership and Rights to Content

We either own, control or have a right or license to use all the articles, text, stories, images, video and other content and material on our Website, including all copyright, service and trademark rights, logos, trade names, brands, proprietary products and services and all other distinctive material, audio, visual and audio-visual, as well as the compilation, combination, look and feel and other aspects of how we organize and display the Website (“Content”). Some Content may only be available to Members who have set up an account with us and some Content may only be available to Subscribers and we reserve the right to determine what Content may or may not be available to guest and visitors who are users of our Website or to those who are Subscribers or have an account with us.  

In addition, some of the Content displayed on our Website may originate from other websites and providers through hypertext links, embedded video players or other technology that may allow you to view the Content, even though that Content is actually being displayed by their servers, not ours. In those instances, since you are actually viewing Content from another provider, you may be allowing those third parties to access and obtain your personal information, so you should read the section in our Privacy Policy entitled Links to Other Websites and Social Media for more information. If there is Content on our Website that does not exclusively belong to us, including videos, as well as images of people and places, we have obtained the necessary rights from the rights holder. When we use the term “Website,” unless the context clearly indicates otherwise, it also includes all Content on, associated with or available through the use of our Website. Content is protected by intellectual property laws and international treaties, as well as rights of privacy and publicity and other laws and regulations that apply and you have no right to copy or use any Content unless you have obtained our express written permission in advance.

If you are the holder of a copyright and believe your intellectual property has been improperly posted or displayed on our Website, please notify our designated Digital Millennium Copyright Act (“DMCA”) agent immediately at: customerservice@BaseballAmerica.com  or by mail at BASEBALL AMERICA ENTERPRISES, PO BOX 12877 DURHAM, NC 27709. Attention: DMCA Notice. It is our policy to respond appropriately to notices of alleged infringement that comply with the DMCA, including by removing or disabling access to material claimed to be the subject of infringing activity.  DMCA Notices must be in writing and must include the following information:

1. a) an electronic or physical signature of the rights holder or person authorized to act on behalf of the copyright owner;
2. b) a description of the copyrighted work that you claim has been infringed;
3. c) the URL of the site and a description of where the material that you claim is infringing is located on that site;
4. d) your address, telephone number, and email address; and
5. e) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law. 

You must also include a statement, made under penalty of perjury, that all the information in your DMCA Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly being infringed.

Interested in Receiving Information from Us?

If you are you interested in receiving more information about us, our products, services and activities, including marketing messages and our newsletters that contain editorial and other content (“Informational Messages”) our Website may allow you to enter your email address and subscribe to receive Informational Messages from us. If you decide to opt-in, by entering your email account address and submitting it to us, you acknowledge, understand and agree that constitutes your request to us and your consent for us to send you Informational Messages. As we make clear in our Privacy Policy, you can always opt out of receiving Informational Messages by using the unsubscribe link at the bottom of all external e-mails or by sending a request in writing at the address in our Privacy Policy.  Bear in mind we always have the right to  communicate with you with respect to your account, your subscription or any other relationship you have with us and also to respond to your requests or any other exchange of information or transaction you initiate with us, but these are not “Informational Messages” within the meaning of the definition above.

Subscribing to Our Content

In order to subscribe you will need to register and set up an account with us (see the “You Can Set Up an Account and Become a Member” section of this Agreement, below). In order to become a subscriber and Member you will also need to provide us with your payment information (“Payment Method”) in order to pay for the subscription plan you select and that process is more fully described in the section below entitled “Payment Methods”). 

We offer several subscription plans that provide Content that is only available to Members, and you can view the available plans and the fees that apply, at any time at Sign Up to Subscribe.  The subscription fees and charges such as taxes and any transaction fees that apply, will be charged to your Payment Method based on the subscription plan you select. We generally require an initial payment as soon as you subscribe and then periodically in advance, depending on the plan you select. Subscription plans automatically renew and we will notify you in advance of any automatic renewal. You have the right to notify us you wish to cancel and terminate your subscription at any time in the same way you signed up for a subscription by going to your “Account” and following the cancellation instructions or by email at customerservice@BaseballAmerica.com at least fifteen (15) days in advance.  Your cancellation will be effective immediately, although if you have already paid us, we will still send you or allow you to access content under your subscription until the last day of the current period of your subscription. If you don’t notify us of cancellation, your subscription will automatically renew for the same subscription plan period for which you initially subscribed. Of course, you can change your subscription plan any time and in general your changes will become effective at the end of your next billing cycle. If you have subscribed using a third party service, you will need to follow their instructions and comply with their requirements (e.g., turning off auto-renew;  unsubscribing) to cancel your Member subscription. 

Subscription payments are non-refundable and unless we suspend, cancel or terminate your subscription as permitted in this Agreement, you will still have access to your subscription and be a Member until the end of your current billing cycle. We have the right to suspend, cancel and/or terminate your subscription and status as a Member and deny you access to your account at any time if you fail to pay the fees and charges you agreed to pay (e.g., your Payment Method is declined or refuses to authorize payment to us) or if you breach any term or condition of this Agreement. 

We reserve the right to change our subscription plans or adjust pricing for our subscription plans at any time, in our sole and absolute discretion and if you are a Member we will notify you of any pricing changes and/or material changes to your subscription plan in advance. Unless otherwise expressly stated in the subscription plan you selected and in which you are currently enrolled, any price changes or changes to your subscription plan will take effect on the date specified in the notice. If we increase the price of any subscription plan or make material adverse changes to any subscription plan in which you are enrolled, you will have the right to cancel (or modify) your subscription at any time, and your cancellation (or modification) will be effective at the end of the billing cycle immediately prior to the effective date of any such changes. 

Ordering Items From Our Online Store

Our Website may include an online store where you can order those products and services we make available to users. Although we encourage you to set up an account with us and become a Member (see the Section below entitled “You Can Set Up an Account”), you are not required to do so and can order products and services as a user that is only a guest or visitor.  Even if you choose not to set up an account, you will still have to enter your email address, shipping, payment and other information necessary for us to fulfill your order.  

You Can Set Up an Account and Become a Member

There is no charge or fee to become a Member or set up an account with us and allow us to save your information, but you must be at least 18 years of age and a legal resident of the United States in order to set up an account.  Doing so makes ordering goods and services from us, subscribing to our Content and/or interacting with us easier, but there are some additional terms and conditions that will apply to you. If you choose to register, you will be asked to create an account, set up a user profile and once properly completed, we will authorize you to log in to our Website (“Member”). As a Member we will use the information you provide us in your profile and during registration, among other things, to process and fulfill your orders for goods or services, your subscriptions, to provide you with customer service and to notify you of promotions, events and activities.

During the registration and account set-up process you will specifically be asked to agree to the terms and conditions that apply to Members, as described in this section of our Agreement. Each time you log in, you will once again be acknowledging and agreeing to abide by and comply with these terms and conditions as part of your Agreement with us and you should  check frequently to be sure you are aware of the current terms and conditions that apply to you as a Member. If, for any reason and at any time, now or in future, you are unable or unwilling to agree to all of the terms and conditions in this section of our Agreement with you, do not log in or access your profile or your account or if you are already logged in, log out immediately, because if you log in and/or continue to use your account, you are confirming you are still a Member and agree to comply with all of the terms and conditions of our Agreement with you, including the terms and conditions in this Section.

 As part of the registration process, you will need to select a unique username and password combination (your “User ID”). During the registration process, we may also require you to authenticate and verify your e-mail account address, phone number and/or other information for security purposes before we can confirm your status as a Member and allow you to log in and set up your account. Your User ID, the information in your profile and that you provide to us, helps us manage the security of your account to ensure that you, and only you, have access to your account and account information. We will also use the information in your profile and account to ensure we can contact you for security purposes in future. 

It is very important that you provide us with accurate, complete and current information when you set up your profile and you must be sure to update your profile promptly when changes occur, including any changes to your payment information. You can update your profile and account information and change your password at any time by logging into your account. You are not permitted to share your User ID or your password with anyone, and it is your responsibility to protect the confidentiality and security of your password, your unique User ID and your profile and account information. 

Please understand you are and will be solely responsible for any activity associated with your User ID, your profile and/or your account, so if you know, discover or suspect your password or User ID has been compromised you should contact us immediately, because unless and until we receive such a notice from you, you remain solely and fully responsible and liable for any and all activity, transactions, violations of law and/or breaches of the Agreement, using or attributed to the use of your User ID, even if you did not know and/or did not authorize the activity. If you use or attempt to use any other person’s name, User ID or attempt to impersonate someone else, any such activity is in violation of this Agreement and may subject you to civil and/or criminal liability. We have the right to report your activity to law enforcement and other governmental authorities.  

You will use your User ID to log in to your account, which makes managing any subscriptions you may have or wish to subscribe to and ordering goods and services from us simpler and easier. We may also provide Members with certain promotions, offers and benefits we choose to make available only to our Members from time to time. We will use the information in your profile and account to communicate with you about your orders, transactions and activities you engage in on the Website, matters relevant to your account and customer service inquiries you make or assistance you may require. As a Member, we may also send you information we think may be of interest to you, consistent with our Privacy Policy. 

If you use your account or your status as a Member to engage in any activity that is in violation of this Agreement or any law or regulation, we reserve the right to suspend or terminate your status as a Member, your subscription(s), and your right to log onto your account, without notice. We also reserve the right to provide information to law enforcement authorities, if we deem it necessary or appropriate. 

Payment Methods

To subscribe to Baseball America’s Member subscription plans or to order from our online store, you must provide one or more means by which you will pay us the fees and charges you have agreed to pay us (each, a “Payment Method”). You authorize us to charge any secondary Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee or for any goods or services you may order from our online store or otherwise.

When you become a subscriber and Member or if you order from our online store (whether as a guest or a Member), you will be redirected to our third party e-commerce operational service provider we use, to process your payment information. We currently use Stripe  (https://stripe.com/) to process payments for us (“Payment Processor”).  Whether you are a guest or a Member, whenever you are initiating an order from us, you should review the Payment Processor’s privacy policy that sets out the terms and conditions applicable to their use of your information before using their e-commerce platform to subscribe to any of our subscription plans and/or initiating an order with us. The Payment Processor’s privacy policy applies to all the information you provide on their platform and is subject to their privacy policy not ours, even if they request the same or similar information from you. While our Payment Processor does provide us with information we need to authenticate your order (i.e., the type of payment method and for authentication purposes, the last four digits of that method), they do not send us any information concerning the financial institution or payment account you used to subscribe or order.

Once you subscribe or order and your payment is confirmed, the Payment Processor notifies us, and we can then continue your subscription and/or fulfill your order. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your account and any subscription and hold the fulfillment of your order until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as fees relating to the processing of your Payment Method and you should check with your Payment Method provider for details.

Using Disqus to Post Comments

You can also subscribe and register with Disqus (https://disqus.com/), an independent third party that provides companies such as ours with functionality we can embed on our Website and that allows users to post comments. When you become a subscriber to Disqus (or any other similar functionality we may provide or enable on our Website), you are agreeing to their terms and conditions and privacy policy so you should review them carefully before you agree to sign up.  Once you do, you will be required to comply with their terms and conditions and be subject to their privacy policy, in addition to ours. Furthermore, we have the right to monitor and moderate any comments you post and to remove any that may be offensive or otherwise inappropriate, in our sole judgment, discretion and determination. We may also suspend your right to post comments on our Website, and we may report your conduct to Disqus as well as any governmental or law enforcement authorities, depending on the comment and circumstances surrounding your actions. 

Prohibited Conduct; Reporting Violations

You may not use our Website, including posting any information or content, in any way other than as permitted under this Agreement or in any manner that is illegal, would be considered offensive, infringes the rights of any other party, is inappropriate or does, is likely to or is intended to harass, interfere with, cause harm to or distress or disparage any party, including us. You are prohibited from attempting to or actually interfering with, disrupting or damaging our Website or the normal operation of our Website and you may not interfere with, impair or try to prevent anyone else from accessing our Website. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which violates the provisions of this Agreement, including our Privacy Policy, or any law or regulation, including any act or omission that may or could compromise or endanger any person, cause or lead to damage to persons or property, adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other person, firm or enterprise, interferes with or bypasses any security or other protective measures applicable to our systems, networks and communications capabilities, you may be subject to legal action, civil and potentially criminal charges depending on the circumstances and we not only reserve, cumulatively, all rights and remedies available to us at law, in equity and under this Agreement, but we also reserve the right to report and provide information to regulatory and law enforcement authorities.

Third Party Material and Links on Our Website

Our Website may contain content, information and materials, as well as hypertext links to websites (URLs) of others (“Third Party Content”). We don’t monitor or review Third Party Content, nor are we responsible for Third Party Content or where any links may redirect your browser or mobile device. We also are not responsible for third party privacy practices or policies and you should make sure you review their terms, conditions and privacy practices carefully, because if you select (mouse click) certain Third Party Content and your browser or mobile device is redirected by a hypertext link or other technology, you will be leaving our Website and your information and any activity or transactions you engage in will be under the control and subject to the terms and policies of that third party and not us. The existence of Third Party Content on our Website is not, does not and should not be construed as an endorsement or representation by us of any kind and we are not liable or responsible for them in any way. You select, browse and use all Third Party Content solely and exclusively at your own risk. 

You Agree to Arbitration

You agree that any controversy or claim arising out of or relating to your use of the Website, or relating to your Agreement with us, including any subscriptions, goods or services we provide shall be exclusively initiated, adjudicated and settled by binding arbitration held in Wilmington, Delaware (or such other venue as the parties may mutually agree) in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment and/or any award rendered as a result of any such arbitration proceedings shall be binding and final and may be entered into and enforceable by any court having jurisdiction over the parties or the subject matter. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any federal or state court in the event of your breach or threatened breach of any of the provisions of this Agreement. 

Limit of Liability; Risk of Loss; Indemnity

Our Website is made available “AS IS” and “AS AVAILABLE” without representations or warranties of any kind, whether express or implied or arising by operation of law. We are not and will not be responsible to you or any third party in connection with your use of our Website. We cannot and do not guarantee your use of our Website will be uninterrupted, error free, free of defects or even free from malware or malicious code. You are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security and protection of your devices, equipment, programs, communication technology and information. By using our Website, you are assuming all risk of loss or damage that may arise or be associated with such use. We are also not liable if our Website contains typographical or other errors and we reserve the right to make corrections at any time without notice to you.  To the fullest extent permitted by law, we disclaim and are not responsible or liable to you or any other party for any loss or damage of any kind (direct, indirect, consequential, incidental or otherwise), including loss or damage to any technology or mechanism you use to view, communicate, interact with or use our Website. If, for any reason, we are held liable to you for any damages, our liability and your right to recover damages from us is limited to the total dollar amount you have paid us in the six month period immediately preceding the date when your right to recover damages or your claim for damages first arose.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

By accessing our Website, you are also agreeing to fully indemnify us and hold us harmless from any claims, actions, threats and proceedings of any kind, as well as any liability, losses, damages costs and expenses we may suffer or incur, as a result of your violating or failing to comply with any of the terms or conditions in this Agreement, as well as any actions you take, directly or indirectly, that cause harm or damage to us, our Website our systems, communications networks and technology or to any other party.

Amendments

We reserve the right to amend this Agreement at any time and from time to time. Amendments will become effective when an updated Agreement is posted on our Website. Your use of our Website on or after the effective date of an amendment, will constitute your agreement with all the terms, conditions of the Agreement, as amended, including our Privacy Policy. If, for any reason and at any time, you do not or cannot agree to comply and be bound by all of the terms and conditions in our Agreement, please leave and do not use our Website. 

Governing Law

Any claim or action arising out of or relating to our Website will be construed, governed and enforced under the laws of the State of Delaware and any applicable Federal laws of the United States and by using our Website you unconditionally and irrevocably submit to the personal jurisdiction of those courts. You agree to resolve all claims or disputes and initiate and adjudicate all legal, regulatory or judicial proceedings in those courts and you waive any right to plead or claim they are an inconvenient or improper forum. 

YOU ALSO HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

General

Our Privacy Policy is incorporated and forms a part of this Agreement as if fully set forth herein. This Agreement is the entire agreement you have with us regarding the subject matter and your use of our Website and supersedes any and all prior or inconsistent promises, understandings, representations or agreements. If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified as minimally as necessary to make it valid and enforceable, while still preserve the meaning and intent of the original provision, but if doing so is not reasonably practicable, the invalid or unenforceable provision will be severed from this Agreement, without affecting any remaining provisions which will continue in full force and effect. Headings are for reference and shall not affect the meaning of any term or condition. If we delay or fail to enforce any provision of this Agreement, that does not mean we waive our right to do so at any time, nor does it mean we are waiving the right to enforce any other provision or exercise any rights, and we specifically and cumulatively reserve any and all rights we may have to enforce this Agreement and exercise our rights at any time. Any provision which must survive to allow us to enforce the plain meaning of any terms or conditions shall survive as long as necessary to be effective to allow us to do so. 

Contact Us

If you have questions or comments about our Website or any of the terms, conditions or provisions of our Agreement, whether these Terms of Use or our Privacy Policy, you can send them to us at  customerservice@BaseballAmerica.com or by regular postal mail to: 

Baseball America Enterprises
PO Box 12877
Durham, NC 27709

Attention: Website Inquiries

Please include enough information to allow us to identify and respond to you and your question or request.

Last Update: Nov. 11, 2025.