TheBaseballLifestyle.com (“TheBaseballLifestyle”, “we”, “us”, “our”) provides an online platform (the “Platform”) to purchase and sell baseball products, apparel, and accessories (collectively, “Products”). These Conditions & Terms of Service (“Terms”) govern the use of the Platform by users (“Users”). By using the Platform, you agree to be bound by these Terms and the TheBaseballLifestyle Privacy Policy (the “Privacy Policy”).
User Registration
In order to use the Platform, you must register and create an account (“Account”). You must provide accurate and complete information when registering your Account, and you may not use false or misleading information or impersonate any person or entity. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.
User Accounts
You are solely responsible for the activity that occurs on your Account, and you must keep your Account information secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any losses caused by any unauthorized use of your Account.
Platform Content
The Platform includes content owned or licensed by us, including images, text, graphics, logos, button icons, software, audio clips, digital downloads, and data compilations (“Content”). You are granted a limited, non-exclusive, non-transferable, revocable license to use the Content for your personal, non-commercial use. You may not modify, reproduce, create derivative works from, distribute, publicly display, or otherwise use the Content in any way without our prior written consent.
User Content
The Platform may allow you to upload, post, or otherwise transmit content, reviews, comments, or other materials (“User Content”). You are solely responsible for your User Content and any consequences of posting or publishing it. You may not post or transmit User Content that is illegal, obscene, defamatory, libelous, or that infringes any third party’s intellectual property or other rights.
Purchase of Products
The Platform allows you to purchase Products from us or from other Users. All purchases are subject to these Terms and the applicable terms of sale. All prices are in U.S. dollars, and all payments must be made in U.S. dollars. We reserve the right to change prices at any time without prior notice. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your purchase of Products.
Returns and Refunds
You may return any Products purchased through the Platform in accordance with our Return Policy. We reserve the right to refuse any returns or exchanges that do not comply with our Return Policy. We do not provide refunds for any Products purchased through the Platform.
Sale of Products
You may sell Products through the Platform, subject to these Terms and the applicable terms of sale. You are solely responsible for setting the price of the Products you sell, and we reserve the right to change or remove any pricing information at any time without prior notice. We may impose certain limits on the prices you may set for your Products. You are solely responsible for collecting payment for any Products you sell, and you must comply with all applicable laws and regulations.
Copyright Infringement
We respect the intellectual property rights of others and expect our Users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of Users who infringe or are believed to be infringing the copyright or other intellectual property rights of others.
Disclaimer of Warranties
The Platform and all Content and Products are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Platform will be error-free, uninterrupted, or secure. You use the Platform at your own risk.
Limitation of Liability
We shall not be liable for any losses or damages arising in connection with the Platform, Content, or Products, including, but not limited to, any direct, indirect, special, incidental, consequential, or punitive damages. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for the applicable Product.
Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, damages, and costs, including, but not limited to, attorneys’ fees, arising from or related to your use of the Platform, Content, or Products.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you hereby consent to the personal jurisdiction of such courts.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Changes to These Terms
We reserve the right to modify these Terms at any time. The most current version of these Terms will be posted on the Platform and will supersede all prior versions.
Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected].