Baseball Rules Academy
Terms & Conditions
The Baseball Rules Academy website (“Website”) and related services (together with the Website, the “Service”), including our achievement tests, course quizzes, videos, and Insider Reports, are operated by BASEBALL RULES ACADEMY, LLC. (“BASEBALL RULES ACADEMY,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. BASEBALL RULES ACADEMY may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website and Services
The Service allows users to (i) learn the official baseball rules, and, when properly registered, (ii) take examinations in the Academy Courses, (iii) read Insider Reports, and (iv) access educational videos. Users interested in learning baseball rules are presented with different types of educational activities; while they perform these activities, the website keeps track of usage and points. BASEBALL RULES ACADEMY may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by BASEBALL RULES ACADEMY; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to BASEBALL RULES ACADEMY, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
In the event that a user wishes to cancel and refund their subscription, BASEBALL RULES ACADEMY will refund the subscription amount within thirty (30) days of user’s original subscription purchase. The user must submit a “refund request” form (link here). After thirty days, refunds will not be issued. In the event of a Site Issue, Baseball Rules Academy will, at its option, either (a) provide the user with a refund for the affected issue, or (b) use reasonable efforts to resolve the issue. For purposes of this Section, “Site Issue” means: (i) the inability to interact with the website, view videos, or take tests due to a failure in the Website. Whether an issue constitutes a Site Issue will be determined by BASEBALL RULES ACADEMY in its reasonable discretion. The amount of any refund will depend on the nature of the Site Issue and will not exceed the total amount actually paid by the user for the affected subscription. To submit a valid claim for a refund, a user must (a) submit the Site Issue in writing to BASEBALL RULES ACADEMY within 24 hours after the Site Issue occurs, and respond to BASEBALL RULES ACADEMY’S requests for information or cooperation, (b) not have directly or indirectly caused the Site Issue, and (c) have met all site requirements when taking the test prior to making a claim for a Site Issue.
To submit claim for a refund, please go to our Contact Us page to provide us with your:
Name, email/contact information
Is this request within thirty (30) days of your subscription purchase?
If Y, why are you applying for a refund?
- Too expensive
- Didn’t use the site
- Website didn’t work (please explain)
- Dissatisfied with website (please explain)
- Other (please explain)
If this refund request is after the first thirty days of your subscription, what is the technical issue? (Please explain)
Links to third party sites/Third party services
Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BASEBALL RULES ACADEMY and BASEBALL RULES ACADEMY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BASEBALL RULES ACADEMY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BASEBALL RULES ACADEMY of the site or any association with its operators.
Certain services made available via Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the this website’s domain, you hereby acknowledge and consent that BASEBALL RULES ACADEMY may share such information and data with any third party with whom BASEBALL RULES ACADEMY has a contractual relationship to provide the requested product, service or functionality on behalf of Website’s users and customers.
Use of communication services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
BASEBALL RULES ACADEMY has no obligation to monitor the Communication Services. However, BASEBALL RULES ACADEMY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BASEBALL RULES ACADEMY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BASEBALL RULES ACADEMY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BASEBALL RULES ACADEMY ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BASEBALL RULES ACADEMY does not control or endorse the content, messages or information found in any Communication Service and, therefore, BASEBALL RULES ACADEMY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BASEBALL RULES ACADEMY spokespersons, and their views do not necessarily reflect those of BASEBALL RULES ACADEMY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Website or posted on any BASEBALL RULES ACADEMY web page
BASEBALL RULES ACADEMY does not claim ownership of the materials you provide to Website (including feedback and suggestions) or post, upload, input or submit to any BASEBALL RULES ACADEMY Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BASEBALL RULES ACADEMY, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BASEBALL RULES ACADEMY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BASEBALL RULES ACADEMY’S sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
NO REPRESENTATIONS OR WARRANTIES BY BASEBALL RULES ACADEMY
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY BASEBALL RULES ACADEMY ARE PROVIDED TO YOU ON AN “AS IS” BASIS. BASEBALL RULES ACADEMY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BASEBALL RULES ACADEMY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL BASEBALL RULES ACADEMY BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF BASEBALL RULES ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BASEBALL RULES ACADEMY’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BASEBALL RULES ACADEMY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
The Communication Service and Website is controlled, operated and administered by BASEBALL RULES ACADEMY from our offices within the USA. If you access the Service or Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BASEBALL RULES ACADEMY Content accessed through Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Baseball Rules Academy may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Baseball Rules Academy account at any time by following the instructions available through the Service. (need to provide instructions on how to cancel subscription). A refund will not be issued automatically; the user must submit a request for refund using the form available (HERE). The provisions of these Terms and Conditions relating to the protection and enforcement of Baseball Rules Academy proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
BASEBALL RULES ACADEMY reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BASEBALL RULES ACADEMY or any of BASEBALL RULES ACADEMY’S affiliates as a result of this agreement or use of the Site. BASEBALL RULES ACADEMY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BASEBALL RULES ACADEMY’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by BASEBALL RULES ACADEMY with respect to such use. If any part of this 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BASEBALL RULES ACADEMY with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BASEBALL RULES ACADEMY with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, video, Insider Reports, blog posts, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of BASEBALL RULES ACADEMY or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and BASEBALL RULES ACADEMY, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by BASEBALL RULES ACADEMY and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. No materials published by BASEBALL RULES ACADEMY may be reproduced on any site without the express written permission of BASEBALL RULES ACADEMY. By using the Service, you hereby assign to BASEBALL RULES ACADEMY any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Baseball Rules Academy or its licensors that are not expressly granted in these Terms and Conditions are reserved to Baseball Rules Academy and its licensors.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BASEBALL RULES ACADEMY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BASEBALL RULES ACADEMY’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BASEBALL RULES ACADEMY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BASEBALL RULES ACADEMY or our licensors except as expressly authorized by these Terms.
“Baseball Rules Academy” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Baseball Rules Academy or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Baseball Rules Academy name or any Baseball Rules Academy or third-party trademarks, service marks, graphics or logos.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to BASEBALL RULES ACADEMY pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
BASEBALL RULES ACADEMY Agent for Notice of claims of copyright infringement can be reached as follows:
- By email: firstname.lastname@example.org
You agree to indemnify, defend and hold harmless BASEBALL RULES ACADEMY, its members, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BASEBALL RULES ACADEMY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BASEBALL RULES ACADEMY in asserting any available defenses.
Governing Law and Arbitration
These Terms and Conditions, its subject matter and BASEBALL RULES ACADEMY and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the State of Ohio, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and BASEBALL RULES ACADEMY will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the County of Hamilton in the State of Ohio. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BASEBALL RULES ACADEMY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between BASEBALL RULES ACADEMY and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by BASEBALL RULES ACADEMY or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. BASEBALL RULES ACADEMY may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of BASEBALL RULES ACADEMY and you, and BASEBALL RULES ACADEMY’S and your respective successors and permitted assigns.