Terms of Use Agreement
The effective date of this Terms of Use Agreement (“Agreement”) is June 5, 2018. This version of the Agreement replaces and supersedes any prior terms of use applicable to the websites or application located at usabdevelops.com, usabaseballshop.com, usabat.com, usabaseballphotos.com (and all subdomains), and the USA Baseball App and related mobile application(s) (collectively the “Site”).
This Site is owned by United States Baseball Federation, Inc., dba USA Baseball. (“USAB;” “we”, “us” and “our”, as applicable). USAB and its affiliates, provide this Site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your personal use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions.
Changes to this Agreement
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your continued use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.
Privacy Information
By visiting or using this Site and its related services, contacting us through this Site or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here: https://usabaseballshop.com/pages/privacy-policy-terms-of-use.
General Use and Site License
This Site and its related services are intended only for use by those who are 18 years of age or older. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site.
We grant you a limited, nonexclusive and revocable license to make use of the Site and related services, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of USAB and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm USAB or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.
You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of USAB or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of USAB or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on this Site is either the property of USAB or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of USAB and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with USAB’s ownership of the Site and its content.
The trademarks, logos, and service marks displayed on this Site are owned by USAB and other third parties, and this Site’s trade dress is owned by USAB. All trademarks not owned by USAB are the property of their respective owners, and, where used by USAB, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. USAB’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with USAB’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), USAB has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Site or the other USAB properties (the “Designated Agent”). All such notifications relating to this Site or the other USAB properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit USAB to locate the material.
D. Information reasonably sufficient to permit USAB to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or email to USAB’s Designated Agent as follows:
Service Provider: USA Baseball
Full Address of Designated Agent:
Karen Gaunt, Dinsmore & Shohl, LLP,
255 E. 5th Street, Suite 1900,
Cincinnati OH, 45202
Facsimile Number of Designated Agent: (513) 977-8141
Telephone Number of Designated Agent: (513) 977-8503
E-mail Address of Designated Agent: karen.gaunt@dinsmore.com
Your Account
Before you can make use of certain services associated with this Site, you may be required to register with the Site and create a user account. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Payment Processing
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Site. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Site, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
Submission of Content and User Activity
From time to time, we may make available on the Site certain services, features, or sections that allow users to post or upload materials to the Site. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Site, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Site, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
Company disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Site. The opinions expressed in postings or other Content on the Site may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Site is provided “as is.” You understand that by using the Site, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. You should be aware that your use of and reliance on Content is at your own risk.
Company has no obligation to review, monitor, delete, or edit the Site, including user Content. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
Site Promotions
All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
This Site may contain links to third-party websites or other resources that offer the sale of goods and services. The user acknowledges that USAB is a member of affiliate programs with certain third-parties, including Amazon and certain equipment manufacturers.
Artificial Intelligence
Our services may incorporate artificial intelligence (“AI”) technologies, including automated agents, chatbots, virtual assistants, and recommendation system, that process user inputs and other data to generate responses, summaries, insights, or recommendations. You acknowledge and understand that AI-generated content may not always be accurate, complete, or appropriate. Any AI-generated content on the Site and any related services is provided for informational purposes only and is not a substitute for advice from a qualified professional.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
USAB provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify USAB, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY USAB ON AN “AS IS” AND “AS AVAILABLE” BASIS. USAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, USAB DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, USAB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. USAB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. USAB DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, USAB IS NOT RESPONSIBLE FOR THOSE COSTS.
NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, USAB WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON USAB’S COMPUTERS AND/OR SERVERS. USAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF USAB’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF USAB, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO USAB TO ACCESS ITS SERVICES AND/OR SITE WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless USAB, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your Content, your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against USAB with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
This Site is created and maintained by USAB in the State of North Carolina. You agree that the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and USAB or its affiliates. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Wake County, North Carolina and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
No Class Action
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
You understand that by agreeing to this class action waiver, you may only bring a dispute against us in an individual capacity, not as a representative or member of a purported class, or as a private Attorney General. You agree that any disputes shall not be consolidated with any dispute of any other party. You agree that the arbitrator may not consolidate their claims with any other party, and may not otherwise preside over any form of a representative or class proceeding.
General Information
This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of USAB. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. USAB’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
Contact Information
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
USA BASEBALL
280 Brooks Park Lane, Suite 200
Cary, NC 27519
info@usabaseball.com
This Privacy Policy governs the manner in which USA Baseball (“Company,” “we”, or “us”) collects, uses, maintains and discloses information collected from users (each, a “User,” or “you”) when you interact with our websites or applications or use our services (collectively, the “Services”), or when you otherwise interact with us. (as defined in the Terms of Use Agreement). By using this our Services, you signify your acceptance of this Privacy Policy.
Personally identifiable information
We collect personally identifiable information (the “PII”) from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other information. Users may, however, visit our Site anonymously.
We will collect PII from Users only if they voluntarily submit such information to us. Users can always refuse to supply PII; however, refusing to provide PII may prevent a User from engaging in certain Site-related activities.
Other information
We automatically collect other information about Users whenever they interact with our Site. This automatically collected information may include the browser name, the type of computer, the IP address, the domains from which Users are referred to the Site, and technical information about a User’s means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Background Checks
If any user is the subject of a background check conducted by a third party in connection with any USAB programs or activities, USAB will obtain the results of the background check from that party and reserves the right to share or disclose those results with any person or third party at its sole discretion.
Web browser cookies
Our Site may use “cookies” to enhance our Users’ experiences. Your web browser places cookies on your hard drive for record-keeping purposes and to identify you should you visit the Site again. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you reject cookies, you may still use the Site but please note that some parts of the Site may be limited or not function properly.
Information collected from third party services
We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Privacy Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.
How we use collected information
We collect and use our Users’ information for the following purposes:
To run and operate our Site and other services
We use your information and share it with select third parties in order to display content on the Site correctly and to otherwise fulfill the purposes for which you provide it. We also use your information and share it with select third parties in order to maintain and develop the Site and in connection with other services we provide. For example, if you give us an email address to sign up for communications from us, we will use that email information to contact you as requested.
To improve customer service
Information you provide helps us respond to customer service requests and support needs more efficiently.
To research our services
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site and to evaluate the effectiveness of the Site and our marketing and business efforts.
To improve our Services
We use User information and feedback and share it with select third parties to improve our products and services.
To communicate with Users
We may use your email address to send you information and updates or to respond to your inquiries, questions, and/or other requests. We also use User information and share it with select third parties on an ongoing basis to share details, news, and marketing information about our services and the services of select third parties.
To deliver direct marketing
We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.
To improve safety and security
We may use your PII and/or deidentified information to promote the safety and security of the Service, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We may also disclose any collected information, including PII, if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith that disclosure is necessary to protect our rights, interests, or property; (3) we are acting in good faith to protect your safety or the safety of others, to investigate fraud, or to respond to a government request; (4) we believe in good faith the disclosure is required by law, such as to comply with a subpoena, search warrant, court order, or similar legal or administrative process; and (5) a third party purchases or otherwise acquires us or the Site, in which case your information will likely be among the assets transferred.
How we protect your information
We have adopted appropriate data collection, storage and processing practices and security measures to help protect against unauthorized access, alteration, disclosure or destruction of your PII stored in connection with our Site.
How we share your personal information
We may disclose Users’ PII to certain third parties for a business purpose as described below. Otherwise, we do not sell, share, or rent PII and will not disclose Users’ PII to third parties without your permission.
To our affiliates
We may disclose your PII to affiliates, including companies within the USAB group.
To service providers and contractors
We may disclose your PII to service providers and contractors that assist us in providing user support, processing payments, shipping and delivering orders, marketing, advertising, communicating with Users, and promoting our Services, or that otherwise perform business functions on our behalf relating to our Services.
To advertising and marketing partners
We may disclose Deidentified Information to third-party advertising partners who help us serve advertisements across the web. This information does not identify you personally, but it may be used by those marketing and advertising partners and other third parties to enable them to recognize you on other sites and services. Depending on where you reside, this disclosure may be considered a “sale” and you may have the right to opt out.
Law enforcement, safety, and legal processes
We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
Sale or acquisition of assets
If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Privacy Policy.
As disclosed or consented to
We may disclose your PII for any other purpose disclosed by us at the time you provide that PII, or otherwise with your consent.
Security
The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications network.
Electronic newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via the contact information listed below.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties (“Linked Sites”). We do not control the content or links that appear on these Linked Sites and are not responsible for the practices employed by Linked Sites. Browsing and interaction on any Linked Sites is subject to that website’s own terms and policies. Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and we are not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non-personally identifiable information” and does NOT track PII about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html.
Changes to this privacy policy
We have the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the PII we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your continued use of the Services following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
Children’s Privacy
The Site is not designed to solicit or collect data from individuals under the age of 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect or store any PII, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13 in violation of this Privacy Policy, we will delete that information within a reasonable time. If you believe that we have any information from or about anyone under the age of 13, please contact us at the contact points specified below.
Controlling and Updating Your Personally Identifiable Information
If you believe that the Site contains information about you that needs to be updated or corrected, you can update that information by contacting us at the contact information below.
Your California Privacy Rights
California’s “Shine the Light” law permits Users of our Services that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
California Do Not Track Disclosures
We do not collect PII about users’ online activities over time and across third-party web sites or online services. For this reason, at this time, the Site does not respond to “do not track” signals. Third parties may collect PII through the Site as described in this Privacy Policy.
Your Privacy Choices
We strive to provide you with choices regarding the PII you provide to us. We have created mechanisms to provide you with the following control over your PII:
Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts or functions of our Services may then be inaccessible or not function properly.
Promotional Communications: If you do not wish to receive promotional emails, text messages and/or other direct marketing communications from us, you may opt-out at any time by (i) following any instructions included in the communication or (ii) contacting us at info@usabaseball.com. You can deactivate these messages at any time by changing the notification settings on your browser. Please be aware that although you may opt out of promotional emails, text messages and/or other direct marketing communications, we reserve the right to email you administrative notices regarding our Services and other non-promotional messages, as permitted under the CAN-SPAM Act.
Sharing of Your Information for Third-Party Advertising: If you do not want us to share your PII with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@usabaseball.com.
Account Information: If you ever wish to access, update, change, delete, correct, or otherwise control your PII, you may do so by sending us an email with your request to info@usabaseball.com. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
Other State Privacy Rights: Residents of certain states may have additional personal information rights and choices, including rights related to advertising and analytics activities that may be considered “sales” or “sharing” of your PII or “targeted advertising” under the laws and/or regulations that apply to you. Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your PII, in addition to other applicable privacy rights. If you believe you have such additional rights and wish to exercise them, please send us an email with your request, including the specific rights you wish to exercise, to info@usabaseball.com. Please be aware that your rights are limited to the extent permitted by applicable law.
We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, delete, or otherwise control your PII as quickly as possible.
Data Retention
We will retain Users’ PII while they maintain an account with us or to the extent necessary to provide our Services. Thereafter, we will keep PII for as long as necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Privacy Policy.
Contacting us
If you have any questions about this Privacy Policy or wish to contact us with questions or comments, please contact us at info@usabaseball.com.
This document was last updated on April 16, 2026.
