Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated under the brand Baseball Mode. Throughout the site, the terms “we,” “us,” and “our” refer to Baseball Mode. Baseball Mode offers this website, including all information, tools, products and services available from this site to you, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or available by hyperlink.
These Terms apply to all users of the site, including browsers, customers and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree, you should not access the website or use our Services.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have given consent for any minor dependents to use this site under your supervision.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws in your use of the Service.
You must not transmit viruses, malware or other destructive code.
A breach of these Terms may result in termination of your access to the Service.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or content on this website without our express written permission.
Headings used in these Terms are included for convenience and do not limit or otherwise affect these Terms.
3. ACCURACY OF INFORMATION
We make reasonable efforts to ensure information on Baseball Mode is accurate and current. However, we do not guarantee that all information made available on the site is complete, accurate or current.
Information on this site is provided for general informational purposes and should not be relied upon as the sole basis for making decisions where more complete or current information may be appropriate.
We reserve the right to modify the contents of the site at any time.
4. PRODUCTS, PRICES AND SERVICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue products or Services at any time.
Certain products may be available exclusively online and may have limited availability.
Products are subject to return or refund according to our Return & Refund Policy.
We make reasonable efforts to display product colors and images accurately. However, we cannot guarantee that the display on your device will accurately reflect the actual color of a product.
We reserve the right to limit sales of our products or Services to any person, geographic region or jurisdiction where permitted by law. We may also limit quantities available for purchase.
Product descriptions, availability and pricing may be changed at any time without notice.
5. ORDERS AND BILLING INFORMATION
We reserve the right to refuse or cancel an order where permitted by law. We may limit or cancel quantities purchased per person, household or order.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or other contact information provided when the order was placed.
You agree to provide current, complete and accurate purchase and account information.
You are responsible for ensuring that shipping and billing information submitted with your order is accurate.
Returns and refunds are governed by our Return & Refund Policy.
6. SHIPPING
Shipping and delivery estimates are provided in good faith but are not guaranteed unless expressly stated otherwise.
Delivery times may be affected by carriers, weather, holidays and other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address.
Additional information regarding shipping, delivery and lost packages is available in our Shipping Policy.
7. OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to third-party tools or services that we do not control.
Your use of third-party tools or services is at your own risk and discretion and may be subject to the terms and policies of those third parties.
We may introduce new tools, resources, features or Services in the future. Those features will also be subject to these Terms.
8. THIRD-PARTY LINKS
Our website may contain links to third-party websites, products or services.
We are not responsible for examining or evaluating third-party websites and do not warrant their content, accuracy, products, services or practices.
Your interactions or transactions with third-party websites are between you and the applicable third party. You should review their policies before completing a transaction.
9. AFFILIATE LINKS
Baseball Mode may participate in affiliate marketing programs. Some links on our website may be affiliate links, which means we may earn a commission if you make a qualifying purchase through the link, at no additional cost to you.
Our participation in an affiliate program does not change the price you pay unless otherwise stated.
Where required, affiliate relationships will be disclosed on the applicable pages or content.
10. USER COMMENTS, REVIEWS AND SUBMISSIONS
If you submit reviews, comments, feedback, photographs, suggestions or other content to Baseball Mode, you represent that you have the right to submit that content.
You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy or other proprietary rights.
You may not submit unlawful, abusive, defamatory, obscene, fraudulent or malicious content.
We reserve the right to remove or moderate content where appropriate.
11. PERSONAL INFORMATION
Your submission and our handling of personal information through the store are governed by our Privacy Policy.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders when information is inaccurate, subject to applicable law.
13. PROHIBITED USES
You may not use the site or its content:
- For any unlawful purpose;
- To violate applicable laws or regulations;
- To infringe upon our intellectual property rights or the rights of others;
- To harass, abuse, threaten, defame or discriminate against others;
- To submit false or misleading information;
- To transmit malicious code;
- To collect or track personal information of others without authorization;
- To spam, phish, scrape or otherwise misuse the website; or
- To interfere with or circumvent security features of the Service.
We reserve the right to restrict or terminate access to the Service for violations of these Terms.
14. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Baseball Mode name, branding, original graphics, designs, written content and other original materials appearing on this website are owned by or licensed to Baseball Mode and are protected by applicable intellectual property laws.
You may not reproduce, distribute, sell, modify or commercially exploit our original content or designs without permission.
Third-party names, trademarks, logos and other intellectual property remain the property of their respective owners.
15. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and Services are provided on an “as is” and “as available” basis.
We do not guarantee that the Service will always be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Baseball Mode will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of the website or Services.
Where applicable law does not permit certain limitations or exclusions of liability, our liability will be limited to the maximum extent permitted by law.
Nothing in these Terms is intended to limit liability or consumer rights where doing so would be prohibited by applicable law.
17. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Baseball Mode and its service providers from claims or demands arising from your material breach of these Terms, violation of applicable law or infringement of the rights of a third party.
18. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be considered severed from these Terms.
The remaining provisions will remain valid and enforceable.
19. TERMINATION
These Terms remain effective unless terminated by you or us.
You may stop using the Service at any time.
We may suspend or terminate access to the Service if we reasonably believe these Terms have been materially violated, subject to applicable law.
Provisions that by their nature should survive termination will remain in effect.
20. ENTIRE AGREEMENT
These Terms, together with the policies and other terms posted on our website, constitute the agreement between you and Baseball Mode regarding your use of the Service.
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
21. GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and applicable federal laws of the United States, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.
22. CHANGES TO THESE TERMS
We reserve the right to update or change these Terms by posting revisions to this page.
Your continued use of the website following changes to these Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.
23. CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Baseball Mode
1 Joy Street #6
Boston, MA 02018
United States
Email: chris@baseballmode.com