• 1. Terms By accessing this web site, www.foulballz.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
  • 2. Use License
    • a. Permission is granted to temporarily download one copy of the materials (information or software) on the www.foulballz.com website, which is owned and operated by MERJ Enterprises, LLC, for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      i. modify or copy the materials;ii. use the materials for any commercial purpose or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on the www.foulballz.com website, which is owned and operated by MERJ Enterprises, LLC;iv. remove any copyrighted or other proprietary notations from the materials; orv. transfer the materials to another person or “mirror” the materials onto any other server.
    • b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MERJ Enterprises, LLC, owner and operator of www.foulballz.com, at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
    • c. You agree to use any chat, messaging or other communication features in compliance with local laws. Additionally, you acknowledge that you understand that disruptive behavior (such as, but not limited to “flaming”, “trolling”, verbal abuse, and threats of physical harm) as well as illegal or otherwise unrelated behaviors are strictly forbidden. Posting of images (such as, but not limited to pornographic material or otherwise inappropriate material) is also forbidden. Violation of these explicit limitations as well as any implicit limitations will result in termination of your access to the www.foulballz.com site and may result in legal action.

    3. Disclaimer

    a. The materials on the www.foulballz.com web site are provided “as is”. MERJ Enterprises, LLC, owner and operator of www.foulballz.com, makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MERJ Enterprises, LLC, owner and operator of www.foulballz.com, does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

    b. You understand and agree that the www.foulballz.com website, which is owned and operated by MERJ Enterprises, LLC is for entertainment purposes only and does not make any guarantees, implied or explicit, that use of the website and the associated mobile applications will increase your odds of catching or otherwise acquiring a foul ball at a baseball game.

    4. Limitations

    In no event shall MERJ Enterprises, LLC, owner and operator of www.foulballz.com, or its suppliers or its affiliates or advertisers be liable for any damages (including, without limitation, damages for loss of data or profit, , damages due to business interruption, or any other consequential or incidental damages) arising out of the use or inability to use the materials provided on the Internet sites of MERJ Enterprises , LLC, even if MERJ Enterprises, LLC or one of its authorized representatives has been notified of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to one in that jurisdiction.

    5. Revisions and Errata

    The materials appearing on the www.foulballz.com web site could include technical, typographical, or photographic errors. MERJ Enterprises, LLC, owner of www.foulballz.com, does not warrant that any of the materials on its web site are accurate, complete, or current. The owner of the website retains the right to make changes to the materials contained on its web site at any time without notice. However, there is no implied or express commitment to update the materials.

    6. Links

    The owner of the website www.foulballz.com has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MERJ Enterprises, LLC, www.foulballz.com or its owner or operator. Use of any such linked web site is at the user’s own risk.

    7. Site Terms of Use Modifications

    This website, www.foulballz.com, may revise these Terms of Use at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

    8. Governing Law

    Any claim relating to MERJ Enterprises, LLC’s web sites, including www.foulballz.com, shall be governed by the laws of the State of Indiana without regard to any conflict of law provisions.

    General Terms and Conditions applicable to Use of a Web Site.

    Privacy Policy

    Your privacy is very important to us. Accordingly MERJ Enterprises, LLC (MERJ Enterprises) has developed this Policy in order for you to understand how MERJ Enterprises collects, uses, communicates and discloses and makes use of personal information. The following outlines its privacy policy.

    • Before or at the time of collecting personal information, MERJ Enterprises will identify the purposes for which information is being collected.
    • MERJ Enterprises will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless MERJ Enterprises obtains the consent of the individual concerned or as required by law.
    • MERJ Enterprises will only retain personal information as long as necessary for the fulfillment of those purposes.
    • MERJ Enterprises will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    • MERJ Enterprises will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    • MERJ Enterprises will make readily available to customers information about our policies and practices relating to the management of personal information.
    • MERJ Enterprises cannot be responsible for the privacy of users once they have linked away from the sites. Some sites linked to and from this site, including affiliate sites, may have differing policies.

    MERJ Enterprises is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

    LEGAL ISSUES should be directed in writing via certified mail to:

    John D. Ritchison, Attorney at Law

    115 E 9th St – Ste. A

    Anderson, Indiana 46016-1509