Terms and Conditions



Agreement between User and https://www.homerunforecast.com Welcome to https://www.homerunforecast.com. The https://www.homerunforecast.com website (the "Site") is comprised of various web pages operated by Home Run Forecast, LLC. ("Home Run Forecast"). https://www.homerunforecast.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.homerunforecast.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.homerunforecast.com is a News and Information Site for Individual (non-commercial use) only. Any other use is strictly prohibited without express agreement or contract with Home Run Forecast.

Home Run Forecast provides weather forecasts and an index to relate weather conditions to the distance a ball may travel. The Home Run Forecast (HRF) Index values provided on the “homerunforecast.com” web site are based on engineering and meteorological judgement and are to be used for informational purposes only. The HRF Index is not a predictor of the number of total runs or home runs in any given game. Roof status is taken from the best available source and not guaranteed to be accurate.

Electronic Communications

Visiting https://www.homerunforecast.com or sending emails to Home Run Forecast constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

Your account is for individual (non-commercial) use only. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Home Run Forecast is not responsible for third party access to your account that results from theft or misappropriation of your account. Home Run Forecast and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Subscription Billing

You subscription will be billed automatically each month until you cancel. Upon cancellation, you account will remain active until the end of the billing period. Billing is automatically suspended at the conclusion of the regular season and resumes automatically at the start of the following season.

Cookie Policy

Home Run Forecast uses website cookies only for authentication and authorization of user sessions. These session cookies are not stored or maintained on Home Run Forecast computers or servers. Home Run Forecast does enjoy and regularly use chocolate chip cookies.

Privacy Policy

Home Run Forecast collects only the most minimal data and information about users. Your email address or user account name is stored on our servers. Your billing information is managed through a third-party billing, Stripe. This information is not accessible by Home Run Forecast other than to create invoices, manage subscriptions, or cancel / refund payments.

Access by Minors

Home Run Forecast does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.homerunforecast.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Users may cancel at any time. Cancellation will result in no additional charges, and subscriptions will remain active for the remainder of the month (30 days from payment). Users wishing to cancel and receive a pro-rated refund must contact info@homerunforecast.com.

Links to Third Party Sites/Third Party Services

https://www.homerunforecast.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Home Run Forecast and Home Run Forecast 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. Home Run Forecast is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Run Forecast of the site or any association with its operators.

Certain services made available via https://www.homerunforecast.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.homerunforecast.com domain, you hereby acknowledge and consent that Home Run Forecast may share such information and data with any third party with whom Home Run Forecast has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.homerunforecast.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.homerunforecast.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Home Run Forecast that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

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 Home Run Forecast 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. Home Run Forecast 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 Home Run Forecast 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 Home Run Forecast or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Home Run Forecast from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Home Run Forecast Content accessed through https://www.homerunforecast.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Home Run Forecast, its 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. Home Run Forecast 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 Home Run Forecast in asserting any available defenses.

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 Home Run Forecast 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.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOME RUN FORECAST, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HOME RUN FORECAST, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOME RUN FORECAST, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOME RUN FORECAST, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOME RUN FORECAST, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Home Run Forecast reserves the right, in its sole discretion, to terminate your access to the Site 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 Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania 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 Home Run Forecast as a result of this agreement or use of the Site. Home Run Forecast's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Home Run Forecast's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Home Run Forecast 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 Home Run Forecast with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Home Run Forecast with respect to the Site. 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.

Changes to Terms

Home Run Forecast reserves the right, in its sole discretion, to change the Terms under which https://www.homerunforecast.com is offered. The most current version of the Terms will supersede all previous versions. Home Run Forecast encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Home Run Forecast welcomes your questions or comments regarding the Terms:

Home Run Forecast, LLC. 1409 Allan Ln West Chester, Pennsylvania 19380

Email Address: info@homerunforecast.com

Effective as of March 27, 2023