Last updated: May 13, 2026
1. The Seller
Kerns Prospect Pulse ("the Service", "we", "us", "our") is operated by Kerns Cards LLC ("Seller"), trading as Kerns Prospect Pulse. By accessing or using the Service, you ("you", "user") agree to be bound by these Terms of Service.
2. Acceptance of Terms
By creating an account, accessing, or continuing to use the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you may not use the Service. You must be of legal age in your jurisdiction to enter into a binding contract, and if you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
3. Description of the Service
Kerns Prospect Pulse is a Minor League Baseball prospect-tracking web application that provides player statistics, live and final game lines, season totals, leaderboards, and prospect rankings sourced from third-party data providers. The Service may also link to third-party marketplaces; we do not sell, ship, or fulfill any physical goods.
4. Accounts and Credentials
You must provide accurate registration information and keep it current. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws.
- Engage in fraud, spamming, or impersonation.
- Infringe on the intellectual property rights of the Seller or any third party.
- Probe, scan, or test the vulnerability of the Service or its infrastructure.
- Introduce malware, attempt unauthorized access, or interfere with the Service's operation.
- Scrape, harvest, or systematically extract data from the Service.
- Resell, redistribute, or commercially exploit the Service without permission.
6. Intellectual Property
The Service, including its software, design, branding, and original content, is owned by the Seller and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal, non-commercial use within the scope of your subscription plan. No other rights are granted. Player statistics and game data are sourced from third-party providers (such as the MLB Stats API) and remain the property of their respective owners.
7. Payments, Subscriptions, and Billing
Premium subscriptions are billed monthly at $4.99 USD, with a 7-day free trial for new subscribers. After the trial, your card is charged automatically each billing cycle until you cancel. You may cancel at any time from your account, and access continues until the end of the current billing period.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. By purchasing, you also agree to Paddle's Buyer Terms, which govern payment, billing, tax, cancellation, and refund mechanics.
8. No Warranties; Service Level
The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, timely, error-free, or that statistics or game data will be complete or accurate. To the fullest extent permitted by law, we disclaim all implied warranties including merchantability and fitness for a particular purpose.
9. Limitation of Liability
To the maximum extent permitted by law, our aggregate liability for any claim arising out of or related to the Service shall not exceed the fees you paid in the twelve (12) months preceding the claim. We are not liable for indirect, consequential, incidental, special, or exemplary damages, including loss of profits, data, or goodwill. Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence where such limitation is prohibited by law.
10. Suspension and Termination
We may suspend or terminate your access to the Service, in whole or in part, at any time without notice for: material breach of these Terms, non-payment, suspected fraud or security risk, or repeated or serious policy violations. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, governing law) will survive.
11. Indemnification
You agree to indemnify and hold harmless Kerns Cards LLC from any claims, damages, or expenses arising out of your misuse of the Service, your violation of these Terms, or your infringement of any third-party rights.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Continued use after changes take effect constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the jurisdiction in which the Seller resides, without regard to conflict-of-laws principles. Any disputes shall be resolved in the courts of that jurisdiction.
14. Contact
Questions about these Terms? Contact Kerns Cards LLC through the Service. For billing or refund questions, contact Paddle.com at paddle.net.
