TERMS OF USE AGREEMENT

Welcome to our web site, web app and mobile application (the “Software”) named Baseballer Media Group, available on the Internet, published and maintained by Baseballer Media Group, LLC, a Florida limited liability company, and its affiliates (collectively known herein as “BMG”), with a business address in Parrish, Florida. By accessing and using our Software, providing data, messages or other information, and/or using the services offered by us or any third parties on or through the Software (the “Services”), you agree to be bound by this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time. The terms "we", "us", and "BMG " refer to Baseballer Media Group, LLC, and its affiliates.

1. Privacy

Your privacy is important to us. When you visit or use the Software, we collect personal information that you provide directly (such as when you register an account, enter data into the Software, or communicate with us), as well as certain technical information automatically as described in our Privacy Policy. Please see BMG’s Privacy Policy for more information about our practices.

2. Amendment/Notice of Changes

We reserve the right to change the terms and conditions contained in this Agreement, other service-specific terms and conditions, or any policies or guidelines governing the Services we provide, including without limitation, any of the information posted on the Software, at any time and in our sole discretion. Any changes to the Software, including service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Software and without notice to you. We will, however, post a notice of any changes to this Agreement on the Software after the changes are effective. You are responsible for regularly reviewing the Software for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in the Software may be posted without any other notice to you. YOUR CONTINUED USE OF THE SOFTWARE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SOFTWARE, DO NOT CONTINUE TO USE THE SERVICES OR THE SOFTWARE.

3. Software Purpose and Software License

The purpose of the Software is to provide consumers with a quick and easy way to view, use and interact with BMG’s Services, purchase BMG’s Services, contact BMG and otherwise interact with BMG. The Software, and all Content (defined) are provided only for use in providing the Services offered via the Software.

We grant you a limited license to access and make personal use of this Software and not to download (other than caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Software or its contents; any collection and use of any Content on the Software; any derivative use of this Software or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Software or any portion of this Software may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Software and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Software granted by BMG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Software so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by BMG or any of our affiliates, including, without limitation, any trademarks or trade names.

4. Children’s Use of the Software

The Software and Services are not directed to children under the age of 13. If you are under the age of 13, you may not register for or use the Software unless and until BMG has received verifiable parental consent as required by the Children’s Online Privacy Protection Act (COPPA). Coaches, parents, and guardians are solely responsible for providing and managing information about minors in connection with team activities and tournaments. Parents or legal guardians may review their child’s personal information, direct us to delete it, and refuse further collection by contacting us at info@baseballermediagroup.com. BMG does not knowingly collect personal information directly from children under 13 without such verified parental consent. If we discover that personal information has been provided by a child under 13 without parental consent, we will promptly delete such information. If you believe we may have collected information from a child under 13 in violation of this policy, please contact us at info@baseballermediagroup.com.

5. Fees and Payment

Certain Services offered through the Software are available only by paid subscription or other fee-based arrangements. All fees are payable in advance and are non-refundable except as required by applicable law. There are no refunds for partial periods. Unless otherwise stated, subscription plans will automatically renew for successive billing periods at the then-current rate, unless you cancel your subscription prior to the renewal date through your account settings. By providing payment information, you authorize BMG (and any third-party payment processors we engage) to charge you for all applicable fees. You are responsible for all applicable taxes arising from your use of the Services.

6. Account

You may cancel your account at any time by logging on to the Software. If you cancel your account, we will delete all of Your Content (defined) within a commercially reasonable amount of time. However, you acknowledge and agree that BMG may retain certain data as required by law, for fraud prevention, safety, or backup purposes, even after your account is deleted. Content deleted from active systems may persist for a limited time in archived or backup copies. You are solely responsible for the deletion of Your Content as it resides on any of your computing devices.

7. Content

"Content" used within this Agreement means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Software, such as contact information, reports, messages, photographs, videos and information that you provide to us via email, or when you enter the data into on our Software.

A. Responsibility for Your Content

You alone are responsible for Your Content, and once stored or published, it cannot always be deleted or withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BMG.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B. Our Right to Use Your Content

We may use Your Content in a number of different ways, including storing it, reformatting it, incorporating it into other types of metadata, in accordance with the BMG Privacy Policy. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for said purpose. Please note that you also irrevocably grant the users of the Software and any other media the right to access Your Content in connection with their use of the Software and any other media. Finally, you irrevocably waive, and cause to be waived, against BMG and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, reproduce, modify, translate, remove, and analyze Your Content.

C. BMG’s Content

All content placed on the Software by BMG, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and computer programming, is the property of BMG or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this Software is the exclusive property of BMG and protected by U.S. and international copyright laws. All computer programs used in this Software are the property of BMG or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.

D. BMG’s Trademarks

BASEBALLER MEDIA GROUP and other marks on our Software are trademarks of BMG. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BMG. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

E. USER SUBMISSIONS

BMG does not accept or consider any unsolicited business ideas or creative suggestions unrelated to your ordinary use of the Software. Please do not send us any unsolicited business ideas or creative suggestions. Anything you disclose to BMG in violation of this section shall be disregarded by BMG and BMG will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such information. This Section applies only to unsolicited business ideas or creative suggestions unrelated to your ordinary use of the Software. Such submissions will be deemed non-confidential and may be used freely by BMG. This does not affect your rights with respect to Your Content as defined above.

8. Reporting Copyright Violations

Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), BMG has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact the BMG DMCA Registered Agent at email address info@baseballermediagroup.com or by mail to:

DMCA Registered Agent, 8955 US HWY 301 N #123, Parrish, FL 34219

To file a notice of infringement with BMG, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Software;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

9. Electronic Communications

When you use the Software, contact us via our Software, or send messages or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by using the messaging features on this Software. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. See our Privacy Policy for a more detailed explanation of how we use data that is electronically communicated.

10. User Conduct and Safety

You agree to use the Software and Services only for lawful purposes and in compliance with this Agreement.

a. You agree that you will not harass, exploit, or harm minors, or attempt to establish contact with children outside the scope of authorized team, tournament, or training activities; engage in bullying, grooming, or inappropriate communications with any user, including minors; upload or transmit any content that is sexually explicit, violent, threatening, or otherwise inappropriate for a youth-oriented sports community; circumvent any verification or background-check requirements established by BMG for coaches, trainers, or other categories of users.

b. You agree that you will not use the Software or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.

c. You agree that you will not take any action that imposes or may impose an unreasonable or disproportionately large load on BMG’s network infrastructure, as determined by BMG in its sole discretion.

d. You agree that you will not interfere or attempt to interfere with the proper working of the Software or any Services.

e. You agree that you will not bypass any measures BMG may use to prevent or restrict access to the Software, Content, or Services.

f. You agree that you will not link from any other website or mobile application to this Software in any manner such that this Software, or any Content, is “framed” or surrounded by any other content, materials, or branding.

BMG reserves the right to suspend or terminate any account that violates these rules of conduct, and to report suspected unlawful activity to appropriate authorities. Users may report suspected violations or safety concerns by contacting BMG at info@baseballermediagroup.com. BMG may investigate and take appropriate action

11. Disclaimer/Indemnification

Your use of the Software and Content is at your own risk. UNDER NO CIRCUMSTANCES WILL BMG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE Software, CONTENT, OR SERVICES, EVEN IF BMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BMG’s TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE Software, CONTENT, AND SERVICES.

You will indemnify, defend and hold BMG and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of a BMG property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained in this Agreement and the Privacy Policy, which are incorporated herein by reference.

12. No Representations or Warranties

The Software may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THE SOFTWARE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, BMG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE Software, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR BMG’s NEGLIGENCE. BMG DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS Software. WE DO NOT WARRANT THAT THIS Software WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

BMG makes no representations or warranties that this Software is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Software or BMG’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS Software AND YOU AGREE TO HOLD BMG HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS Software, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS Software.

13. Social Media

BMG welcomes customers to share Your Content and information about BMG’s Services through social media. When you use social media to share Your Content, you grant BMG the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.

14. Links

The Software may contain links to other websites or mobile applications (“Linked Sites”) operated by parties other than BMG. BMG has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and BMG is not responsible for the content of any off-site pages or other Linked Sites. BMG’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators. Except as set forth herein, we do not share your personal information with Linked Sites, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third-party websites.

15. Class Action Waiver

READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a claim as a class, collective or representative proceeding in court or before an arbitrator against BMG and/or its affiliated entities. Further, unless both we agree in writing, the arbitrator may not consolidate your claim with another person's claim and may not otherwise preside over any form of a representative or class proceeding.

16. Termination

We may block, suspend, or terminate your use of the Software, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. BMG is unable to verify or authenticate any information you provide to us; or c. BMG believes that your actions could cause financial loss or legal liability to BMG or other users of the Software; and d. routine network maintenance affecting all users.

17. Jurisdictional Issues

The Software is controlled and operated by BMG from its principal office in Parrish, Florida, and is not intended to subject BMG to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. BMG does not represent or warrant that the Software or the Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Software or Services do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Software to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Content to (or to a national or resident of), or to use all or any part of the Content from (as applicable): (a) Cuba, Iran, North Korea, Syria, Sudan, or any other country subject to United States sanctions; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

18. Arbitration, Governing Law and Forum

Any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Software shall be settled by arbitration, administered by the American Arbitration Association in accordance with its AAA Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration proceeding shall be Parrish, Florida (U.S.A.), unless otherwise agreed by the parties or ordered by the arbitrator. The arbitrator may award reasonable attorney’s fees and costs to the prevailing party in any arbitration proceeding.

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, and the United States of America, without regard to its principles of conflicts of law. To the extent the arbitration provision above is held invalid or unenforceable, the federal and state courts located in the State of Florida shall have exclusive jurisdiction over any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Software, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to said courts.

19. Assignment

BMG may assign this Agreement, in whole or in part, to another party in connection with a merger, reorganization, financing, or sale of assets or business, without any prior notice to you. In the event of such an assignment, the successor, purchaser, or transferee will assume all rights, obligations, and interests of BMG under this Agreement, including, without limitation, all rights in and to Your Content and BMG’s Content as defined herein. By continuing to use the Software after any such assignment, you acknowledge and agree that the successor entity shall have the same rights and authority as BMG under this Agreement. You remain responsible for obligations that arose prior to any such assignment.

20. General

This is the entire Agreement between you and BMG and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. BMG’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

21. Contact

Direct all questions regarding this statement to:

Baseballer Media Group, LLC

8955 US HWY 301 N #123

Parrish, FL 34219

info@baseballermediagroup.com