Terms of Use for Membership Last revised: August, 23, 2007 PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU BECOME A MEMBER. Baseball Mastery.com, LLC ("Baseball Mastery.com, LLC , baseball mastery" "we," or "us") provides its registered members with a number of benefits, including access to selected articles from our premium products, weekly newsletters, and selected tools and other services (collectively, the "Membership Service"), free of charge, for their individual usage, subject to compliance with the terms and conditions set forth herein. 1. Agreement In consideration of Baseball Mastery.com, LLC providing you with the Membership Service, you agree to comply with these Terms of Use for Membership (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, you may not become a member, and we do not consent to provide you with access to the Membership Service. 2. Changes to the TOU We reserve the right at any time to: * Change the terms and conditions of the TOU; * Change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Service; or * Impose fees, charges or other conditions for use of the Membership Service (with reasonable notice). Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Membership Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU, as well as our Privacy Policy may change also. You should check our web sites frequently to see recent changes. If any of the terms contained in the TOU become unacceptable to you in the future, you may cancel your membership by notifying our Customer Membership Service Department by email at members@BaseballMastery.com or by telephone at 503-336-4113 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. Pacific. Please allow at least five business days for such cancellation to become effective. 3. Important Disclaimer 4. Registration and Privacy In order to become a member and gain access to the Membership Service, you must choose a unique (and inoffensive) User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Membership Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. In order become a full member of Baseball Mastery.com, LLC .com, and gain access to all of the benefits of membership, you will be required to verify your email address by clicking on the activation link in the Welcome Letter sent to you upon active completion of the registration form. Access to all areas of Baseball Mastery.com, that require membership will be unavailable until your email address has been verified. As a member, you also have certain other obligations relating to your account: * You may not to transfer or resell your use of or access to the Membership Service to any third party; * You are responsible for all activities that occur under your account; * You are responsible for maintaining the confidentiality of your User Name and password; and * You agree to notify us at members@BaseballMastery.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password. 5. Baseball Mastery.com, LLC’s Proprietary Rights The Membership Service and the content available through the Membership Service are the property of Baseball Mastery.com, LLC and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Membership Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Membership Service. "Baseball Mastery.com, LLC" the Baseball Mastery Logo, and other marks are trademarks and/or service marks of Baseball Mastery.com, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. 6. User Conduct You may not republish, upload, post, transmit or distribute content available through the Membership Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In addition, in connection with your use of the Membership Service, you agree not to: * Restrict or inhibit any other visitor from using the Membership Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites; * Use the Membership Service for any unlawful purpose; * Express or imply that any statements you make are endorsed by us, without our prior written consent; * Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Membership Service or any of our web sites; * "Frame" or "mirror" any content available through the Membership Service or any of our web sites without our prior written authorization; * Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Membership Service or any of our web sites; or * Harvest or collect information about users of the Membership Service without their express consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Membership Service and the content made available therein. 7. Features and Links to Other Web Sites Your use of certain services made available to you by Baseball Mastery may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk. Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. Content available through the Membership Service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. 8. Disclaimer of Warranties THE MEMBERSHIP SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE MEMBERSHIP SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BASEBALL MASTERY.COM, LLC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BASEBALL MASTERY.COM, LLC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE MEMBERSHIP SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEMBERSHIP SERVICE OR THE SERVER(S) ON WHICH THE MEMBERSHIP SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE MEMBERSHIP SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MEMBERSHIP SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BASEBALL MASTERY.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that content available through the Membership Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Membership Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Membership Service. In the event that such a situation arises, please contact us at notices@BaseballMastery.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. 9. Limitation of Liability NEITHER BASEBALL MASTERY.COM LLC,. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE MEMBERSHIP SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH BASEBALL MASTERY.COM LLC. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 10. Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Membership Service; or (c) your violation of the rights of any third party. 11. Termination You understand and agree that Baseball Mastery.com, LLC .com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Membership Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties. 12. Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Baseball Mastery.com LLC. or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent by email to: notices@BaseballMastery.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. 13. Miscellaneous The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The TOU, together with all TSC policies referred to herein, constitutes the entire agreement between you and Baseball Mastery.com, LLC .com relating to your use of the Membership Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and Baseball Mastery.com, LLC .com are governed by and construed in accordance with the laws of the State of Oregon, without regard to its principles of conflict of laws. You and Baseball Mastery.com LLC. agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Washington County, Oregon, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.