TERMS AND CONDITIONS OF USE, AGREEMENT, DISCLAIMER AND LEGAL RESTRICTIONS.

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR FULL ACCEPTANCE OF ALL THE TERMS AS SPECIFIED HEREIN, WITHOUT MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, AGREEMENT, DISCLAIMER AND LEGAL RESTRICTIONS ("Terms"), DO NOT USE THIS WEB SITE. YOU HEREBY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

For purposes of these Terms, Players-Profile, Inc. is referred to as "Players-Profile" and Players-Profile.com, www.Players-Profile.com, and http://www.Players-Profile.com are referred to as this "Web Site."

This Web Site. This Web Site is an Internet service and resource intended to assist coaches, scouts and recruiters in finding and/or recruiting qualified high school baseball athletes. Athletes who subscribe to this service by paying a fee and who are listed at this Web Site voluntarily provide pertinent information including personal, educational and athletic data to Players-Profile. Players-Profile makes no representation, warrantee, or guarantee concerning the possibility for athlete members to receive offers for try-outs or scholarships or any other offers with any school or team.

Currently the use of this Web Site is free to baseball coaches and scouts who register online as Coaches. Players-Profile reserves the right to charge for this service at any time. In such and event, Players-Profile will notify the then current registered coaches and scouts and give them a time-limited opportunity to subscribe to this service at the then established rates.

Use of Site. Players-Profile authorizes you to view and download the materials at this Web Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Web Site in any way or reproduce, publish, license, create derivative works from, transfer, or publicly display, perform, transmit, distribute or sell any information, materials or services obtained from this Web Site or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Web Site are copyrighted and any unauthorized use of any material at this Web Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed materials from this Web Site. Use of this Web Site is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

Submissions by User. Other than personally identifiable information, which is covered under the Players-Profile Online Privacy Statement, any material, information or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary ("Communications"). Players-Profile will have no obligations with respect to the Communications. Players-Profile and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, graphics, sounds, text, and any other items or things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law in any jurisdiction. Players-Profile reserves the right to verify at any time any application and/or submitted by athletes, coaches, scouts, and other persons at any time. Players-Profile reserves the right to terminate immediately the membership of any member or person found to have submitted false information and to remove from the site any information submitted by that person.

Links To Other Web Sites. If any, links or pointers or URLs ("Links") to third party Web sites found at this Web Site are provided solely as a convenience to you. You understand that if you use these Links, you will leave this Web Site for other Internet Web sites, web pages or services that are not controlled or operated by Players-Profile or its affiliates ("Third Party Sites"). Third Party Sites are not under the control of Players-Profile and Players-Profile does not intend such Links to be referrals or endorsements of the linked entities and does not approve or endorse any content of any kind which may be viewed, downloaded, or otherwise obtained from Links at this Web Site or any link contained in linked Third Party Sites, including but not limited to information, text, graphical representations, software, scripts, services or products. Further, Players-Profile is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. This Web Site does not in any way warrant the entries provided by parties making submissions, entries or Links; or in any way warrant entries, submissions, or Links provided by users or the general public and is not liable for any misinformation, improper conduct or any other harm or damage which may result from any submission, Link or entry made at this Web Site. If you decide to access any of the third party sites linked to this Web Site, you do this entirely at your own risk.

This Web site may contain Links to Web sites, web pages and services also operated by Players-Profile or its affiliates (the "Other Players-Profile Web Sites"), and your use of each Other Players-Profile Web Site is subject to the Terms and such other terms and guidelines, if any, as are contained within each Other Players-Profile Web Site. In the event that any of these Terms conflict with the other terms and guidelines contained within any particular Other Players-Profile Web Site, then the other terms and guidelines for such Other Players-Profile Web Site shall control. You agree to click on the Links to and familiarize yourself with the Terms and other terms and guidelines found throughout this Web Site and any Other Players-Profile Web Site and abide by them if you choose to use the sites, pages or services to which they apply.

Links From Other Web Sites. Any Web site that links to this Players-Profile Web Site may link to, but cannot replicate, Players-Profile content; should not create a browser or border environment around Players-Profile content; should not imply that Players-Profile is endorsing it or its services or products; should not misrepresent its relationship with Players-Profile; should not present false information about Players-Profile's services or products; should not use the Players-Profile logo without the written permission from Players-Profile; should not contain content that could be construed as distasteful, offensive, controversial or is unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law in any jurisdiction, and should contain only content that is appropriate for all age groups.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Players-Profile further does not warrant the accuracy and completeness of the materials or services at this Web Site. Players-Profile may make changes to the materials and services at this Web Site, or to the products and prices described in them, at any time without notice. The materials and services at this Web Site may be out of date, and Players-Profile makes no commitment to update the materials and services at this Web Site. Information published at this Web Site may refer to products, programs or services that are not available in your country.

This Web Site may include inaccuracies, errors or typographical errors. Players-Profile and the third parties that provide content on this site may make changes and/or improvements in the services, programs, products, prices and content described at this Web Site at any time without notice and changes are periodically made to content at this Web Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Players-Profile or this Web Site as a result of your use of this Web Site or the existence of these Terms.

Limitation of Liability. IN NO EVENT WILL Players-Profile, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEB SITE RESULTS IN THE NEED FOR CORRECTION OF DATA, YOU ASSUME ALL COSTS THEREOF.

Players-Profile and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published at this Web Site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Players-Profile and/or its vendors and suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Players-Profile and/or its suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this Web Site whether or not Players-Profile has been previously advised of the possibility of such damage.

This Web Site acts only as a distributor of content supplied by third parties and has no control over such content. Any opinions, advice, statements, services, offers, or other information and data of any kind made available here by third parties, including any athlete, coach, scout, information provider, or any other entity or person, are those of their respective authors and not necessarily those of this Web Site. Neither this Web Site nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content or fitness for any purpose.

Applicable Laws. This Web Site is administered by Players-Profile from its offices in Woodland Hills, California, United States of America ("United States"). Players-Profile makes no representation that materials or services at this Web Site are appropriate or available for use outside the United States, and access to them from countries or territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Web Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If you choose to access this Web Site from outside the United States, you do so on your own initiative and at your sole risk and you are responsible for compliance with all applicable national or local laws.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Web Site or these Terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

Use of this Web Site is subject to existing laws and legal process, and nothing contained herein shall limit Players-Profile's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Players-Profile with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, any warranty disclaimers and liability limitations, 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 provisions shall continue in effect.

These Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, and by federal law of the United States of America without giving effect to any principles of conflicts of laws. By using this Web Site, you specifically agree to defend, indemnify and hold harmless this Web Site and Players-Profile, its directors, officers, employees, affiliates, agents, vendors and suppliers from and against all claims and expenses, including attorneys' fees, arising out of your use of this site.

Trademarks. Players-Profile, and Players-Profile.com are service marks, trademarks or registered trademarks of Players-Profile, Inc. Other product and company names mentioned herein may be the trademarks or registered trademarks of their respective owners. All information at this Web Site is believed to be provided with the permission of the appropriate owners of the intellectual property rights for that information, or to be in the public domain. If you do not agree, please contact: Players-Profile.com, 6355 Topanga Canyon Boulevard, Suite 340, Woodland Hills, California 91367-2193, U.S.A., Fax (818) 884-3595, E-mail: info@players-profile.com

General. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. The Terms represent the entire understanding relating to the use of this Web site and prevail over any prior or contemporaneous, conflicting or additional communications. Players-Profile may revise these Terms at any time without notice simply by updating this posting.

Reference(s) herein to any individual or entity does not in any way constitute or imply endorsement or recommendation by Players-Profile. Fictitious names of companies, people, characters and/or data mentioned herein are not intended to represent any real individual, company, entity or event.

Any rights not expressly granted herein are reserved by Players-Profile.

Copyright © 2002 Players-Profile, Inc. — All rights reserved.