TERMS OF USE

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.

Use of the Official Website of Solid Contact Baseball (the "Website") is subject to this Agreement as follows:

Website Ownership

The Website is owned by Solid Contact Baseball, Inc. ("SCB"). All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to SCB. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of SCB. Materials must not be used in any unauthorized manner.

Notices and Attribution. Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the AP Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional users may use portions of the AP Materials for internal printed communications and memoranda.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), SCB has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Service Provider: Solid Contact Baseball, Inc.
Name of Agent Designated to Receive
Notification of Claimed Infringement
Tucker Clauss, Jr.
Full Address of Designated Agent to
Which Notification Should Be Sent:
Wiggin and Dana LLP
400 Atlantic Avenue
P.O. Box 110325
Telephone Number of Designated Agent: 203-363-7610
Facsimile Number of Designated Agent: 203-363-7676
E-mail Address of Designated Agent: tclauss@wiggin.com

Message Features

Participation. The Website may offer opportunities for you to transmit messages in connection with various features including, but not limited to, vanity email, auctions, contests, games, blogs, video submissions message boards and chat features ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature. In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by SCB.

License. By transmitting any Message or Screen Name, you are granting SCB a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.

Message and Screen Name Review. SCB and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Message Features. However, SCB and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you, and also to deny access to any Message Feature on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by SCB or its Vendors.

You acknowledge that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and SCB and its Vendors other than as expressly set forth in this Agreement. You acknowledge that SCB is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.

SCB may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. SCB may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

Sales from the Shop, Auction, Audio/Video, Mobile and Fantasy Sections of the Website are subject to the following special terms and conditions:

The Shop allows you to order products supplied by independent merchandise Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased via the Shop and Auctions collectively referred to as the "Merchandise"). From the Audio/Video and Mobile sections, you can buy subscriptions to or downloads of audio, video and audiovisual content. (collectively, the "Services") From the Fantasy section, you can, among other things, subscribe to fantasy baseball games.

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. SCB EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS, AUDIO/VIDEO, MOBILE OR FANTASY SECTIONS, OR ANY FEATURE OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY FEATURE OR SERVICE, MERCHANDISE OR TICKETS.

SCB reserves the right to modify the price of any Merchandise or feature or Service. SCB is not responsible for any error in copy or images relating to Merchandise or feature or Service. Any auction or offer to sell any Merchandise or feature or Service, may be discontinued at any time in SCB 's sole discretion.

With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in our Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

With respect to the sale of certain Merchandise through Auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.

With respect to the sale of certain Merchandise on the Website, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

The certificates of authenticity referenced above will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the item itself. Each hologram bears a unique tamper-proof identification number that upon entry in Major League Baseball's database will provide the name of the signer and the date the item was signed. Each item and its unique identification number is processed and posted on the official program pages, which are accessible through the Shop.

Purchasing; Price; Payment. In order to purchase Merchandise, features or Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise, features or Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. SCB may bill your credit card at the time the Services, featues or Merchandise is ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. SCB may in its sole discretion decline service to or terminate any account. Neither SCB, nor any other SCB Entity (defined in Section 9 below), nor any of the Vendors is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of SCB.

By utilizing a debit card for purchase of any features or Services, you authorize SCB to debit on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' checkout page(s).

The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

Billing, Automatic Renewal and Refund Policies for Certain Services: For certain Services purchased on a monthly basis, the term begins when you purchase and ends one year later, with monthly billing during each of the months at the then prevailing monthly rate. Unless you signified otherwise at purchase, the subscription will automatically renew at the start of the next calendar year. To cancel your monthly subscription or this automatic renewal feature, send an e-Mail to cssubscriptionfeedback@solidcontactbaseball.com or call Customer Service at 866-800-1275. Cancellation will become effective as of the next monthly billing cycle following receipt.

For Services purchased on a yearly basis, the term begins when you purchase and ends one year later, with one-time billing immediately following your purchase. Unless you signified otherwise at purchase, the subscription will automatically renew at the start of the next year at the previous year's rate. To cancel this automatic renewal feature send an e-Mail to cssubscriptionfeedback@ solidcontactbaseball.com or call Customer Service at 866-800-1275.

Refund Policies for Certain Subscription Services: In order to provide the highest customer satisfaction possible, SCB will refund the paid purchase price of (a) a yearly subscription if the refund request is received within ten (10) days of the date of purchase, and (b) a monthly subscription if the refund request is received within five five (5) days of the date of purchase or within five (5) days of the last billing. To request a refund, send an e-Mail to cssubscriptionfeedback@ solidcontactbaseball.com or call Customer Service at 866-800-1275. Subscriptions otherwise are not subject to refund or credit.

By accepting this Agreement, you agree that SCB may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with SCB, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify SCB of any change in your e-mail address by logging into solidcontactbaseball.com and using the online account management tool.

Programming, pricing, terms and conditions of Services are subject to availability and change.

Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by SCB (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber. For these Services, you must submit your email address provided by either your Internet Service Provider or place of work.

Votes; Contests; Sweepstakes

The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by SCB or any other SCB Entity of any third party website or content. SCB is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.

Disclaimer of Warranties

A. USE OF THE WEBSITE, THE SERVICES, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. SCB DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY SCB OR ANY ACT OR FAILURE TO ACT BY SCB OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.

B. IN NO EVENT SHALL SCB BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.

C. IN NO EVENT SHALL SCB, ANY OTHER SCB ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR, MERCHANDISE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF SCB IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF SCB, ANY OTHER SCB ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.

D. IN NO EVENT SHALL SCB OR ANY OTHER SCB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE.

Indemnification

You hereby agree to indemnify and hold the SCB Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, and/or Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the " SCB Entities" shall mean SCB, any entity which, now or in the future, controls, is controlled by, or is under common control with the Solid Contact Baseball, and the directors, officers and employees of the above entities.

Termination

SCB may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. SCB may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability at any time in SCB 's exclusive discretion, without prejudice to any legal or equitable remedies available to SCB, for any reason or purpose, including, but not limited to, conduct that SCB believes violates this Agreement or other policies or guidelines posted on the Website or conduct which SCB believes is harmful to other customers, to SCB 's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by SCB in its sole discretion. In addition and without prejudice to any other remedy available to SCB, SCB may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by SCB

Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of Connecticut applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Fairfield County, Connecticut will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. SCB will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. SCB in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

Acceptance of Terms of Use

BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use the Website. SCB may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.

LAST UPDATED: October 18th, 2007

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