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TERMS OF USE Welcome to Hardball Report, a baseball news aggregator and social network that connects sports fans across the country. The Hardball Report service and network (collectively, "HardballReport," "the Service," or “HardballReport.com”) are operated by LoFi Media Networks, LLC (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.hardballreport.com, the mobile version thereof (together the "Site"), or any other features, content, or applications offered from time to time by HardballReport.com in connection with the HardballReport Website (collectively, the "HardballReport Services"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether you are a "Visitor" (which means that you simply browse the Hardball Report Website) or you are a "Member" (which means that you have registered with hardballreport.com). The term "User" refers to a Visitor or a Member. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HardballReport Services. By using the HardballReport Services, you agree to be bound by this Agreement. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. You agree to be bound to any changes to this Agreement when you use the HardballReport Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. Please choose carefully the information you post on HardballReport.com and that you provide to other Users. Your HardballReport.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HardballReport.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HardballReport.com assumes no responsibility or liability for this material. If you become aware of misuse of the HardballReport Services by any person, please contact Hardball Report or click on the "Report Inappropriate Content" link at the bottom of any HardballReport.com page. Hardball Report.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HardballReport Services at any time, for any or no reason, with or without prior notice, and without liability. Hardball Report expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of HardballReport Services if Hardball Report determines, in its sole discretion, that you pose a threat to Hardball Report and/or its Users. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. 1. Eligibility Membership in the Service and use of HardballReport.com is void where prohibited. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. 2. Term This Agreement shall remain in full force and effect while you use the HardballReport Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. HardballReport.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. You agree that if LoFi Media Networks, LLC creates other sites that are similar in nature to the news aggregate/networking aspects of HardballReport.com, your Member information can be applied to those sites. This will enable you to access Member services across the Lofi Media Networks, LLC online network. You agree that if this happens, this Agreement will also apply to your use of the new site. 3. Proprietary Rights in Site Content; Limited License All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. 4. Fees You acknowledge that HardballReport.com reserves the right to charge for the HardballReport Services and to change its fees from time to time in its discretion. If HardballReport.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. 5. Password When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HardballReport.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 6. Non-commercial Use by Members The HardballReport Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HardballReport.com. Illegal and/or unauthorized use of the HardballReport Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Hardball Report Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the HardballReport Services. 7. Proprietary Rights in Content on HardballReport.com. A. HardballReport.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HardballReport Services unless otherwise specified. After posting your Content to the HardballReport Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. HardballReport does not assert any ownership over your User Content. Subject to the rights granted to us in these Terms, and unless otherwise specified, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your Content. Without this license, HardballReport.com would be unable to provide the HardballReport Services. Unless otherwise specified, the license you grant to HardballReport.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HardballReport.com), fully-paid and royalty-free (meaning that HardballReport.com is not required to pay you for the use on the HardballReport Services of the Content that you post), sublicensable (so that HardballReport.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HardballReport Services), and worldwide (because the Internet and the HardballReport Services are global in reach). This license will terminate at the time you remove your Content from the HardballReport Services. The license does not grant HardballReport.com the right to sell your Content, nor does the license grant HardballReport.com the right to distribute your Content outside of the HardballReport Services. B. You represent and warrant that: (i) you own the Content posted by you on or through the HardballReport Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HardballReport Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HardballReport Services. C. The HardballReport Services contain Content of HardballReport.com ("HardballReport.com Content"). HardballReport.com Content is protected by copyright, trademark, trade secret and other laws, and HardballReport.com owns and retains all rights in the HardballReport.com Content and the HardballReport Services. HardballReport.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HardballReport.com Content (excluding any software code) solely for your personal use in connection with viewing the HardballReport Website and using the HardballReport Services. D. The HardballReport Services contain Content of Users and other HardballReport.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HardballReport Services. 8. Content Posted A. HardballReport.com may delete any Content that in the sole judgment of HardballReport.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HardballReport.com assumes no responsibility for monitoring the HardballReport Services for inappropriate Content or conduct. If at any time HardballReport.com chooses, in its sole discretion, to monitor the HardballReport Services, HardballReport.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You agree not to hold HardballReport.com responsible for any content posted via HardballReport Services. B. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). HardballReport.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HardballReport.com prior to posting and does not necessarily reflect the opinions or policies of HardballReport.com. HardballReport.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the HardballReport Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. HARDBALLREPORT DOES NOT PRE-SCREEN OR APPROVE HARDBALLREPORT MEMBER PAGES, AND CANNOT GUARANTEE THAT A HARDBALLREPORT MEMBER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A HARDBALLREPORT MEMBER PAGE. HARDBALLREPORT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY HARDBALLREPORT MEMBER PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY HARDBALLREPORT MEMBER PAGE, INCLUDING HOW THE OWNER OF THE HARDBALLREPORT MEMBER PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A HARDBALLREPORT MEMBER PAGE. 9. Content/Activity Prohibited The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the HardballReport Services. HardballReport.com reserves the right to investigate and take appropriate legal action against anyone who, in HardballReport.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the HardballReport Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HardballReport.com: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 14. includes a photograph of another person that you have posted without that person's consent; or 15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the HardballReport Website and through your use of the HardballReport Services. HardballReport.com reserves the right to investigate and take appropriate legal action against anyone who, in HardballReport.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 2. advertising to, or solicitation of, any Member to buy or sell any products or services through the HardballReport Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the HardballReport Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HardballReport.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HardballReport.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HardballReport Services, you acknowledge that you will have caused substantial harm to HardballReport.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HardballReport.com $50 for each such unsolicited email or other unsolicited communication you send through the HardballReport Services; 3. covering or obscuring the banner advertisements on your personal profile page, or any HardballReport.com page via HTML/CSS or any other means; 4. any automated use of the system, such as using scripts to add friends or send comments or messages; 5. interfering with, disrupting, or creating an undue burden on the HardballReport Services or the networks or services connected to the HardballReport Services; 6. attempting to impersonate another Member or person; 7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 8. selling or otherwise transferring your profile; 9. using any information obtained from the HardballReport Services in order to harass, abuse, or harm another person; 10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HardballReport Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or 12. using the HardballReport Services in a manner inconsistent with any and all applicable laws and regulations. 10. Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HardballReport.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HardballReport.com by the copyright owner or the copyright owner's legal agent. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the HardballReport website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that your work has been copied and posted on the HardballReport Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the HardballReport Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. HardballReport.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, LoFi Media Networks, LLC 1454 E. Harrison St., #102, Seattle, WA 98112; email: legal@lofimedia.com. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 11. Member Disputes You are solely responsible for your interactions with other HardballReport.com Members. HardballReport.com reserves the right, but has no obligation, to monitor disputes between you and other Members. 12. Privacy Use of the HardballReport Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 13. Disclaimers HardballReport.com is not responsible for any incorrect or inaccurate Content posted on the HardballReport Website or in connection with the HardballReport Services, whether caused by Users of the HardballReport Services or by any of the equipment or programming associated with or utilized in the HardballReport Services. Profiles created and posted by Members on the HardballReport Website may contain links to other websites. HardballReport.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HardballReport.com. Inclusion of any linked website on the HardballReport Services does not imply approval or endorsement of the linked website by HardballReport.com. When you access these third-party sites, you do so at your own risk. HardballReport.com takes no responsibility for third party advertisements which are posted on this HardballReport Website or through the HardballReport Services, nor does it take any responsibility for the goods or services provided by its advertisers. HardballReport.com is not responsible for the conduct, whether online or offline, of any User of the HardballReport Services. HardballReport.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HardballReport.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HardballReport Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HardballReport Services. Under no circumstances shall HardballReport.com be responsible for any loss or damage, including personal injury or death, resulting from use of the HardballReport Services, attendance at a HardballReport.com event, from any THE HARDBALLREPORT SITE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. 14. Limitation on Liability IN NO EVENT SHALL HARDBALLREPORT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HARDBALLREPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HARDBALLREPORT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HARDBALLREPORT.COM FOR THE HARDBALLREPORT SERVICES DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose. 15. U.S. Export Controls Software available in connection with the HardballReport Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HardballReport Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 16. Disputes If there is any dispute about or involving the HardballReport Services, you agree that the dispute shall be governed by the laws of the State of Washington, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, City of Seattle. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington. Either HardballReport.com or you may demand that any dispute between HardballReport.com and you about or involving the HardballReport Services must be settled by arbitration utilizing the dispute resolution procedures of the an arbitration service provider located in Seattle, WA, USA, provided that the foregoing shall not prevent HardballReport.com from seeking injunctive relief in a court of competent jurisdiction. 17. Indemnity You agree to indemnify and hold HardballReport.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HardballReport Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HardballReport Website or through the HardballReport Services causes HardballReport.com to be liable to another. 18. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 19. Definitions and Constructions Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. 20. Termination You agree that The Company, in its sole discretion, has the right (but not the obligation) to terminate your membership, block your email or IP address, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments. 21. Other This Agreement is accepted upon your use of the HardballReport Website or any of the HardballReport Services and is further affirmed by you becoming a Member. These Terms of Use constitute the entire agreement between you and HardballReport regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of HardballReport.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HardballReport.com is a trademark of HardballReport, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Rules

TERMS OF USE

Welcome to Hardball Report, a baseball news aggregator and social network that connects sports fans across the country. The Hardball Report service and network (collectively, "HardballReport," "the Service," or “HardballReport.com”) are operated by LoFi Media Networks, LLC (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.hardballreport.com, the mobile version thereof (together the "Site"), or any other features, content, or applications offered from time to time by HardballReport.com in connection with the HardballReport Website (collectively, the "HardballReport Services"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether you are a "Visitor" (which means that you simply browse the Hardball Report Website) or you are a "Member" (which means that you have registered with hardballreport.com). The term "User" refers to a Visitor or a Member.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HardballReport Services. By using the HardballReport Services, you agree to be bound by this Agreement. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. You agree to be bound to any changes to this Agreement when you use the HardballReport Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.

Please choose carefully the information you post on HardballReport.com and that you provide to other Users. Your HardballReport.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HardballReport.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HardballReport.com assumes no responsibility or liability for this material. If you become aware of misuse of the HardballReport Services by any person, please contact Hardball Report or click on the "Report Inappropriate Content" link at the bottom of any HardballReport.com page.

Hardball Report.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HardballReport Services at any time, for any or no reason, with or without prior notice, and without liability. Hardball Report expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of HardballReport Services if Hardball Report determines, in its sole discretion, that you pose a threat to Hardball Report and/or its Users.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Eligibility

Membership in the Service and use of HardballReport.com is void where prohibited. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

2. Term

This Agreement shall remain in full force and effect while you use the HardballReport Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. HardballReport.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

You agree that if LoFi Media Networks, LLC creates other sites that are similar in nature to the news aggregate/networking aspects of HardballReport.com, your Member information can be applied to those sites. This will enable you to access Member services across the Lofi Media Networks, LLC online network. You agree that if this happens, this Agreement will also apply to your use of the new site.

3. Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

4. Fees

You acknowledge that HardballReport.com reserves the right to charge for the HardballReport Services and to change its fees from time to time in its discretion. If HardballReport.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

5. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HardballReport.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

6. Non-commercial Use by Members

The HardballReport Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HardballReport.com. Illegal and/or unauthorized use of the HardballReport Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Hardball Report Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the HardballReport Services.

7. Proprietary Rights in Content on HardballReport.com.

A. HardballReport.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HardballReport Services unless otherwise specified. After posting your Content to the HardballReport Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. HardballReport does not assert any ownership over your User Content. Subject to the rights granted to us in these Terms, and unless otherwise specified, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your Content.

Without this license, HardballReport.com would be unable to provide the HardballReport Services. Unless otherwise specified, the license you grant to HardballReport.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HardballReport.com), fully-paid and royalty-free (meaning that HardballReport.com is not required to pay you for the use on the HardballReport Services of the Content that you post), sublicensable (so that HardballReport.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HardballReport Services), and worldwide (because the Internet and the HardballReport Services are global in reach). This license will terminate at the time you remove your Content from the HardballReport Services. The license does not grant HardballReport.com the right to sell your Content, nor does the license grant HardballReport.com the right to distribute your Content outside of the HardballReport Services.

B. You represent and warrant that: (i) you own the Content posted by you on or through the HardballReport Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HardballReport Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HardballReport Services.

C. The HardballReport Services contain Content of HardballReport.com ("HardballReport.com Content"). HardballReport.com Content is protected by copyright, trademark, trade secret and other laws, and HardballReport.com owns and retains all rights in the HardballReport.com Content and the HardballReport Services. HardballReport.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HardballReport.com Content (excluding any software code) solely for your personal use in connection with viewing the HardballReport Website and using the HardballReport Services.

D. The HardballReport Services contain Content of Users and other HardballReport.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HardballReport Services.

8. Content Posted

A. HardballReport.com may delete any Content that in the sole judgment of HardballReport.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HardballReport.com assumes no responsibility for monitoring the HardballReport Services for inappropriate Content or conduct. If at any time HardballReport.com chooses, in its sole discretion, to monitor the HardballReport Services, HardballReport.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You agree not to hold HardballReport.com responsible for any content posted via HardballReport Services.

B. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). HardballReport.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HardballReport.com prior to posting and does not necessarily reflect the opinions or policies of HardballReport.com. HardballReport.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the HardballReport Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

HARDBALLREPORT DOES NOT PRE-SCREEN OR APPROVE HARDBALLREPORT MEMBER PAGES, AND CANNOT GUARANTEE THAT A HARDBALLREPORT MEMBER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A HARDBALLREPORT MEMBER PAGE. HARDBALLREPORT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY HARDBALLREPORT MEMBER PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY HARDBALLREPORT MEMBER PAGE, INCLUDING HOW THE OWNER OF THE HARDBALLREPORT MEMBER PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A HARDBALLREPORT MEMBER PAGE.

9. Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the HardballReport Services. HardballReport.com reserves the right to investigate and take appropriate legal action against anyone who, in HardballReport.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the HardballReport Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HardballReport.com:
         1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
         2. harasses or advocates harassment of another person;
         3. exploits people in a sexual or violent manner;
         4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
         5. solicits personal information from anyone under 18;
         6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
         7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
         8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
         9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
        10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
        11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
        12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
        13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
        14. includes a photograph of another person that you have posted without that person's consent; or
        15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the HardballReport Website and through your use of the HardballReport Services. HardballReport.com reserves the right to investigate and take appropriate legal action against anyone who, in HardballReport.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
         1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
         2. advertising to, or solicitation of, any Member to buy or sell any products or services through the HardballReport Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the HardballReport Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HardballReport.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HardballReport.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HardballReport Services, you acknowledge that you will have caused substantial harm to HardballReport.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HardballReport.com $50 for each such unsolicited email or other unsolicited communication you send through the HardballReport Services;
         3. covering or obscuring the banner advertisements on your personal profile page, or any HardballReport.com page via HTML/CSS or any other means;
         4. any automated use of the system, such as using scripts to add friends or send comments or messages;
         5. interfering with, disrupting, or creating an undue burden on the HardballReport Services or the networks or services connected to the HardballReport Services;
         6. attempting to impersonate another Member or person;
         7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
         8. selling or otherwise transferring your profile;
        9. using any information obtained from the HardballReport Services in order to harass, abuse, or harm another person;
        10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HardballReport Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
        12. using the HardballReport Services in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HardballReport.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HardballReport.com by the copyright owner or the copyright owner's legal agent.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the HardballReport website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that your work has been copied and posted on the HardballReport Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the HardballReport Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. HardballReport.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, LoFi Media Networks, LLC 1454 E. Harrison St., #102, Seattle, WA 98112; email: legal@lofimedia.com.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. Member Disputes

You are solely responsible for your interactions with other HardballReport.com Members. HardballReport.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy

Use of the HardballReport Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

HardballReport.com is not responsible for any incorrect or inaccurate Content posted on the HardballReport Website or in connection with the HardballReport Services, whether caused by Users of the HardballReport Services or by any of the equipment or programming associated with or utilized in the HardballReport Services. Profiles created and posted by Members on the HardballReport Website may contain links to other websites. HardballReport.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HardballReport.com. Inclusion of any linked website on the HardballReport Services does not imply approval or endorsement of the linked website by HardballReport.com. When you access these third-party sites, you do so at your own risk. HardballReport.com takes no responsibility for third party advertisements which are posted on this HardballReport Website or through the HardballReport Services, nor does it take any responsibility for the goods or services provided by its advertisers. HardballReport.com is not responsible for the conduct, whether online or offline, of any User of the HardballReport Services. HardballReport.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HardballReport.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HardballReport Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HardballReport Services. Under no circumstances shall HardballReport.com be responsible for any loss or damage, including personal injury or death, resulting from use of the HardballReport Services, attendance at a HardballReport.com event, from any

THE HARDBALLREPORT SITE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

14. Limitation on Liability

IN NO EVENT SHALL HARDBALLREPORT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HARDBALLREPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HARDBALLREPORT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HARDBALLREPORT.COM FOR THE HARDBALLREPORT SERVICES DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

15. U.S. Export Controls

Software available in connection with the HardballReport Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HardballReport Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes

If there is any dispute about or involving the HardballReport Services, you agree that the dispute shall be governed by the laws of the State of Washington, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, City of Seattle. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington.

Either HardballReport.com or you may demand that any dispute between HardballReport.com and you about or involving the HardballReport Services must be settled by arbitration utilizing the dispute resolution procedures of the an arbitration service provider located in Seattle, WA, USA, provided that the foregoing shall not prevent HardballReport.com from seeking injunctive relief in a court of competent jurisdiction.

17. Indemnity

You agree to indemnify and hold HardballReport.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HardballReport Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HardballReport Website or through the HardballReport Services causes HardballReport.com to be liable to another.

18. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

19. Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

20. Termination

You agree that The Company, in its sole discretion, has the right (but not the obligation) to terminate your membership, block your email or IP address, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

21. Other

This Agreement is accepted upon your use of the HardballReport Website or any of the HardballReport Services and is further affirmed by you becoming a Member. These Terms of Use constitute the entire agreement between you and HardballReport regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of HardballReport.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HardballReport.com is a trademark of HardballReport, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.