1. Description of Service. MLBPitcher is a free, online prototype for consideration by Major League Baseball organizations. It is intended for general use but is not presently available to the public. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis for your consideration. MLBPitcher disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. MLBPitcher also reserves the right to modify, suspend or discontinue the Service with or without notice at any time prior to your contracted use of the service.

2. Personal Use. The Service is made available for your organization's use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. MLBPitcher reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MLBPitcher; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. MLBPitcher reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Your Intellectual Property Rights MLBPitcher does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your MLBPItcher account. Should a contract for services be entered, we will not use any of your content for any purpose except to provide you with the Service.

5. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to MLBPitcher to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

6. Privacy. MLBPitcher is not yet available for public use. Any private data contributed will be deleted.

7. Indemnification. You agree to hold harmless and indemnify MLBPitcher, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MLBPitcher will provide you with written notice of such claim, suit or action.