1. INTRODUCTION

By accessing and using the CAPSINFO.com Website (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. CAPS 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 those changes.

2. OWNERSHIP AND USE RESTRICTIONS

This Website is owned by the Coalition to Advance the Protection of Sports logos ("CAPS") comprised of The Collegiate Licensing Company, Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties LLC and NHL Enterprises, L.P. (the "CAPS Members"). The CAPS Members and/or their respective constituent teams and affiliated and related entities ("CAPS Entities") own all materials displayed or distributed on this Website, including, but not limited to the team names, trademarks, service marks, logos and copyrights (the "Materials"), and retain all proprietary rights to the Materials. 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 CAPS or the appropriate CAPS Member. Your use of the Materials displayed on this Website, except as provided in this Agreement, is strictly prohibited.

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

3. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

WHILE CAPS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE WEBSITE, CAPS AND THE CAPS ENTITIES PROVIDE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. CAPS AND THE CAPS ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. IF YOU CHOOSE TO ACCESS THE WEBSITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPS AND THE CAPS ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. CAPS AND THE CAPS ENTITIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE WEBSITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL CAPS OR THE CAPS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT OR GRAPHIC IN THE WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT THEREIN, OR ANY AND ALL ACTIONS TAKEN BY WEBSITE USERS BASED ON MATERIALS AND INFORMATION CONTAINED IN THIS WEBSITE WITHOUT THE EXPRESS AUTHORIZATION OF CAPS OR THE CAPS ENTITIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAPS AND THE CAPS ENTITIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF CAPS AND THE CAPS ENTITIES FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $50.

4. INDEMNIFICATION

You hereby agree to indemnify and hold CAPS, the CAPS Entities and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives 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; (B) any alleged breach of this Agreement by you; or (C) any actions taken by you based on the materials or information contained in this Website and without the express authorization of CAPS or the CAPS Entities.

5. TERMINATION OF SERVICE

CAPS may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature or content. CAPS may immediately terminate this Agreement if you breach any term of this Agreement. CAPS 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 CAPS' exclusive discretion, without prejudice to any legal or equitable remedies available to CAPS, for any reason or purpose, including, but not limited to, conduct that CAPS believes violates the Terms of Use or other policies or guidelines posted on the Website or conduct which CAPS believes is harmful to other Website users, to CAPS' business, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Website and destroy all materials obtained from it.

6. CHOICE OF LAW

The Terms of Use and any disputes relating to the Terms of Use or the Website will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any federal or state court of competent jurisdiction located within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to the Terms of Use or the Website. 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. CAPS and the CAPS Entities will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of the Terms of Use.

7. MISCELLANEOUS

The Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and CAPS. CAPS in its sole discretion may amend the Terms of Use, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. The section headings in the Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of the Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.