Purchase of an SBS Web Network Subscription constitutes acceptance of these terms and conditions.

SPORTS BUSINESS SIMULATIONS - TERMS & CONDITIONS OF USE MEMBER AGREEMENT
Welcome to Sports Business Simulations. This Agreement (the "Agreement") is a legal agreement between you and Sports Business Simulations, Inc. ("SBS") that states the terms and conditions under which you may receive SBS Subscriptions and use the SBS Web Network and SBS simulation products ( which constitute the "SBS Web Network"). Your use of the SBS Web Network constitutes your agreement to the terms and conditions set forth below. If you do not agree to these terms and conditions, do not use the SBS Web Network.
Notwithstanding any statements on the SBS Web Network web pages or elsewhere, these Terms and Conditions are the agreement between you and SBS. By completing the on-line subscription process and submitting each order you confirm and affirm that you have read, understood and agree to these Terms and Conditions, and the form in which they appear at the time your on line subscription application is completed.

You agree that:

SBS will make every attempt to deliver your username and password, which are the code to access your subscription, within two working days.

I) Offer and acceptance. By submitting a completed subscription order form, you offer to purchase, pursuant to these Terms and Conditions and the order form, SBS Web Network subscriptions (collectively, "Subscriptions") you select and submit to Sports Business Simulations, Inc. ("SBS") for purchase via the order form. SBS may accept your offer by sending you an electronic confirmation that your order has been received and accepted. When SBS accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between SBS and you governing your purchase of the Subscriptions from SBS using the SBS Web Network Subscription Center.

II) Responsibilities. If SBS accepts your order, SBS shall, in return for your payment, provide the Subscription that you order through the SBS Web Network Subscription Center online ordering service. Your payment for the Subscription will represent only that subscription. You agree that to establish a longer subscription term, requires that you apply for a new subscription. SBS, using a third-party Internet Merchant Account System, will charge the payment for the Subscription to the credit card that you submit to SBS / Internet Merchant Account System as part of your registration, and will collect the payment from your bank. You authorize SBS / Internet Merchant Account System to make and collect such payment and charge, and agree to make payment to SBS if SBS cannot collect the charge for any reason. The total amounts you shall pay for the Subscription per each order shall be the sums of the number of subscriptions you order under that account option as reported to you in the delivery receipt.

III) Product Pricing and Service Charges. The base price for each Subscription account is as displayed on all SBS Web Network Subscription Center Web Pages. The Internet Merchant Account System reports the final price you pay to you, after you enter your order in the "Shopping Cart."

IV) Delivery of Subscription: SBS shall cause your Subscription to be delivered by way of electronic mail to your Internet electronic mail address. SBS will make best effort to send the Subscription within two working days, however should SBS staff realize a large stock of to-be-processed Subscriptions SBS reserves the right to send the subscription after the pre-existing to-be-processed Subscriptions are delivered.

V) Communications. SBS shall conclusively presume that online communications received from you through your use of the online order form and the registration process are accurate, complete, and authorized by you as received by SBS. You agree not to contest the validity and binding legal effect of those communications.

VI) Eligibility. You must be aged 18 or older, or represented by a parent or guardian or school teacher, and have completed the Subscription registration process to participate in The SBS Web Network. You will receive a user ID and password. Please keep them secret and you are entirely responsible for the use of the SBS Web Network pursuant to your user ID and password. You must immediately notify SBS of any unauthorized use of your user ID or any breach of security that becomes known to you.

VII) Subscription Registration. You agree to complete the initial registration process according to SBS / Internet Merchant Account System requirements stated on the Web site, and to provide SBS / Internet Merchant Account System with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You must provide SBS / Internet Merchant Account System with an accurate and complete credit card number and expiration date at the time of checkout.

VIII) You represent and warrant to SBS / Internet Merchant Account System that your use of any credit card is authorized and legal

IX) Subscriber information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as necessary.

X) Methods of payment. You can pay by any credit card listed on in the SBS Web Network Subscription Order Center. Your credit card information will be encrypted to minimize the possibility of unauthorized access or disclosure. Please refer to SBS’s Privacy Policy [Attached as Addendum A] for further details. Authority for payment must be given at the time of order.

XI) SBS Satisfaction Guarantee. If you are not satisfied with a subscription for because you are not able to access the SBS Web Network, you should call 1-510-444-4037 Monday through Saturday from 10:00 a.m. until 3:00 p.m., Pacific Time and SBS will issue a credit to your credit card in an amount equal to the value of the subscription.

XII) Product Availability. SBS will make available to members of the SBS Web Network, access to any and all newly added simulations or other products or services that may be released during the life of the Subscription. However, SBS reserves the right not to provide such access to non-subscribers.

XIII) Simulation Changes and Updates: SBS reserves the right to make updates and changes to the SBS simulations offered as part of the Subscription, and at any time. SBS will make best efforts to notify all users of changes that may impact their use of the SBS Web Network. However SBS reserve the right to make updates and changes without notification, and where such updates and changes do not significantly alter the operation of the simulators by you, the user, and are not noticeable to you the user.

XIV) Disclaimer of warranty. SBS Web Network Subscriptions are provided on an "AS IS" basis and SBS will make best efforts to assure that the SBS Web Network is operating 24 hours a day, seven days a week, 365 days a year. However, SBS is not responsible for any status of non-operation of the host Forio Business Simulations, Inc. server that may be caused by damage or any other problem or occurrence. SBS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.

XV) LIMITATION OF LIABILITY. SBS SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SBS. ANY LIABILITY OF SBS (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SBS IN YOUR MOST RECENT USE OF THE ONLINE SHOPPING SERVICE IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.

XVI) Confidentiality. SBS values you as a member and your right to privacy. Except as may be otherwise required by law, SBS / Internet Merchant Account System (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with SBS online shopping services or otherwise for SBS’s general business purposes, and (ii) will not sell your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the SBS Web Network or SBS general business purposes. SBS may, and reserves the right to, use and disclose internally within SBS and with its affiliated business partners, any aggregated information, including information you provide to SBS, regarding SBS members and usage of the SBS Web Network.

XVII) Applicable Law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between SBS and you regarding the online shopping services, are governed by laws of the State of California without regard to conflict of laws and rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in Pleasanton, California and Alameda County, California.

XVIII) Changes to Terms and Conditions. SBS reserves the right to, from time to time, with or without notice to you, in SBS’s sole discretion, amend the Terms and Conditions for use and purchases regarding the SBS Web Network. Any amendments by SBS will be effective only as to subscription orders you place after SBS’s revisions of these Terms and Conditions as displayed on the Web site. SBS will plan to notify you of any material amendments to these Terms and Conditions; however, it is your responsibility to review the Terms and Conditions before submitting each order. SBS has no responsibility to notify you of any changes before any such changes are effective.

XIX) Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and SBS regarding your online subscription purchases. All statements otherwise made on the Web site, or otherwise, are intended only for your convenience and do not form and are not included in our Agreement or the terms for your purchase.

XX) SBS Right to Refuse Service. SBS, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason

XXI) Complaints: Please call: SBS Customer Service at (510) 444-4037. In California: The Complaint Assistance Unit of the Division of Consumer Services of the department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254.

ADDENDUM A

SBS Privacy Policy

SBS respects the privacy of our members. We take steps to ensure that your privacy is respected and protected when collecting and using information you provide.

Data Collection

SBS only collects personally identifying information from our members. "Personally-identifying information" means your name, address, bank account, credit card number, telephone number or other information by which you can be personally identified.

Data Use

SBS uses personally identifying information in limited circumstances. For example, we use your name to thank you personally for your business when you make purchases. We also use this information to contact you if you have won a contest or sweepstakes. SBS may use this information to give you personally tailored coupons, offers or other information that may be provided to SBS by other companies if provided in the future. SBS will provide the option to reject these offerings if you prefer not to receive these value-added services or offers, SBS does not sell or lease personally identifying information to any other company, person or agency. SBS will disclose personally identifying information only if required to do so by law, or if requested to do so by a law enforcement agency in the context of an ongoing criminal investigation where such disclosure could be required by subpoena or court order. Any request for information must be cleared by our Legal Representative. In addition, SBS may use any information our customers provide when conducting our own investigations of alleged customer wrongdoing, such as dishonored or fraudulent method of payment.

SBS may create compilations of information that is not personally identifying and provide this data to other companies to help them understand the shopping patterns of our customers.


Security
We provide protection against unauthorized disclosure of the information you share with us. We store information in a secure manner. We restrict access to personally identifying information to only those with a need to know. We also educate those people with access to customer information about their responsibility to protect your privacy and we give them clear guidelines regarding the use and disclosure of such information.