iCast Sports Corporation Website Terms of Service (“TOS”) Agreement

Use of an iCast Sports Website (the "Website") is subject to the following terms of service:

1. Website Ownership

The Website is owned and operated by iCast Sports Corporation ("iCast Sports"), its directors, officers, employees, consultants, and sub-contractors (iCast Sports and all such individuals shall collectively be referred to herein as the “Operators”). All materials distributed on the Website (the "Materials") are either owned by or licensed to iCast Sports. iCast Sports and its licensors retain all proprietary rights in and to the Materials. Except as expressly provided herein, Website users shall not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of iCast Sports, and the Materials shall not be used in any unauthorized manner at any time whatsoever.

2. Acceptance of Terms

The Operators provide the Website to you, subject to the TOS, which may be updated by iCast Sports from time to time without prior notice to you. You can review the most current version of the TOS at any time by visiting the iCast Sports website at www.icastsports.com/legal/tos.html. It is important for you to periodically refer to these TOS to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOS. Your use of the Website constitutes your acceptance of these TOS without the requirement of any other action by iCast Sports.

3. Service Description

The Operators provide, or may provide in the future, users with access to a vast collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new iCast Sports properties and/or services, shall be subject to these TOS. The Operators may change, suspend or discontinue any aspect of the Service and the Website at any time. The Operators may also impose limits on certain features and services or restrict access to parts of or all of the Website and the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated therewith. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. The Operators may offer other services from time to time, which are governed by different terms of service other than the TOS.

4. Copyright; Trademark

The Website, the Materials and the Service are protected by copyright pursuant to U.S.copyright laws, international conventions and other copyright laws and are owned or controlled by iCast Sports or the party credited as the provider of the actual content in question. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website and the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from iCast Sports or the copyright holder as identified on the Service. iCast Sports and any other iCast Sports-related service marks, trademarks and logos displayed on the Website (collectively, the "iCast Sports Trademarks") are the property of iCast Sports or its affiliated companies. You agree not to display or use the iCast Sports Trademarks in any manner without the expressed written consent of iCast Sports. No Materials may be copied, reproduced, republished, uploaded, transmitted distributed in any way, except that you may download one (1) copy of the Materials on any single computer for your personal, non-commercial home use only, provided that: (i) you keep intact all copyright, trademark and other proprietary notices; (ii) you make no modification to the Materials; (iii) you do not use the Materials in a manner that suggests an association with our products, services, or brands; and (iv) you do not download quantities of the Materials to a database that can be used to avoid future downloads from the Website or any other iCast Sports website. The use of any of the Materials on any other website or computer environment is expressly prohibited. The "look and feel," of the Website is protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any part of the Website, the Materials and the Service may be copied or retransmitted unless expressly permitted by iCast Sports.

5. Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), as amended ("DMCA"), iCast Sports intends to designate to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Service Provider: iCast Sports Corporation.

Address of Designated Agent:

iCast Sports Corporation

300 Center Drive

Suite G

Superior, Colorado 80027

Attention: General Counsel

Telephone Number of Designated Agent: (303) 951-4013

Facsimile Number of Designated Agent: (303) 951-4013

Email Address of Designated Agent: copyright@icastsports.com

9. Linking

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

10. Disclaimer of Warranties

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

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

C. THE OPERATORS DO NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED TO THE EXTENT POSSIBLE; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.

11. Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THESE TOS, OTHER OPERATING TERM SET FORTH BY THE OPERATORS OR ANY ACT OR FAILURE TO ACT BY THE OPERATORS, OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.

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

C. IN NO EVENT SHALL THE OPERATORS, THEIR VENDORS OR ANY OTHER ICAST SPORTS ENTITY (e.g., SUBSIDIARY OR AFFILIATE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE OPERATORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE OPERATORS, THEIR VENDORS AND ANY ICAST SPORTS ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS $50.

D. IN NO EVENT SHALL THE OPERATORS OR ANY OTHER ICAST SPORTS ENTITY (e.g., SUBSIDIARY OR AFFILIATE) BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SERVICE OR ANY OTHER SITE FEATURE.

12. Indemnification

You hereby agree to indemnify and hold iCast Sports, all of iCast Sports’s partner schools or organizations and its vendors, affiliates and subsidiaries as well as each of 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, any Service, any Subscription Services and/or tickets purchased via the Website; or (B) any alleged breach of these TOS by you.

13. Termination

The Operators may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Operators 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 the Operators’ sole and exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these TOS or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers, to the Operators’ business, or to other information providers. In addition, these TOS may be immediately terminated at any time by the Operators in their sole discretion.

14. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of Colorado applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Boulder County, Colorado will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these TOS and 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. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these TOS.

15. Miscellaneous

Use of the Website is subject to all applicable laws and regulations, including U.S. export laws. No software from the Website may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. These TOS constitute the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Operators in their sole discretion may amend these TOS. If any term in these TOS is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these TOS are for convenience only and must not be given any legal import.

LAST UPDATED: February 2007.