PLEASE READ THESE CONDITIONS OF SERVICE CAREFULLY BEFORE USING ANY OF THE PLAYFIVE WEBSITES, INCLUDING www.Playfive.com, PlayFive, LLC - AND playfive.sportsauction.com (COLLECTIVELY KNOWN AS "PLAYFIVE" or "PLAYFIVE.COM"). By using PlayFive.com, you signify your acceptance of these terms of use. If you do not agree to these terms of use please do not use PlayFive.com. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of PlayFive.com following the posting of changes to these terms will mean you accept those changes.

All materials contained in PlayFive.com are the copyrighted property of PlayFive, or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to PlayFive or its affiliates. No material from PlayFive.com or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited unless expressly agreed to by PlayFive. All trademarks, service marks, trade names and trade dress are proprietary to PlayFive.

"Forum" means any message board, chat area, e-mail function or any other interactive activity offered as part of PlayFive.com. If you participate in any Forum within PlayFive.com, you must not:

• use it for any illegal purpose or function, included, but not limited to, gambling;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
• commit any act that, in the sole discretion of PlayFive.com management, is inappropriate within any forum

It is our policy to respect the privacy of all customers. Therefore, we will not sell your customer specific information unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on PlayFive.com; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

Please exercise discretion while using PlayFive.com. You should be aware that when you are on PlayFive.com, you could be directed to other sites whose content is beyond our control. There may be links to other sites from PlayFive.com that take you outside of our service. For example, if you "click" on a banner advertisement, that ad may take you outside of any of the PlayFive.com websites. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on PlayFive.com may send cookies to users that we do not control.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While PlayFive strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

THE MATERIALS IN PLAYFIVE.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON PLAYFIVE.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PLAYFIVE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PLAYFIVE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from PlayFive.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from PlayFive.com or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PLAYFIVE SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY PLAYFIVE SITE.

We make no representation that materials on PlayFive.com are appropriate or available for use in any particular location. Those who choose to access PlayFive.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of PlayFive.com and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to PlayFive.com may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of PlayFive.com and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.

These terms shall be governed by and construed in accordance with the laws of the State of Calidornia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Diego, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.