Ballbutton Terms of Service

Last Updated: December 1, 2020

Welcome, and thank you for your interest in Ballbutton, Inc. (“Ballbutton,” “we,” or “us”)

and our website at www.Ballbutton.com, along with our related websites, networks,

applications, consumer and enterprise mobile applications, and other services provided

by us (collectively, the “Service”). These Terms of Service are a legally binding contract

between you and us regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE

ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND

UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU

AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS,

INCLUDING BALLBUTTON’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF

YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO

NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE

SERVICE, AND BALLBUTTON’S PROVISION OF THE SERVICE TO YOU,

CONSTITUTES AN AGREEMENT BY BALLBUTTON AND BY YOU TO BE BOUND

BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17,

you agree that disputes arising under these Terms will be resolved by binding, individual

arbitration, and BY ACCEPTING THESE TERMS, YOU AND BALLBUTTON ARE

EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY

CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP

YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract

(except for matters that may be taken to small claims court). Your rights will be

determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)

1. Ballbutton Service Overview. Ballbutton provides consumer and enterprise

applications and services for managing your tennis life, including scheduled lessons

and matches, social communication tools and more.

2. Eligibility. You must be at least 16 years old to use the Service. By agreeing to

these Terms, you represent and warrant to us that: (a) you are at least 16 years old;

(b) you have not previously been suspended or removed from the Service; and (c)

your registration and your use of the Service is in compliance with any and all

applicable laws and regulations. If you are an entity, organization, or company, the

individual accepting these Terms on your behalf represents and warrants that they

have authority to bind you to these Terms and you agree to be bound by these

Terms.

3. Accounts and Registration. To access most features of the Service, you must

provide us with some information about yourself, such as your name, email

address, or other contact information. You agree that the information you provide to

us is accurate and that you will keep it accurate and up-to-date at all times. When

you register, you will be asked to provide a password. You are solely responsible for

maintaining the confidentiality of your account and password, and you accept

responsibility for all activities that occur under your account. Ballbutton retains

ownership of all usernames and may change usernames at any time in its sole and

absolute discretion without compensation to you. Ballbutton can permanently

remove or temporarily put on hold any user account at its sole discretion; subject

only to published refund policies, if applicable. If you believe that your account is no

longer secure, then you must immediately notify us at support@Ballbutton.com.

4. General Payment Terms. Certain features of the Service may require you to pay

fees. Before you pay any fees, you will have an opportunity to review and accept

the fees that you will be charged and the methods of payment. All fees are in U.S.

Dollars and are non-refundable unless otherwise specified.

4.1 Price. General access to the Service is free, but Ballbutton reserves the

right to determine pricing for the Service or any portions or features

thereof. Ballbutton will make reasonable efforts to keep pricing information

published on the website and in our applications up to date. We

encourage you to check our website periodically for current pricing

information. Ballbutton may change the fees for any feature of the Service,

including additional fees or charges, if Ballbutton gives you advance notice

of changes before they apply. Ballbutton, at its sole discretion, may make

promotional offers with different features and different pricing to any of

Ballbutton’s customers. These promotional offers, unless made to you, will

not apply to your offer or these Terms.

4.2 Authorization. You authorize Ballbutton to charge all sums for the orders

that you make and any level of Service you select as described in these

Terms or published by Ballbutton, including all applicable taxes, to the

payment method specified in your account. If you pay any fees with a

credit card, Ballbutton may seek pre-authorization of your credit card

account prior to your purchase to verify that the credit card is valid and

has the necessary funds or credit available to cover your purchase.

4.3 Subscription Service. The Service may include individual features or

functions for which there are automatically recurring payments for periodic

charges (“Subscription Service”). If you activate a Subscription Service,

you authorize Ballbutton to periodically charge, on a going-forward basis

and until cancellation of either the recurring payments or your account, all

accrued sums on or before the payment due date for the accrued sums.

The “Subscription Billing Date” is the date when you purchase your first

subscription to the Service. Your account will be charged automatically on

the Subscription Billing Date all applicable fees and taxes for the next

subscription period. The subscription will continue unless and until you

cancel your subscription or we terminate it. You must cancel your

subscription before it renews in order to avoid billing of the next periodic

Subscription Fee to your account. We will bill the periodic Subscription

Fee to the payment method you provide to us during registration (or to a

different payment method if you change your payment information). You

may cancel Subscription Services in your account or contacting us at

support@Ballbutton.com.

4.4 Delinquent Accounts. Ballbutton may suspend or terminate access to

the Service, including fee-based portions of the Service, for any account

for which any amount is due but unpaid. In addition to the amount due for

the Service, a delinquent account will be charged with fees or charges that

are incidental to any chargeback or collection of any the unpaid amount,

including collection fees.

Payments Processing for Business Accounts

Ballbutton processes user payments through Stripe, and a Stripe account is

required to receive payments through the Ballbutton platform. By enabling payment

functionality and linking your Stripe account with your Ballbutton, you agree to the

payment of certain fees and charges to Ballbutton, including payment and

processing surcharges on amounts processed through the Ballbutton platform as

determined from time to time. Ballbutton fees and charges applicable to payment

functionality are published here

[https://www.ballbutton.com/assets/file/payments-processing-accounts.pdf] and, in

accordance with the Ballbutton Terms of Service, Ballbutton will make reasonable

efforts to keep pricing information published on the website and in our applications

up to date. Fees and charges imposed by Stripe [https://stripe.com/pricing] are

governed by your agreement with Stripe.

6. Licenses

6.1 Limited License. Subject to your complete and ongoing compliance with

these Terms, Ballbutton grants you, (i) in the case of our consumer

application, solely for your personal, noncommercial use and (ii) in the

case of our enterprise application, your individual business use, a limited,

non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) install and use one object code copy of any mobile application

associated with the Service obtained from a legitimate marketplace

(whether installed by you or pre-installed on your mobile device by the

device manufacturer) on a mobile device that you own or control; and (b)

access and use the Service.

6.2 License Restrictions. Except and solely to the extent such a restriction is

impermissible under applicable law, you may not: (a) reproduce, distribute,

publicly display, or publicly perform the Service; (b) make modifications to

the Service; or (c) interfere with or circumvent any feature of the Service,

including any security or access control mechanism. If you are prohibited

under applicable law from using the Service, you may not use it.

6.3 Feedback. If you choose to provide input and suggestions regarding

problems with or proposed modifications or improvements to the Service

(“Feedback”), then you hereby grant Ballbutton an unrestricted, perpetual,

irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the

Feedback in any manner and for any purpose, including to improve the

Service and create other products and services.

7. Ownership; Proprietary Rights. The Service is owned and operated by Ballbutton.

The visual interfaces, graphics, design, compilation, information, data, computer

code (including source code or object code), products, software, services, and all

other elements of the Service (“Materials”) provided by Ballbutton are protected by

intellectual property and other laws. All Materials included in the Service are the

property of Ballbutton or its third party licensors. Except as expressly authorized by

Ballbutton, you may not make use of the Materials. Ballbutton reserves all rights to

the Materials not granted expressly in these Terms.

8. Third Party Terms

8.1 Third Party Services and Linked Websites. Ballbutton may provide

tools through the Service that enable you to export information, including

User Content, to third party services, including through features that allow

you to link your account on Ballbutton with an account on the third party

service, such as Twitter or Facebook, or through our implementation of

third party buttons (such as “like” or “share” buttons). By using one of

these tools, you agree that Ballbutton may transfer that information to the

applicable third party service. Third party services are not under

Ballbutton’s control, and, to the fullest extent permitted by law, Ballbutton

is not responsible for any third party service’s use of your exported

information. The Service may also contain links to and integrations with

third party websites. Linked websites are not under Ballbutton’s control,

and Ballbutton is not responsible for their content.

8.2 Third Party Software. The Service may include or incorporate third party

software components that are generally available free of charge under

licenses granting recipients broad rights to copy, modify, and distribute

those components (“Third Party Components”). Although the Service is

provided to you subject to these Terms, nothing in these Terms prevents,

restricts, or is intended to prevent or restrict you from obtaining Third Party

Components under the applicable third party licenses or to limit your use

of Third Party Components under those third party licenses.

8.3 Other Third Party Services. The Service may assist you in accessing

third party services or facilities (ie, sport lessons, courts or facilities at

athletic clubs). Your use of such third party services or facilities is subject

to the applicable terms and conditions and at your own risk. We accept no

liability and make no representation as to the quality or nature or third

party services or facilities.

9. User Content

9.1 User Content Generally. Certain features of the Service may permit

users to upload content to the Service, including messages, reviews,

photos, video, images, folders, data, text, and other types of works (“User

Content”) and to publish User Content on the Service. You retain any

Content that you post to the Service.

9.2 Limited License Grant to Ballbutton. By providing User Content to or

via the Service, you grant Ballbutton a worldwide, non-exclusive,

irrevocable, royalty-free, fully paid right and license (with the right to

sublicense) to host, store, transfer, display, perform, reproduce, modify for

the purpose of formatting for display, and distribute your User Content, in

whole or in part, in any media formats and through any media channels

now known or hereafter developed.

9.3 Limited License Grant to Other Users. By providing User Content to or

via the Service to other users of the Service, you grant those users a non-

exclusive license to access and use that User Content as permitted by

these Terms and the functionality of the Service.

9.4 User Content Representations and Warranties. Ballbutton disclaims

any and all liability in connection with User Content. You are solely

responsible for your User Content and the consequences of providing

User Content via the Service. By providing User Content via the Service,

you affirm, represent, and warrant that:

a. you are the creator and owner of the User Content, or have the necessary

licenses, rights, consents, and permissions to authorize Ballbutton and

users of the Service to use and distribute your User Content as necessary

to exercise the licenses granted by you in this Section, in the manner

contemplated by Ballbutton, the Service, and these Terms;

b. your User Content, and the use of your User Content as contemplated by

these Terms, does not and will not: (i) infringe, violate, or misappropriate

any third party right, including any copyright, trademark, patent, trade

secret, moral right, privacy right, right of publicity, or any other intellectual

property or proprietary right; (ii) slander, defame, libel, or invade the right

of privacy, publicity or other property rights of any other person; or (iii)

cause Ballbutton to violate any law or regulation; and

c. your User Content could not be deemed by a reasonable person to be

objectionable, profane, indecent, pornographic, harassing, threatening,

embarrassing, hateful, or otherwise inappropriate.

9.5 User Content Disclaimer. We are under no obligation to edit or control

User Content that you or other users post or publish, and will not be in any

way responsible or liable for User Content. Ballbutton may, however, at

any time and without prior notice, screen, remove, edit, or block any User

Content in our sole and absolute discretion. You understand that when

using the Service you will be exposed to User Content from a variety of

sources and acknowledge that User Content may be inaccurate, offensive,

indecent, or objectionable. You agree to waive, and do waive, any legal or

equitable right or remedy you have or may have against Ballbutton with

respect to User Content. If notified by a user or content owner that User

Content allegedly does not conform to these Terms, we may investigate

the allegation and determine in our sole discretion whether to remove the

User Content, which we reserve the right to do at any time and without

notice. For clarity, Ballbutton does not permit copyright-infringing activities

on the Service.

9.6 Monitoring Content. Ballbutton does not control and does not have any

obligation to monitor: (a) User Content; (b) any content made available by

third parties; or (c) the use of the Service by its users. You acknowledge

and agree that Ballbutton reserves the right to, and may from time to time,

monitor any and all information transmitted or received through the

Service for operational and other purposes. If at any time Ballbutton

chooses to monitor the content, Ballbutton still assumes no responsibility

or liability for content or any loss or damage incurred as a result of the use

of content. During monitoring, information may be examined, recorded,

copied, and used in accordance with our Privacy Policy.

10. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

a. use the Service for any illegal purpose or in violation of any local, state,

national, or international law;

b. harass, threaten, demean, embarrass, or otherwise harm any other user

of the Service;

c. violate, or encourage others to violate, any right of a third party, including

by infringing or misappropriating any third party intellectual property right;

d. interfere with security-related features of the Service, including by: (i)

disabling or circumventing features that prevent or limit use or copying of

any content; or (ii) reverse engineering or otherwise attempting to discover

the source code of any portion of the Service except to the extent that the

activity is expressly permitted by applicable law;

e. interfere with the operation of the Service or any user’s enjoyment of the

Service, including by: (i) uploading or otherwise disseminating any virus,

adware, spyware, worm, or other malicious code; (ii) making any

unsolicited offer or advertisement to another user of the Service; (iii)

collecting personal information about another user or third party without

consent; or (iv) interfering with or disrupting any network, equipment, or

server connected to or used to provide the Service;

f. perform any fraudulent activity including impersonating any person or

entity, claiming a false affiliation, accessing any other Service account

without permission, or falsifying your age or date of birth;

g. sell or otherwise transfer the access granted under these Terms or any

Materials (as defined in Section 7) or any right or ability to view, access, or

use any Materials; or

h. attempt to do any of the acts described in this Section 10 or assist or

permit any person in engaging in any of the acts described in this Section

10.

11. Digital Millennium Copyright Act

11.1 DMCA Notification. We comply with the provisions of the Digital

Millennium Copyright Act applicable to Internet service providers (17

U.S.C. §512, as amended). If you have an intellectual property rights-

related complaint about material posted on the Service, you may contact

our Designated Agent at the following address:

Ballbutton, Inc.

ATTN: Legal Department (Copyright Notification)

11601 Wilshire blvd, suite 500, Los Angeles, CA 90025, USA

+1 (213) 537-2255

Email: copyright@Ballbutton.com

Any notice alleging that materials hosted by or distributed through the Service

infringe intellectual property rights must comply include the following information:

a. an electronic or physical signature of the person authorized to act on

behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you

claim has been infringed;

c. a description of the material that you claim is infringing and where it is

located on the Service;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the

materials on the Service of which you are complaining is not authorized by

the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate

and that, under penalty of perjury, you are the copyright or intellectual

property owner or authorized to act on the copyright or intellectual

property owner’s behalf.

11.2 Repeat Infringers. Ballbutton will promptly terminate the accounts of

users that are determined by Ballbutton to be repeat infringers.

12. Modification of these Terms. We reserve the right to change these Terms on a

going-forward basis at any time upon 7 days’ notice. Please check these Terms

periodically for changes. If a change to these Terms materially modifies your rights

or obligations, we may require that you accept the modified Terms in order to

continue to use the Service. Material modifications are effective upon your

acceptance of the modified Terms. Immaterial modifications are effective upon

publication. Except as expressly permitted in this Section 12, these Terms may be

amended only by a written agreement signed by authorized representatives of the

parties to these Terms. Disputes arising under these Terms will be resolved in

accordance with the version of these Terms that was in effect at the time the

dispute arose.

13. Term, Termination and Modification of the Service

13.1 Term. These Terms are effective beginning when you accept the Terms or

first download, install, access, or use the Service, and ending when

terminated as described in Section 13.2.

13.2 Termination. If you violate any provision of these Terms, your

authorization to access the Service and these Terms automatically

terminate. In addition, Ballbutton may, at its sole discretion, terminate

these Terms or your account on the Service, or suspend or terminate your

access to the Service, at any time for any reason or no reason, with or

without notice. You may terminate your account and these Terms at any

time by contacting customer service at support@Ballbutton.com.

13.3 Effect of Termination. Upon termination of these Terms: (a) your license

rights will terminate and you must immediately cease all use of the

Service; (b) you will no longer be authorized to access your account or the

Service; (c) you must pay Ballbutton any unpaid amount that was due

prior to termination; and (d) all payment obligations accrued prior to

termination and Sections 6.3, 7, 8, 13.3, 14, 15, 16, 17 and 18 will survive.

13.4 Modification of the Service. Ballbutton reserves the right to modify or

discontinue the Service at any time (including by limiting or discontinuing

certain features of the Service), temporarily or permanently, without notice

to you. Ballbutton will have no liability for any change to the Service or any

suspension or termination of your access to or use of the Service.

14. Indemnity. To the fullest extent permitted by law, you are responsible for your use

of the Service, and you will defend and indemnify Ballbutton and its officers,

directors, employees, consultants, affiliates, subsidiaries and agents (together, the

“Ballbutton Entities”) from and against every claim brought by a third party, and any

related liability, damage, loss, and expense, including reasonable attorneys’ fees

and costs, arising out of or connected with: (a) your unauthorized use of, or misuse

of, the Service; (b) your violation of any portion of these Terms, any representation,

warranty, or agreement referenced in these Terms, or any applicable law or

regulation; (c) your violation of any third party right, including any intellectual

property right or publicity, confidentiality, other property, or privacy right; or (d) any

dispute or issue between you and any third party. We reserve the right, at our own

expense, to assume the exclusive defense and control of any matter otherwise

subject to indemnification by you (without limiting your indemnification obligations

with respect to that matter), and in that case, you agree to cooperate with our

defense of those claims.

15. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH

THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.

BALLBUTTON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS

AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY

IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B)

ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR

TRADE. BALLBUTTON DOES NOT WARRANT THAT THE SERVICE OR ANY

PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED

THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF

ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BALLBUTTON

DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY

YOU FROM THE SERVICE OR BALLBUTTON ENTITIES OR ANY MATERIALS

OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY

WARRANTY REGARDING ANY OF THE BALLBUTTON ENTITIES OR THE

SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT

RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE

AND YOUR DEALING WITH ANY OTHER SERVICE USER WHETHER ONLINE,

IN PERSON OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU

USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK,

AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY TO

YOU OR TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR

MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS

OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY

TO THE FULLEST EXTENT PERMITTED BY LAW. Ballbutton does not disclaim

any warranty or other right that Ballbutton is prohibited from disclaiming under

applicable law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE

BALLBUTTON ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES

(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER

INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO

OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR

ANY MATERIALS OR CONTENT ON THE SERVICE OR ARISING FROM YOUR

INTERACTION WITH OTHERS THROUGH OR IN CONNECTION WITH YOUR

USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT

(INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND

WHETHER OR NOT ANY BALLBUTTON ENTITY HAS BEEN INFORMED OF THE

POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 17.4 AND TO THE FULLEST EXTENT

PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BALLBUTTON

ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE

USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR

OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR

OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE

PAID TO BALLBUTTON FOR ACCESS TO AND USE OF THE SERVICE IN THE

12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO

CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF

LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS

INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES

UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF

THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE

PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER

PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL

APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1 Generally. In the interest of resolving disputes between you and

Ballbutton in the most expedient and cost effective manner, and except as

described in Section 17.2, you and Ballbutton agree that every dispute

arising in connection with these Terms will be resolved by binding

arbitration. Arbitration is less formal than a lawsuit in court. Arbitration

uses a neutral arbitrator instead of a judge or jury, may allow for more

limited discovery than in court, and can be subject to very limited review

by courts. Arbitrators can award the same damages and relief that a court

can award. This agreement to arbitrate disputes includes all claims arising

out of or relating to any aspect of these Terms, whether based in contract,

tort, statute, fraud, misrepresentation, or any other legal theory, and

regardless of whether a claim arises during or after the termination of

these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING

INTO THESE TERMS, YOU AND BALLBUTTON ARE EACH WAIVING

THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS

ACTION.

17.2 Exceptions. Despite the provisions of Section 17.1, nothing in these

Terms will be deemed to waive, preclude, or otherwise limit the right of

either party to: (a) bring an individual action in small claims court; (b)

pursue an enforcement action through the applicable federal, state, or

local agency if that action is available; (c) seek injunctive relief in a court of

law in aid of arbitration; or (d) to file suit in a court of law to address an

intellectual property infringement claim.

17.3 Arbitrator. Any arbitration between you and Ballbutton will be settled

under the Federal Arbitration Act and administered by the American

Arbitration Association (“AAA”) under its Consumer Arbitration Rules

(collectively, “AAA Rules”) as modified by these Terms. The AAA Rules

and filing forms are available online at www.adr.org, by calling the AAA at

1-800-778-7879, or by contacting Ballbutton. The arbitrator has exclusive

authority to resolve any dispute relating to the interpretation, applicability,

or enforceability of this binding arbitration agreement.

17.4 Notice of Arbitration; Process. A party who intends to seek arbitration

must first send a written notice of the dispute to the other party by certified

U.S. Mail or by Federal Express (signature required) or, only if that other

party has not provided a current physical address, then by electronic mail

(“Notice of Arbitration”). Ballbutton’s address for Notice is: Ballbutton,

Inc., 2450Colorado Ave, Suite 100E, Santa Monica, CA 90404, USA. The Notice of

Arbitration must: (a) describe the nature and basis of the claim or dispute;

and (b) set forth the specific relief sought (“Demand”). The parties will

make good faith efforts to resolve the claim directly, but if the parties do

not reach an agreement to do so within 30 days after the Notice of

Arbitration is received, you or Ballbutton may commence an arbitration

proceeding. All arbitration proceedings between the parties will be

confidential unless otherwise agreed by the parties in writing. During the

arbitration, the amount of any settlement offer made by you or Ballbutton

must not be disclosed to the arbitrator until after the arbitrator makes a

final decision and award, if any. If the arbitrator awards you an amount

higher than the last written settlement amount offered by Ballbutton in

settlement of the dispute prior to the award, Ballbutton will pay to you the

higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

17.5 Fees. If you commence arbitration in accordance with these Terms,

Ballbutton will reimburse you for your payment of the filing fee, unless your

claim is for more than $10,000, in which case the payment of any fees will

be decided by the AAA Rules. Any arbitration hearing will take place at a

location to be agreed upon in Los Angeles, California, but if the claim is for

$10,000 or less, you may choose whether the arbitration will be

conducted: (a) solely on the basis of documents submitted to the

arbitrator; (b) through a non-appearance based telephone hearing; or (c)

by an in-person hearing as established by the AAA Rules in the county (or

parish) of your billing address. If the arbitrator finds that either the

substance of your claim or the relief sought in the Demand is frivolous or

brought for an improper purpose (as measured by the standards set forth

in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will

be governed by the AAA Rules. In that case, you agree to reimburse

Ballbutton for all monies previously disbursed by it that are otherwise your

obligation to pay under the AAA Rules. Regardless of the manner in which

the arbitration is conducted, the arbitrator must issue a reasoned written

decision sufficient to explain the essential findings and conclusions on

which the decision and award, if any, are based. The arbitrator may make

rulings and resolve disputes as to the payment and reimbursement of fees

or expenses at any time during the proceeding and upon request from

either party made within 14 days of the arbitrator’s ruling on the merits.

17.6 No Class Actions. YOU AND BALLBUTTON AGREE THAT EACH MAY

BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

PROCEEDING. Further, unless both you and Ballbutton agree otherwise,

the arbitrator may not consolidate more than one person’s claims, and

may not otherwise preside over any form of a representative or class

proceeding.

17.7 Modifications to this Arbitration Provision. If Ballbutton makes any

future change to this arbitration provision, other than a change to

Ballbutton’s address for Notice of Arbitration, you may reject the change

by sending us written notice within 30 days of the change to Ballbutton’s

address for Notice of Arbitration, in which case your account with

Ballbutton will be immediately terminated and this arbitration provision, as

in effect immediately prior to the changes you rejected will survive.

17.8 Enforceability. If Section 17.6 is found to be unenforceable or if the

entirety of this Section 17 is found to be unenforceable, then the entirety of

this Section 17 will be null and void and, in that case, the parties agree

that the exclusive jurisdiction and venue described in Section 18.2 will

govern any action arising out of or related to these Terms.

18. Miscellaneous

18.1 General Terms. These Terms, together with the Privacy Policy and any

other agreements expressly incorporated by reference into these Terms,

are the entire and exclusive understanding and agreement between you

and Ballbutton regarding your use of the Service. You may not assign or

transfer these Terms or your rights under these Terms, in whole or in part,

by operation of law or otherwise, without our prior written consent. We

may assign these Terms at any time without notice or consent. The failure

to require performance of any provision will not affect our right to require

performance at any other time after that, nor will a waiver by us of any

breach or default of these Terms, or any provision of these Terms, be a

waiver of any subsequent breach or default or a waiver of the provision

itself. Use of section headers in these Terms is for convenience only and

will not have any impact on the interpretation of any provision. Throughout

these Terms the use of the word “including” means “including but not

limited to”. If any part of these Terms is held to be invalid or

unenforceable, the unenforceable part will be given effect to the greatest

extent possible, and the remaining parts will remain in full force and effect.

18.2 Governing Law. These Terms are governed by the laws of the State of

California without regard to conflict of law principles. You and Ballbutton

submit to the personal and exclusive jurisdiction of the state courts and

federal courts located within Los Angeles, California for resolution of any

lawsuit or court proceeding permitted under these Terms. We operate the

Service from our offices in California, and we make no representation that

the Service is appropriate or available for use in other locations.

18.3 Privacy Policy. Please read the Ballbutton Privacy Policy

[https://www.ballbutton.com/privacy] carefully for information relating to

our collection, use, storage, disclosure of your personal information. The

Ballbutton Privacy Policy is incorporated by this reference into, and made

a part of, these Terms.

18.4 Additional Terms. Your use of the Service is subject to all additional

terms, policies, rules, or guidelines applicable to the Service or certain

features of the Service that we may post on or link to from the Service (the

“Additional Terms”). All Additional Terms are incorporated by this

reference into, and made a part of, these Terms.

18.5 Consent to Electronic Communications. By using the Service, you

consent to receiving certain electronic communications from us as further

described in our Privacy Policy. Please read our Privacy Policy to learn

more about our electronic communications practices. You agree that any

notices, agreements, disclosures, or other communications that we send

to you electronically will satisfy any legal communication requirements,

including that those communications be in writing.

18.6 Contact Information. The Service is offered by Ballbutton, Inc., located at

11601 Wilshire blvd, suite 500, Los Angeles, CA 90025, USA. You may contact us

by sending correspondence to that address or by emailing us at

support@Ballbutton.com.

18.7 Notice to California Residents. If you are a California resident, under

California Civil Code Section 1789.3, you may contact the Complaint

Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite

S-202, Sacramento, California 95834, or by telephone at (800) 952-5210

in order to resolve a complaint regarding the Service or to receive further

information regarding use of the Service.

18.8 No Support. We are under no obligation to provide support for the

Service. In instances where we may offer support, the support will be

subject to published policies.

18.9 International Use. The Service is intended for visitors located within the

United States. We make no representation that the Service is appropriate

or available for use outside of the United States. Access to the Service

from countries or territories or by individuals where such access is illegal

is prohibited.

19. Notice Regarding Apple. This Section 19 only applies to the extent you are using

our mobile application on an iOS device. You acknowledge that these Terms are

between you and Ballbutton only, not with Apple Inc. (“Apple”), and Apple is not

responsible for the Service or the content thereof. Apple has no obligation to furnish

any maintenance and support services with respect to the Service. If the Service

fails to conform to any applicable warranty, you may notify Apple and Apple will

refund any applicable purchase price for the mobile application to you; and, to the

maximum extent permitted by applicable law, Apple has no other warranty

obligation with respect to the Service. Apple is not responsible for addressing any

claims by you or any third party relating to the Service or your possession and/or

use of the Service, including: (a) product liability claims; (b) any claim that the

Service fails to conform to any applicable legal or regulatory requirement; or

responsible for the investigation, defense, settlement and discharge of any third

party claim that the Service and/or your possession and use of the Service infringe

a third party’s intellectual property rights. You agree to comply with any applicable

third party terms when using the Service. Apple and Apple’s subsidiaries are third

party beneficiaries of these Terms, and upon your acceptance of these Terms,

Apple will have the right (and will be deemed to have accepted the right) to enforce

these Terms against you as a third party beneficiary of these Terms. You hereby

represent and warrant that: (i) you are not located in a country that is subject to a

U.S. Government embargo, or that has been designated by the U.S. Government

as a “terrorist supporting” country; and (ii) you are not listed on any U.S.

Government list of prohibited or restricted parties.

20. Google Maps. Google Maps presented to you through the Service are powered by

Google. Your use of Google Maps is subject to the Google Maps Terms of Service,

available online at https://www.google.com/intl/en-US_US/help/terms_maps.html, and

https://www.google.com/intl/ALL/policies/privacy/index.html, and by using the Service, you are

agreeing to be bound by such terms.