Sports Brain Terms of Service

TERMS OF SERVICE

SPORTSBRAIN GLOBAL

These terms and conditions (the “Terms and Conditions”) govern the use of www.sportsbrainglobal.com (the “Site”). This Site is owned and operated by SportsBrain Global. This Site is a coaching and consulting company.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

INTELLECTUAL PROPERTY

All content published and made available on our Site is the property of SportsBrain Global and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

AGE RESTRICTIONS

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

ACCEPTABLE USE

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

- Harass or mistreat other users of our Site;

- Violate the rights of other users of our Site;

- Violate the intellectual property rights of the Site owners or any third party to the Site;

- Hack into the account of another user of the Site;

- Act in any way that could be considered fraudulent;

- Post any material that may be deemed inappropriate or offensive;

- Impersonating or attempting to impersonate (SBG) in any way;

- Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform;

- Engaging in any conduct that would may, as determined by SportsBrain Global, harm Platform users or SportsBrain Global, or expose either to liability;

- Use of the Membership in any manner that could disable, overburden, damage, or impair the Membership or interfere with any other party’s use of the Platform, including their ability to engage in real time;

- Use of the Membership to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

- Use of the Membership in any manner that could disable, overburden, damage, or impair the Membership or interfere with any other party’s use of the Membership, including their ability to engage in real time;

- Use of any robot, spider or other automatic device, process or means to access the Membership for any purpose, including monitoring or copying any of the material in the Membership;

- Use of any manual process to monitor or copy any of the material in the Membership or for any other unauthorized purpose without SportsBrain Global’s prior written consent;

- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.; or

- Otherwise attempting to interfere with the proper working of the Membership. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

USER CONTRIBUTIONS

Users may post the following information on our Site:

- Photos;

- Videos; and

- Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms of Service.

User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Legal Terms.

- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Legal Terms.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

- Your Contributions do not violate the privacy or publicity rights of any third party.

- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Site or be part of the Membership.

ACCOUNTS

When you create an account in our Membership, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms of Service.

SALE OF GOODS AND SERVICES

These Terms of Service govern the sale of goods and services available on our Site. The following goods are available on our Site:

- Membership GEN MEM and PLATINUM;

- Coaching;

- Online courses;

- Digital publications;

- Digital products;

The following services are available on our Site:

- Coaching (small group and 1:1).

The services will be paid for in full when the services are ordered. These Terms of Services apply to all the goods and services that are displayed in our Membership at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot

guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

THIRD PARTY GOOD AND SERVICES

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

SUBSCRIPTIONS

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

To cancel your subscription, please follow these steps: 1-Email us at [email protected] and 2-ask to cancel your membership. The membership will be in effect until the next billing cycle.

PAYMENTS

We accept the following payment methods on our Site:

- Credit Card; and

- PayPal.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms of Service, we reserve the right to cancel or reverse your transaction.

REFUNDS

Refunds for Goods

All products sold on our Site are non-refundable.

Refunds for Services

All sales are final and no refunds will be issued.

CONSUMER PROTECTION LAW

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.

LINKS TO OTHER WEBSITES

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

LIMITATION OF LIABILITY

SportsBrain Global and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

INDEMNITY

Except where prohibited by law, by using this Membership you indemnify and hold harmless SportsBrain Global and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of

your use of our Membership or your violation of these Terms of Service.

APPLICABLE LAW

These Terms of Service are governed by the laws of the State of Texas.

DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms of Service, if you and SportsBrain Global are unable to resolve any dispute through informal discussion, then you and SportsBrain Global agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and SportsBrain Global.

Notwithstanding any other provision in these Terms of Service, you and SportsBrain Global agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

SEVERABILTY

If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.

CHANGES

These Terms of Services may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms of Service or

post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(469) 476 2141

[email protected]

1775 State Highway 26, #2132, Grapevine, TX 76051

You can also contact us through the feedback form available in our Membership.

Effective Date: 11th day of July, 2024