TERMS OF SERVICE

Last Updated: December 2024

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Big League Advance, LLC d/b/a Big League Advantage (“Company” or “we” or “us”) concerning your use of (including any access to) the Big League Advantage site currently located at bigleagueadvantage.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”) and any information or materials that you submit to the Site (“Submissions”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.

By using the Site, you affirm that you are of legal age to enter into this Agreement.

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 14 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

About the Site. The Site is made available for general information purposes only. Neither the Site, nor the content or Submissions made available through the Site, constitute investment advice, recommendation or an offer by the Company to buy or sell any security. None of the content on this Site relates to the provision or offering of any investment product or investment advisory services. The availability of the Site is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use of the Site.

Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge for use the Site; or offer opportunities to some or all Site users.
Information Submitted Through the Site. Your Submissions are governed by Company’s Privacy Policy located at https://bigleagueadvantage.com/privacy-and-terms/ (the “Privacy Policy”). You represent and warrant that any Submission you make is and will remain accurate and complete, and that you will maintain and update such information as needed.
Jurisdictional Issues. The Site is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Rules of Conduct. In connection with the Site, you must not: (a) post, transmit or otherwise make available through or in connection with the Site (i) any materials that may be defamatory, libelous, fraudulent, tortious, or otherwise objectionable, or intended to encourage or facilitate, or that constitute, investing or trading on or through the Site, including making any offer, sale or purchase of any security or other financial instrument, or (ii) any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (b) use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful; (c) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks; (d) restrict or inhibit any other person from using the Site; (e) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent; (f) reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; (g) remove any copyright, trademark or other proprietary rights notice from the Site; (h) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent; (i) systematically download and store Site content; (j) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
License. For purposes of clarity, you retain ownership of any Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, and sublicensable license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place Company under any fiduciary or other obligation.
Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
Company’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include BIG LEAGUE ADVANTAGE AND BIG LEAGUE ADVANCE and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; (b) the Site and any Third Party Materials are provided for informational purposes only, and the Site is not intended for investing purposes; and (c) Company disclaims all warranties with respect to the Site and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
Investment Disclaimers. This Site is for general informational purposes only. Under no circumstances should any information presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated. This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by the Company or any of its affiliates. The investments are subject to investment risks, including the loss of the principal amount invested. We make no representation that any athlete featured or referenced on this Site is a BLA Athlete or represents a profitable investment made by BLA.
Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; and (b) the maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be fifty U.S. dollars ($50.00).
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of the Site; and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, for any reason. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. All disputes arising out of or related to this agreement or the site, or any aspect of the relationship between you and company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that company and you are each waiving the right to trial by a jury. you agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://www.adr.org/Rules. Any in-person appearances will be held in Kent County, Delaware. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Business Continuity Plan: The Company has adopted a business continuity plan (the “Plan”) to address how the Company will continue business operations in the event of unexpected events, such as natural disasters. The Plan includes contact information and steps to be taken with respect to temporary office location, critical systems, data recovery, client accounts and alternative means of communication with clients, regulators and employees. Please email info@bigleagueadv.com to request a copy of the Plan.
Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

BIG LEAGUE ADVANTAGE – GENERAL PRIVACY POLICY

Last Updated: December 2024

This Privacy Policy describes how Big League Advance, Inc. d/b/a Big League Advantage (“Company,” “we,” or “us”) collects, uses, and discloses information about you. This Privacy Policy applies to information we collect when you access or use our mobile applications and website currently located at www.bigleagueadvantage.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”), or when you otherwise interact with us, such as through our online customer support channels or on social media pages. We may provide different or additional notices of our privacy practices with respect to certain products or services, in which case this Privacy Policy will not apply. This Privacy Policy does not apply to any investment fund managed or operated by BLA.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We may also provide you with additional notice (such as by adding a statement to the Site or sending you a notification), such as in connection with making material changes to this Privacy Policy. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information

Use of Information

Disclosure of Information

Analytics

Transfer of Information to the United States and Other Countries

Your Choices

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information directly from you when you fill out a form, communicate with us via third-party platforms, request customer support, or otherwise communicate with us. The types of information about you that we collect include your name, email address, phone number, and any other information you choose to provide.

Information We Collect Automatically

We automatically collect certain information about your interactions with us or our Site, including:

Device and Usage Information: We collect information about how you access our Site, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Site, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Site.
Information Collected by Cookies and Similar Tracking Technologies: We (and those who perform work for us) use tracking technologies, such as cookies and web beacons, to collect information about your interactions with the Site. Cookies are small data files stored on your hard drive or in device memory that help us improve our Site and your experience, see which areas and features of our Site are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Site and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the Your Choices section below.

USE OF INFORMATION

We use the information we collect to provide, update, and improve our Site and deliver our services to you. We also use the information we collect to:

Provide, maintain, improve, and develop new products and services, including to debug and repair errors in our Site;
Personalize your experience with us;
Send you technical notices, security alerts, support messages and other transactional or relationship messages;
Communicate with you about products, services, and events offered by Company and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
Monitor and analyze trends, usage, and activities in connection with our Site;
Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Company and others;
Comply with our legal and financial obligations;
Create de-identified, anonymized or aggregated information; and
Carry out any other purpose described to you at the time the information was collected.

DISCLOSURE OF INFORMATION

We disclose personal information in the following circumstances or as otherwise described in this Privacy Policy:

We disclose personal information with vendors, service providers, contractors and consultants that access personal information to perform work for us, such as companies that assist us with web hosting, fraud prevention, customer service, and marketing.
We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
We may disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Company, our users, the public, or others.
We disclose personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
We may disclose personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
Personal information is disclosed between and among Company and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you.

ANALYTICS

We engage others to provide analytics services. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Site and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by Company and others to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

Company is headquartered in the United States and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us, may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law.

YOUR CHOICES

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Site.

Communications Preferences

You may opt out of receiving text messages or promotional emails from Company by following the instructions in those communications or by contacting us at info@bigleagueadv.com. If you opt out, we may still send you non-promotional emails, such as those about our ongoing business relations.

Mobile Push Notifications

With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

If you have any questions about this Privacy Policy, please contact us at info@bigleagueadv.com.