FAN ENGAGE PRO

TERMS OF USE

Version 2.0 | Effective Date: May 23, 2026

THIS IS A CONTRACT

This Terms of Use is a legal contract between you, the user of this website ("you," "your" or "User"), and Fan Engage Pro LLC, a North Carolina limited liability company ("FEP" or "we" or "us"). This Agreement contains the terms and conditions that govern your use of www.fanengagepro.com, www.fanengagepro.net, and any subsequent URL which may replace them, and all associated websites, URLs, mobile applications and micro sites (together, the "Sites") and all of our services, software, technical, and communications platform(s) available on and through our websites and mobile applications or otherwise on all platforms (together, the "Services"). If you have entered into a subscription agreement contract with us, these Terms of Use supplement and are complementary to that contract, and if there is any conflict or discrepancy between these Terms of Use and your subscription contract, the terms of your subscription contract shall prevail.

All visitors to our Sites, whether registered or not, are "Users", and are agreeing to the terms and conditions of this Terms of Use (this "Agreement"), which includes our Privacy Policy.

BY USING THE SITES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITES OR SERVICES. WE RESERVE THE RIGHT, FROM TIME TO TIME, WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN ALWAYS BE FOUND VIA THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF THE SITES.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. IT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED BELOW. DISPUTES MAY ONLY BE RESOLVED THROUGH INDIVIDUAL ARBITRATION BETWEEN YOU AND FEP, NOT AS A CLASS OR REPRESENTATIVE ACTION.

AGE RESTRICTION

The Services are intended for people 18 years of age or older. You may not register or use the Services unless you are at least 18 years old. We expressly disclaim and release FEP from any liability whatsoever for any controversies, claims, suits, losses, penalties, or damages arising from or related to misrepresentations regarding age. We reserve the right to terminate the account of any user who we believe is under 18 years of age.

RULES FOR INTERPRETATION

To help ensure that this Agreement is interpreted consistently, the following few rules of construction apply exclusively and to the extent not limited by applicable law or otherwise required by a heading above: (i) singular and plural words are interchangeable; (ii) words importing one gender include all genders; references to a "person" or "persons" includes individuals, companies, corporations, bodies corporate, firms, partnerships, joint ventures, associations, organizations, trusts, states or government departments, local or municipal authorities, in each case whether or not having a separate legal identity, and any similar whole.

USER CONDUCT

You agree to the following: FEP reserves the right to cancel a user account or its access at any time, for any reason, including but not limited to: violation of applicable law, breach of this Agreement, force majeure events, your warrants or refusal to provide current information when prompted during the registration process. You must keep your information current at all times. You must keep your login credentials private, unique, and must not make them public or disclose them to any third party. You must notify FEP immediately if you become aware of any unauthorized access to your account that has caused or may cause loss of data, currency, messages, or other files.

You may post, upload, or share original material (except as permitted by the owner) that does not infringe any copyright, trademark, or third-party rights. You are responsible for any content you post.

PROHIBITED CONTENT

You agree not to post, upload, share, or otherwise distribute content or use language that is:

(a) hateful, threatening, pornographic, obscene, abusive, harassing, racially or ethnically offensive, libelous, or defamatory;

(b) promoting discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

(c) promoting illegal activity, violence, or self-harm;

(d) promoting alcohol, tobacco, unlicensed firearms, ammunition, explosives, or nicotine products for illegal purposes;

(e) encouraging others to submit content that violates this Agreement.

You agree not to engage in fraudulent or deceptive activities, coerce or restrict anyone's use or enjoyment of the Sites, hack or adapt source code without written permission, use high-volume automated bots, spiders, or crawlers, or send unsolicited advertising, junk mail, spam, or chain letters.

You must comply with all applicable laws and regulations in your jurisdiction, including cookie and tracking technology guidelines.

EXPLICIT CONTENT AND LANGUAGE -- NEW IN VERSION 2.0

Users may not post, upload, share, or otherwise distribute any content on the Sites or through the Services that contains explicit sexual content, nudity, graphic violence, or obscene material of any kind. Users may not use explicit, profane, vulgar, or sexually explicit language in any communications, posts, comments, or interactions on the platform, including but not limited to direct messages, community posts, and fan interactions.

Fan Engage Pro LLC reserves the right, in its sole discretion, to remove any content that violates this policy and to immediately suspend or permanently terminate the account of any User who posts explicit content or uses explicit language, without prior notice, without refund of any fees paid, and without liability to the User.

USER CONTENT LICENSE

By posting or sharing content on the Sites or through the Services, you grant FEP a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform such content in connection with the operation of the Sites and Services. FEP does not assume any obligation to monitor user-generated content and is not responsible for any content posted by users.

SMS MESSAGING

By providing your mobile number and participating in SMS messaging programs offered through the Services, you consent to receive text messages (including Short Message Service (SMS) and Rich Communication Services (RCS) messages) from FEP and its partners via automated telephone dialing system technology, as more fully set forth herein. Enrollment confirms your number and consent. You may stop receiving messages at any time by texting STOP to the applicable short code or long code. Standard carrier message and data rates may apply. To avoid messages during quiet hours, refrain from texting after 9:00 PM local time. Text HELP for assistance.

PAYMENTS, CHARGES, AND COSTS

ALL FEES ARE NONREFUNDABLE AND WILL TAKE EFFECT ON THE DATE PROVIDED. UNUSED PORTIONS OF ANY SUBSCRIPTION PERIOD ARE NOT REFUNDED. Pricing may change periodically. Your subscription renews on a monthly or annual basis on the first day of each applicable renewal period. Payment is managed by our billing team. Interruptions or errors in billing do not constitute a waiver of amounts owed.

ARTIFICIAL INTELLIGENCE FEATURES

The Services may include artificial intelligence, generative AI, and machine learning features and tools ("AI Model"). While FEP endeavors to optimize inputs and outputs, you acknowledge that AI-generated content may not always be accurate, complete, or appropriate. FEP does not warrant the accuracy or reliability of any AI-generated content and is not liable for any decisions made in reliance thereon. AI models evolve and may change in future versions of the Services.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AT YOUR SOLE RISK. FEP AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FEP DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FEP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL FEP'S AGGREGATE LIABILITY EXCEED THE GREATER OF: (1) THE AMOUNT AWARDED IN THE LAST TWELVE (12) MONTHS FOR SERVICES PAID BY YOU TO FEP; OR (2) ONE HUNDRED DOLLARS ($100.00). ATTORNEYS' FEES ARE PROHIBITED FROM BEING MULTIPLIED OR INCREASED.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FEP and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, trademark, or privacy right; or (d) any claim that your content caused damage to a third party.

COPYRIGHT / DMCA

FEP respects intellectual property rights. If you believe that any content on the Sites infringes your copyright, please send a notice to our designated copyright agent at bhamilton@joneskeller.com with the following information: a description of the copyrighted work; identification of the infringing material and its location on the Sites; your contact information; a statement of good faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

FEP is subject to the federal Online Copyright Infringement Liability Limitation Act (17 U.S.C. Section 512) and will respond to valid DMCA notices in accordance with applicable law.

ANALYTICS

We use third-party analytics services, including Google Analytics, to track and analyze usage of the Sites. For information on how Google Analytics collects and processes data, please visit: https://policies.google.com/privacy.

TRADEMARKS

FAN ENGAGE PRO and related marks are trademarks of Fan Engage Pro LLC. All other trademarks appearing on the Sites are the property of their respective owners. Nothing in this Agreement grants you any right to use FEP's trademarks, trade names, service marks, or logos.

BINDING ARBITRATION AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

In the event of a dispute between you and FEP, both parties agree to attempt to resolve the dispute informally for a period of sixty (60) days before initiating arbitration. If the dispute is not resolved within that period, it shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules. The arbitration shall be conducted by a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

YOU AND FEP 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.

Any claim must be filed within one (1) year after the cause of action accrues or it shall be forever barred.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and FEP with respect to your use of the Sites and Services. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. FEP's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

CONTACT

If you have any questions about this Agreement, please contact us at:

Fan Engage Pro LLC

www.fanengagepro.com | www.fanengagepro.net

bhamilton@joneskeller.com

Fan Engage Pro Terms of Use -- Version 2.0 -- Effective May 23, 2026