LeaguePals Terms of Service
TERMS OF SERVICE
Updated: November 16, 2023
Welcome to LeaguePals! This Terms of Service (“Agreement”) constitutes a valid and binding agreement between LeaguePals Inc., (together with its affiliates, successors and assigns “LeaguePals,” “we,” “our,” or “us”) and any visitors, users, and others who access our Services (“User,” “you,” or “your”). This Agreement explains the terms by which you may use our online and/or mobile services, application, website, and/or software (collectively the “Services” ).
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services. LeaguePals may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the last modified date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18), an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into this Agreement. If you are under 13 years of age, additional restrictions apply (as provided herein) to be eligible to use the Services. In certain instances, LeaguePals may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof.
1. Use of Our Services
a. This Agreement governs your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and LeaguePals, and you agree to be bound by all terms and conditions herein. LeaguePals’ acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
b. Immediately upon joining LeaguePals, users join a membership with distinct benefits including access to a variety of administrative features, including game information and results, dashboards, message boards, virtual wallet or online payment and the secure storage of funds for leagues (“League”). Through the Services, Users can view all of their League financial transactions. LeaguePals offers a variety of automated mechanisms that help Leagues safeguard their funds in ways traditional methods cannot. LeaguePals also automates the process of sending payment reminders to Users who have a pending payment request. Users are able to register as a Center Admin, League Admin or Player.
c. Leagues are not operated or administered by LeaguePals or under the Services defined above. Users shall contact the League Admins and/or Center Admins for all league rules, prize funds, payouts and any and all League related information. d. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
e. LeaguePals will use commercially reasonable efforts to make the Services available pursuant to this Agreement except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. LeaguePals reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.
a. Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable, personal license to use the Services as permitted by the features of the Services. LeaguePals reserves all rights not expressly granted herein in the Services and the LeaguePals Content (as defined below). LeaguePals may terminate this license at any time for any reason or no reason.
b. You acknowledge and agree that the Services are licensed solely for your own personal use and you may not use the Services for any other purposes, without prior written authorization from LeaguePals. You agree to not: (a) grant access to any third party for any purpose whatsoever without the prior written consent of LeaguePals; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) rent, sell, sublicense, lease, permit, transfer, copy, reverse engineer (except to the extent that such restriction is expressly prohibited by law), decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; I remove any proprietary notices from the software of elsewhere on the Services; (f) use the Services to provide time sharing or similar services for any third party; or (g) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by us. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. LeaguePals reserves all rights not expressly granted under this Agreement
c. Any third-party code that may be incorporated in the Services is covered by the applicable open source or third-party license, if any, authorizing use of such code. d. You acknowledge that LeaguePals may from time-to-time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
a. In order to use the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. LeaguePals reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. Once you create an Account, LeaguePals may verify your identity before you may access and/or use the Services. By setting up an Account and providing your information, you agree to allow LeaguePals to make inquiries reasonably necessary to validate your identity. Such verification may be handled by direct contact with Users, or via third parties.
b. In order to be eligible to use LeaguePals services, Users must be at least 18 years of age, and be a resident of the United States. For Users under the age of 18 years of age, Users must have permission for a parent or guardian to use LeaguePals. Users may use LeaguePals for the purposes outlined in these Terms.
c. Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users (i.e. Center Admins, League Admins or Players). If you open a LeaguePals Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
d. You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify LeaguePals immediately of any breach of security or unauthorized use of your account. LeaguePals will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
e. You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, and as part of the Services, you may receive emails or SMS texts to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use emails or SMS texts to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
4. Services Rules
a. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) penetration testing the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
b. You may not use the Services for any purposes other than those specifically permitted or allowed through the Services. You may not use the Services for the following restricted activities: i. As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006; ii. As an aid to offline gambling; iii. As part of a sale of goods or services.
c. League Admins and Center Admins specifically acknowledge and agree, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, that: i. All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants. ii. All winning outcomes are determined predominantly by accumulated statistical results of the performance of teams. iii. No winning outcome is based 1. on the point spread; 2. solely on any single performance of an individual athlete in any single real-world sporting or other event.
5. User Content
a. The Services may contain social media features and access for Users to promote and discuss their Leagues and play, including, but not limited to, bulletin board services, chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities.
b. You are solely responsible for any and all User Content which you submit, make available, or publicize through the Services. You represent and warrant that all of your User Content is accurate and not misleading and is not in violation of any third-party rights. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your User Content. Other than your personal information, your User Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your User Content. “User Content” means all information, photos, documents, messages, queries, and any other text, content, or data that a User submits, makes available or uploads to the Services or otherwise provides to us for use with the Services, including feedback on the services and/or other Users.
c. You will not use the Services to upload, download, display, perform, transmit, or distribute any User Content that is, nor will you engage in any activities that are deceptive, abusive, threatening, tortious, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You further agree that you will not submit any User Content that contains Prohibited Materials. “Prohibited Materials” means, as determined in our sole discretion, (i) pornography or sexually explicit content, (ii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iii) materials promoting illegal activities; (iv) profane or obscene language, (v) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights), (vi) defamatory, libelous, obscene, offensive or harmful material, (vii) materials that violate any applicable laws, or our written policies and procedures, and (viii) materials that otherwise violate this Agreement.
d. Any information or User Content that you obtain or receive through the Services is for informational purposes only. We make no representation as to the completeness, accuracy or correctness of any information within the Services.
e. You must evaluate, and will bear all risks associated with, the use of or reliance on User Content obtained through the Services. We are under no obligation to review any User Content (including any messages) posted on or sent through the Services; we will not pre-screen or actively review User Content but we may refuse or delete any User Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of this Agreement, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services, including without limitation your posting of or visits to games, is solely your responsibility. LeaguePals is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable. We will have no obligation or liability to you to maintain, store, or license any User Content.
f. You acknowledge and agree that User feedback benefits the efficiency of the Services, and you specifically request that LeaguePals post such feedback about Users, including yourself. You further acknowledge and agree that LeaguePals will make such content available to other Users.
g. User’s Content may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. We reserve the right at all times to remove or refuse distribution of any User Content. Certain User Content (excluding any personal or Confidential Information) transmitted to certain parts of the Services, may be posted in public areas on the Services, including without limitation in a compilation format, and as such will be publicly visible and accessible.
a. If you are under the age of 18, you must get permission from a parent or guardian before you register and use the Services. You should review these Terms with them to make sure that you and your parent or guardian understand them. In addition, you must obtain permission from your parent or guardian any time payments are made through LeaguePals. Your parent or guardian may revoke their consent for you to use the Services at any time. We will disable your access to the Services if your parent has expressly refused or revoked their consent for you to use them. If your parent or guardian refused or revokes their consent, you may not use or continue to use your Account, create another Account or access or use the Services by any other means unless your parent or guardian provides their consent again or until you are 18 or older. We may withdraw or terminate your access to the Services for any other reason at our sole discretion.
c. What we do not do: i. We do not make your child’s access or participation conditional upon your child disclosing more personal information than is reasonably necessary for them to enjoy the Services. ii. We do not give out or display any information we collect about your child on LeaguePals.com or any other website. iii. We do not allow Users to send direct messages to each other through the Services. iv. We do not send any marketing messages to your child if they are under the age of 16. We will only send marketing messages to Users under 18 but over 16 if they have opted-in and have told us that they have obtained your permission. v. Credit card or other payment information will only be maintained by our Payment Processor if your child is over 16, otherwise payment information must be entered each time weekly dues are paid for. If you prefer to have an Account where payment information is saved by our Payment Processor for easier payment, please open an Account for yourself in order to manage your child’s payments and leagues.
7. Proprietary Rights
a. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “LeaguePals Content”), and all intellectual property rights related thereto, are the exclusive property of LeaguePals and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any LeaguePals Content. Use of the LeaguePals Content for any purpose not expressly permitted by this Agreement is strictly prohibited. This Agreement does not provide you with title or ownership of any Services or LeaguePals Content, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and LeaguePals does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights.
b. LeaguePals does not claim any ownership of the User Content submitted, posted, or displayed through the Services. You retain any and all ownership rights to the User Content that you submit and are responsible for protecting those rights. With respect to any User Content you submit or make available through the Services (other than personal or Confidential Information), you grant to LeaguePals a perpetual, irrevocable, nonterminable, worldwide, royalty-free, non-exclusive, sub-licensable, right and license to use, copy, modify, create derivative works from, display and distribute, via any present or future medium, your User Content in order to provide the Services.
a. Certain aspects of the Services may be provided for a set fee, monthly or annual subscription, or other charge (“Fees”). You agree to the pricing and payment terms as we may update them from time to time. LeaguePals may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or at the end of your current subscription. LeaguePals will provide you with prior notice of any change in Fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.
b. All Fees due from you to LeaguePals shall be paid in advance. LeaguePals offers three league payment options: credit/debit card, bank payment, and cash payment. All payment options will be associated with a transaction fee, which is calculated as (number of weeks paid for multiplied by the weekly transaction fee) = transaction fee. Users will be informed of the weekly transaction fee when payments are processed. The originating League User (“League Admin”) will choose which payment setting will be available for all League Users.
c. Please note that any payment terms presented to you in the process of using or signing up for Services are deemed part of this Agreement. LeaguePals uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. LeaguePals reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize LeaguePals to withhold any monies and/or debit any monies from any account that you have identified to LeaguePals for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to LeaguePals.
d. You may cancel your Account at any time. However, you acknowledge and agree that there shall be no refunds under this Agreement for any reason. You are responsible for paying any balance or cancellation penalties due under your League rules, and LeaguePals will not be responsible for any deficiencies in League dues as a result of your cancellation. In addition, any prizes won through participation in a League may be discounted to reflect outstanding dues balances that are a result of your cancellation or a cancellation on the part of another User associated with your team. In the event that LeaguePals suspends or terminates your Account, or this Agreement, for any reason or no reason, you understand and agree that you shall receive no refund or exchange for any Trophies, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Account, or for anything else.
e. When using the Services, you may accumulate fictional property ("Trophies") related to the Services that reside as data on Leaguepals' servers. Notwithstanding any value attributed to such Trophies by you or any third party, you understand and agree that these Trophies, and any other data, Account history, Account content and User Content residing on Leaguepals' servers, may be deleted, altered, moved or transferred at any time for any reason in Leaguepals' sole discretion. Leaguepals does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any such Trophies or other data residing on Leaguepals' servers.
f. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases. In the event that any amount payable by you to LeaguePals is subject to Taxes, LeaguePals may collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which LeaguePals is entitled. You will reimburse and indemnify LeaguePals for any Taxes, interest, and penalties that LeaguePals may be compelled to pay on account of your nonpayment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to LeaguePals is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by LeaguePals; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which LeaguePals is entitled under the Agreement. You will indemnify and hold LeaguePals harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.
g. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
a. LeaguePals cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services and content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure by our personnel. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. Third-Party Links and Information
12. Representations and Warranties
a. You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you will use the Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you own or have sufficient rights in and to the User Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such content to LeaguePals, that any use by LeaguePals of such User Content as contemplated in this Agreement will not infringe on the rights of any third party or violate any applicable laws or regulations, and that such content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.
b. You further represent and warrant that you will not share your log-in ID or password or any of the information contained within the Services with any third party whatsoever without the explicit written permission of LeaguePals. For the purpose of clarity, this includes providing access to, or allowing, third parties to log-in through your account, as well as copying and sharing reports and/or contact's emails, names or phone numbers, with any other individual, business, marketing or survey company. You agree that you alone will be responsible for paying LeaguePals and other related parties, any damages, losses, penalties and costs whatsoever related to a breach by you of this section.
a. You acknowledge that Leagues are not operated or administered by LeaguePals or operated under the Services. You agree to defend, indemnify and hold harmless LeaguePals and its subsidiaries, agents, officers, directors, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from or related to: (i) your use of and access to the Services, including any User Content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any applicable law, rule or regulation; (iv) your use of the Services to meet another User in-person or to locate and/or visit any offline place or event; (v) any other party's access and/or use of the Services with your unique username, password or other appropriate security code; or (vi) bodily injury, wrongful death, loss of services, property damage, and/or any other reason, which may arise out of your use of the Services and/or any activities, games, and/or other events in which you participate that in any way arise from, are found through, or are otherwise coordinated through your use of the Services.
14. No Warranty
a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEAGUEPALS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHERMORE, AND WITHOUT LIMITATION, LEAGUEPALS DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
b. LEAGUEPALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LEAGUEPALS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.
c. PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. LEAGUEPALS AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING LEAGUEPALS OR PARTICIPATING IN ACTIVITIES ORGANIZED USING LEAGUEPALS. LEAGUEPALS AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE LEAGUEPALS ACTIVITIES ARE PLAYED. USERS WHO PARTICIPATE IN LEAGUEPAL’S ACTIVITIES DO SO AT THEIR OWN RISK
d. LEAGUEPALS MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. LEAGUEPALS ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. LEAGUEPALS DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT, COMMUNICATIONS, ACCOUNT INFORMATION, ORPERSONAL SETTINGS. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT LEAGUEPALS AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
e. YOU AGREE THAT LEAGUEPALS HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF LEAGUEPALS WITH REGARD TO SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT SIGNED BY BOTH PARTIES.
f. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
a. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER AS CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF LEAGUEPALS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAGUEPALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE FEES AND OTHER CHARGES WHICH LEAGUEPALS IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LEAGUEPALS OF THE RISK OF YOUR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEAGUEPALS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
a. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and the State of New Jersey as it applies to a contract made and to be performed in such state. You consent and agree that the state and federal courts of Passaic County, New Jersey shall have personal jurisdiction over you, as well as subject matter jurisdiction with respect to any provision of this Agreement, and shall be the exclusive forums for any litigation arising out of or relating to this Agreement, subject to section b below. You also agree to and hereby waive your rights to a trial by jury and agree to accept service of process by mail.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEAGUEPALS. For any dispute with LeaguePals, you agree to first contact us at hello@LeaguePals.com and attempt to resolve the dispute with us informally. In the unlikely event that LeaguePals has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the American Arbitration Association (“AAA”), except as provided herein. The arbitration will be conducted in Passaic County, New Jersey, unless you and LeaguePals agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LeaguePals from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LEAGUEPALS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. d. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
17. DMCA Notice
a. We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information: i. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. ii. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. iii. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. iv. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
b. Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to hello@LeaguePals.com.
b. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LeaguePals, but may be assigned by LeaguePals without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Notification Procedures. LeaguePals may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by LeaguePals in our sole discretion. LeaguePals reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. LeaguePals is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
d. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
f. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LeaguePals’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
g. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
h. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement. Each capitalized term used in this Agreement (including any schedule or exhibit of this Agreement) shall have the meaning attributed to it in any part of this Agreement (including any such schedules or exhibits).
i. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination.