Description of USFL Services and Acceptance of Terms of Use Including
Arbitration of Disputes.
USFL Enterprises, LLC ("USFL," "our," "we" or "us") has developed this
Terms of Use Agreement to describe the terms that govern your use of the
USFL Services (defined below). This Terms of Use Agreement, including
any future modifications (the "Agreement") governs your use of the
sports-related USFL website (the "USFL Site"), applications, music and
video services, community pages, message boards, messaging services,
mobile services, text messaging campaigns, sweepstakes and contests,
promotions, and any other features, content, promotions, games or
applications offered from time to time by USFL that link or otherwise
refer users to this Agreement (collectively, the "USFL Services"). USFL
is based in the United States and the USFL Services are hosted in the
United States.
USFL furnishes the USFL Site and other USFL Services for your personal
enjoyment and entertainment. By visiting the USFL Site (whether or not you
are a registered member) or using a USFL Service, you accept and agree to
be bound by this Agreement and to abide by all Applicable Laws, rules and
regulations (collectively, "Applicable Law"). Please read through this
Agreement carefully. USFL may modify this Agreement at any time, and each
such modification will be effective upon posting on the USFL Site. All
material modifications will apply prospectively only. Your continued use
of the USFL Site or any other USFL Services following any modification of
this Agreement constitutes your acceptance of and agreement to be bound by
the Agreement as modified. It is therefore important that you review this
Agreement regularly. If you do not agree to be bound by this Agreement and
to abide by all Applicable Law, you must discontinue use of all USFL
Services immediately.
Your access to and use of certain USFL Services may require you to accept
additional terms and conditions applicable to such USFL Services, in
addition to this Agreement, and may require you to download software or
Content (as defined below). In the event of a conflict between any such
additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT"
SECTION BELOW CONTAINS PROVISIONS THAT
REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND
COMPANY UNDER THIS AGREEMENT BE RESOLVED IN BINDING ARBITRATION, AND NOT
IN COURT AND (ii) YOU AND USFL WAIVE THE RIGHT TO BRING OR PARTICIPATE IN
A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK
HERE TO REVIEW THE ARBITRATION
AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO
BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Registration and Security
Use of the USFL Services is limited to users 13 years of age and older.
Some USFL Services require you to create an account (including setting up
a USFL credential and password) to participate in or to secure additional
USFL Services, such as viewing and commenting on USFL Content (defined
below), purchasing USFL Site Products, creating a USFL Site profile and
signing up for specific USFL Site newsletters. You take full
responsibility for your participation on USFL. As a condition of using
certain features of USFL, you may be required to register on USFL and/or
select a username and password. All registration information you submit
directly to us or through a Third-Party Service (defined below) to create
an account must be accurate and must be kept updated by you. Your failure
to do so will constitute a breach of the Agreement, which may result in
immediate termination of your account. You may not (i) select or use as a
username a name of another person with the intent to impersonate that
person; or (ii) use as a username a name subject to any rights of another
person without appropriate authorization. USFL reserves the right to
refuse registration of, or cancel, a username, in its sole discretion. It
is your responsibility to notify us of any changes in such information,
including, but not limited to your contact information.
You are responsible for maintaining the confidentiality of all your
passwords and are responsible for all use of your account. It is therefore
critical that you do not share your account information with anyone. You
may be held liable for losses incurred by USFL, USFL Affiliates (defined
below) or any other USFL user or visitor in the event someone else uses
your account as a result of your failure to keep your account information
secure and confidential and you agree to indemnify USFL and all USFL
Affiliates from any third-party claims arising from such actions. You
agree not to use the account, username, email address or password of
another member or subscriber at any time and not to allow any other person
to use your account. You agree to notify USFL immediately if you suspect
any unauthorized use of, or access to, your account or password. USFL
shall retain the right to change your username, but no obligation, for any
reason, including, without limitation, if the username you have selected
violates this Agreement. USFL shall also retain the right, but no
obligation, to review any profile pictures provided by you.
Access
The USFL Site is intended solely for your personal and non-commercial use.
USFL may change, suspend or discontinue the USFL Site (or any feature
thereof) at any time. USFL may also impose limits on certain features and
services offered on the USFL Site or restrict your access to parts or all
of the USFL Site without notice or liability. You acknowledge that from
time to time the USFL Site may be inaccessible or inoperable for any
reason, including, without limitation: (i) equipment malfunctions; (ii)
periodic maintenance procedures or repairs which USFL may undertake from
time to time; or (iii) causes beyond the control of USFL or which are not
reasonably foreseeable by USFL.
Termination
Unless terminated by USFL in its sole discretion, this Agreement remains
in full force and effect while you use the USFL Services. You may
terminate your account at any time, for any reason, in the following ways:
(i) to terminate your account please send an email to the applicable USFL
Site's feedback account listed on the Site, Subject: Terminate USFL
Account. Please list the specific USFL Site account you wish to terminate.
To terminate a specific USFL Site newsletter subscription please click the
unsubscribe link on the bottom of the USFL Site newsletter. USFL may
terminate your account, any subscription (both free and paid) and/or
access to all (or any portion of) the USFL Services at any time, for any
or no reason, with or without prior notice or any explanation, and shall
have no liability to you for such termination. Furthermore, even after
your account subscription and/or access to the USFL Services is terminated
by you or USFL, this Agreement will remain in full force and effect with
respect to your past and future use of the USFL Services. If we terminate
your user account, subscription and/or access to the USFL Services (or any
portion of the USFL Services) you may not create a new account, purchase a
new subscription or try to access the USFL Services without USFL's prior
written approval. You agree that your account and/or subscription is
non-transferable. Any rights to your account and/or the USFL Services
terminate upon your death.
Fees
You acknowledge that USFL reserves the right to charge a fee for any
portion of the USFL Services. USFL will provide you with advance notice of
any such fees, including any change in the amount of such fees, and a way
to cancel your account and/or subscription in the event you do not wish to
pay the modified fee. If you continue to use the USFL Services after the
applicable fee has been imposed or increased, you are expressly agreeing
to the subscription fee or increase thereto and you will be responsible
for paying such fee for the balance of your subscription service. You will
not be entitled to a refund of any unused portion of such fees or other
payments if USFL suspends or terminates your account, and/or access to an
USFL Site (or any portion of the USFL Site), due to your breach of this
Agreement or violation of Applicable Law, as determined by USFL, in its
sole discretion.
Purchasing USFL Services or Products
In connection with a purchase of any service, subscription (including any
premium subscription) or product on or in connection with the USFL Site or
other USFL Services (collectively, "USFL Site Products"), you may be
required to provide personal information, including your name, address,
telephone number, e-mail address, credit card and billing information
(collectively, "Personal Financial Information"), to an independent third
party selected by, but not affiliated with, USFL (the "Processor"). Where
the Processor is responsible for collecting, transmitting and/or
processing your Personal Financial Information and, in some instances, for
fulfilling your order, the collection, transmission and processing of your
Personal Financial Information and any and all payment obligations for
USFL Site Products shall be governed by the terms of use/service and
privacy policy(ies) of the Processor. If you make a purchase of a USFL
Site Product, you are warranting that you are authorized to make the
purchase using the form of payment that you provide to the Processor. You
must be 18 years of age or older to purchase a USFL Site Product.
USFL makes no warranty, and to the fullest extent provided by law, accepts
no liability for any loss or damages whatsoever, relating to or in
connection with your placement of an order for a USFL Site Product with
the Processor. USFL provides no refunds for, makes no warranty for, and
accepts no liability regarding your purchase of a USFL Site Product. You
are solely responsible for any and all transactions utilizing your
Personal Financial Information, including, but not limited to, any and all
charges. You acknowledge and agree that, to the fullest extent permitted
by law, in the event Processor experiences a data breach that affects your
information, USFL will in no way be responsible or liable to you for any
such breach.
The USFL is under no obligation to store any records related to purchases
or other transactions you make through the USFL Services. You should
therefore maintain records of all your transactions. If you have any
questions regarding your transactions or believe that there is an error or
unauthorized transaction or activity associated with transactions
utilizing your information, you must contact the Processor.
Limited Content License
The USFL Services are offered for your personal use only and may not be
used for commercial purposes. The USFL Services contain information, text,
files, images, video, sounds, musical works, works of authorship,
software, applications, product names, company names, trade names, logos,
designs, and any other materials or content (collectively, "Content") of
USFL, its licensors, or assignors ("USFL Content"), as well as Content
provided by users or other third parties. Content contained in the USFL
Services is protected by copyright, trademark, patent, trade secret and
other laws and, as between you and USFL, USFL, its licensors, or its
assignors, own and retain all rights in the USFL Content. USFL hereby
grants you a limited, revocable, non-sublicensable, nontransferable
license to access and display or perform the USFL Content (excluding any
software code) solely for your personal, non-commercial use in connection
with using the USFL Services. Except as provided in this Agreement, by
prior written consent of USFL, or as explicitly permitted on the USFL
Services, you may not copy, download, stream capture, reproduce,
duplicate, archive, upload, modify, translate, publish, broadcast,
transmit, retransmit, distribute, perform, display, sell, frame or
deep-link, link to, make available, or otherwise use any Content contained
in or through the USFL Services.
Except as explicitly and expressly permitted by the USFL or by the limited
license set forth above, you are strictly prohibited from creating works
or materials (including but not limited to fonts, icons, link buttons,
wallpaper, desktop themes, on-line postcards, montages, mash-ups and
similar videos, greeting cards and unlicensed merchandise) that derive
from or are based on the USFL Content. This prohibition applies regardless
of whether such derivative works or materials are sold, bartered or given
away. Also, you may not either directly or through the use of any device,
software, internet site, web-based service or other means remove, alter,
bypass, avoid, interfere with, or circumvent any copyright, trademark, or
other proprietary notice marked on the Content contained in the USFL
Services or any digital rights management mechanism, device, or other
content protection, copy control or access control measure associated with
the Content contained in the USFL Services including geo-filtering
mechanisms. Except as explicitly and expressly permitted by the USFL or as
necessary in order to make reference to the USFL, its products and
services in a purely descriptive capacity, you are expressly prohibited
from using any USFL Content in any manner. If you reference the USFL Site,
other USFL Services or USFL Content, as permitted above, you must not
represent in any way, expressly or by implication, that you have received
the endorsement, sponsorship or support of the USFL Site, USFL Services,
USFL or USFL brands, including its respective licensors, employees,
agents, directors, officers and/or shareholders.
You may not, without the USFL's written permission, "mirror" any Contents
contained on the USFL Site or any other server. You may not use the USFL
Site for any purpose that is unlawful or prohibited by the Agreement. You
may not use the USFL Site in any manner that could damage, disable,
overburden, or impair the USFL Site, or interfere with any other party's
use and enjoyment of the USFL Site. You may not attempt to gain
unauthorized access to the USFL Site through hacking, password mining or
any other means. USFL reserves the right, in its sole discretion, to
terminate your access to the USFL Site, or any portion thereof, at any
time, for any reason or for no reason at all, without prior notice or any
notice.
Restrictions on Use of USFL Services
USFL reserves the right to remove commercial Content in its sole
discretion. You understand that you are responsible for all User Content
that you post, upload, transmit, email or otherwise make available on,
through or in connection with the USFL Services. Additionally, you
acknowledge that you have no expectation of privacy in or confidentiality
with respect to your User Content. Accordingly, please choose carefully
the information that you post on, through or in connection with the USFL
Services. You understand that USFL does not control the User Content
posted by users via the USFL Services and, as such, you understand you may
be exposed to offensive, inaccurate or otherwise objectionable User
Content. USFL assumes no responsibility or liability for any User Content.
If you become aware of any misuse of USFL Services, please report this
immediately to the applicable USFL Site. Please click here for a complete
list of USFL Site contact information. USFL assumes no responsibility for
monitoring the USFL Services for inappropriate Content or conduct. If at
any time, USFL chooses in its sole discretion to monitor the USFL
Services, USFL nonetheless assumes no responsibility for Content other
than USFL Content, assumes no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of any user
or visitor.
You agree not to use the USFL Services to:
-
Post, upload or otherwise transmit or link to Content that is:
unlawful; threatening; abusive; obscene; vulgar; sexually explicit;
pornographic or inclusive of nudity; offensive; excessively violent;
invasive of another's privacy, publicity, contract or other rights;
tortious; false or misleading; defamatory; libelous; hateful; or
discriminatory;
-
Post, upload or otherwise transmit or link to Content that you do not
own or for which you do not hold the rights or have the authorization
or permission to disseminate;
-
Violate the rights of others including patent, trademark, trade
secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
-
Introduce or engage in activity that involves the use of viruses,
bots, worms, or any other computer code, files or programs that
interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment, or otherwise
permit the unauthorized use of or access to a computer or a computer
network;
-
Attempt to decipher, decompile, disassemble or reverse engineer any of
the software comprising the USFL Site or the USFL Services;
-
Interfere with, damage, disable, disrupt, impair, create an undue
burden on, or gain unauthorized access to the USFL Services, including
USFL's servers, networks or accounts;
-
Cover, remove, disable, block or obscure advertisements or other
portions of the USFL Services;
-
Delete or revise any information provided by or pertaining to any
other user of the USFL Services;
-
Use technology or any automated system such as scripts, spiders,
offline readers or bots in order to collect or disseminate usernames,
passwords, email addresses or other data from the USFL Services, or to
circumvent or modify any security technology or software that is part
of the USFL Services;
-
Send or cause to send (directly or indirectly) unsolicited bulk
messages or other unsolicited bulk communications of any kind through
the USFL Services. If you do so, you acknowledge you will have caused
substantial harm to USFL, but that the amount of harm would be
extremely difficult to measure. As a reasonable estimation of such
harm, and by way of liquidated damages and not as a penalty, you agree
to pay USFL $50 for each actual or intended recipient of such
communication;
-
Solicit, collect or request any personal information for commercial or
unlawful purposes;
-
Post, upload or otherwise transmit an image or video of another person
without that person's consent;
-
Engage in commercial activity (including but not limited to
advertisements or solicitations of business; sales; contests;
sweepstakes; creating, recreating, distributing or advertising an
index of any significant portion of the USFL Content; or building a
business using the USFL Content) without USFL's prior written consent;
- Advertise or promote competing services; or
-
Attempt, facilitate, induce, aid and abet, or encourage others to do
any of the foregoing.
You will not (i) use technology or any other means that is not authorized
by the USFL Site to access, index, frame, or link to the USFL Site or USFL
Services (including the Content) (including by removing disabling,
bypassing, or circumventing any content protection or access control
mechanisms intended to prevent the unauthorized download, stream capture,
linking, framing, reproduction, access to, or distribution of USFL
Content) or (ii) access the USFL Site or USFL Services (including the
Content) through any automated means, including "robots," "spiders," or
"offline readers" (other than by individually performed searches on
publicly accessible search engines for the sole purpose of, and solely to
the extent necessary for, creating publicly available search indices – but
not caches or archives – of the USFL Site or other USFL Service and
excluding those search engines or indices that host, promote, or link
primarily to infringing or unauthorized content. In addition, you agree
you will not use the USFL Services in any manner inconsistent with any and
all Applicable Law.
USFL reserves the right, but disclaims any obligation or responsibility,
to remove User Content that violates this Agreement, as determined by
USFL, or for any other reason, in USFL's sole discretion and without
notice to you. You acknowledge that the USFL reserves the right to
investigate and take appropriate legal action against anyone who, in
USFL's sole discretion, violates this Agreement, including but not limited
to, terminating their user account and/or subscription and/or reporting
such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that USFL may access, preserve or
disclose information you provide to the USFL Site or other USFL Services
or that we have collected about you, including User Content and your
account registration information, including when USFL has a good faith
belief that such access, preservation or disclosure is necessary in order
to: (i) protect, enforce, or defend the legal rights, privacy, safety, or
property of USFL, our parents, subsidiaries or affiliates ("USFL
Affiliates"), or their employees, agents and contractors (including
enforcement of this Agreement or our other agreements); (ii) protect the
safety, privacy, and security of users of the USFL Services or members of
the public including in urgent circumstances; (iii) protect against fraud
or for risk management purposes; (iv) comply with the law or legal
process; or (v) respond to requests from public and government
authorities. If USFL sells all or part of its business or makes a sale or
transfer of its assets or is otherwise involved in a merger or transfer of
all or a material part of its business, USFL may transfer your information
to the party or parties involved in the transaction as part of that
transaction.
USFL reserves the right to limit the storage capacity of User Content. You
assume full responsibility for maintaining backup copies of your User
Content, and USFL assumes no responsibility for any loss of your User
Content due to its being removed by USFL or for any other reason.
Message Boards and Forums
USFL may offer users the ability to post messages on message boards and
forums (collectively, "Forums"), which may be open to the public
generally, to all users of the USFL Services, or to a select group of
users. You acknowledge that all Content posted on Forums is User Content,
and by posting on Forums you agree to comply with the rules and
restrictions on User Content set forth above and any other rules
specifically applicable to such Forums. USFL reserves the right, but
disclaims any obligation or responsibility, to prevent you from posting
User Content to any Forum and to restrict or remove your User Content from
a Forum or refuse to include your User Content in a Forum for any reason
at any time, in USFL's sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and USFL
cannot guarantee the security of any information you disclose through any
Forum; you make such disclosures at your own risk. USFL is not responsible
for the content or accuracy of any information posted on a Forum and shall
not be responsible for any decisions made based on such information. We
ask that you do not disclose any personal or sensitive information on or
through the USFL Services, including, without limitation, in the Forums.
Your Proprietary Rights in and License to Your User Content
USFL does not claim any ownership rights in the User Content that you
post, upload, email, transmit, or otherwise make available (collectively,
"Transmit") on, through or in connection with the USFL Services, except
with respect to your unsolicited submissions, as described under
"Unsolicited Submissions" below; provided, however, that User Content
shall not include any USFL Content or content owned or controlled by a
USFL Affiliate. By posting or Transmitting any User Content on, through or
in connection with the USFL Services, you hereby grant to USFL and USFL
Affiliates, licensees, assignees, and authorized users a worldwide,
perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely
sublicensable, transferable (in whole or in part) right (including any
moral rights) and license to use, modify, excerpt, adapt, publish,
translate, create derivative works and compilations based upon, publicly
perform, publicly display, broadcast, reproduce, sublicense, and
distribute such User Content, including your name, voice, likeness and
other personally identifiable information to the extent that such is
contained in User Content, anywhere, in any form and on and through all
media formats now known or hereafter devised, for any and all purposes
including, but not limited to, promotional, marketing, trade or any
non-commercial or commercial purposes. Additionally, USFL is free to use
any ideas, concepts, know-how, or techniques contained within such User
Content for any purpose including, but not limited to, developing,
manufacturing, marketing and providing commercial products and services,
including USFL Services. USFL's use of such User Content shall not require
any further notice or attribution to you and such use shall be without the
requirement of any permission from or any payment to you or any other
person or entity. You hereby appoint USFL as your agent with full
authority to execute any document or take any action USFL may consider
appropriate in order to confirm the rights granted by you to USFL in this
Agreement.
You represent and warrant that: (i) you own the User Content Transmitted
by you on, through or in connection with the USFL Services, or otherwise
have the right to grant the license set forth in this Section, and (ii)
the Transmission of User Content by you on, through or in connection with
the USFL Services and Third Party Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights
of any person or entity. You agree to pay for all royalties, fees, and any
other monies owing any person or entity by reason of the use of any User
Content Transmitted by you on or through the USFL Services or Third-Party
Services.
If you delete your User Content from the USFL Services, USFL's license to
such User Content will end after a reasonable period of time necessary for
the deletion to take full effect. However, the User Content may be
retained in the USFL's back-up copies of the USFL Services, which are not
publicly available. Furthermore, to the extent that USFL made use of your
User Content before you deleted it, USFL will retain the right to make
such pre-existing uses even after your User Content is deleted. You
acknowledge that (i) deletion of your User Content from USFL Services will
not result in, and USFL assumes no responsibility for, the deletion of
such User Content by any third parties who were provided with or had
access to such User Content prior to your deleting it from the USFL
Services, and (ii) termination of your account or your use of the USFL
Services will not result in the immediate or automatic deletion of your
User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
USFL respects the intellectual property of others and requires that our
users do the same. USFL will respond expeditiously to claims of copyright
infringement and reserves the right to remove or disable access to any
Content that infringes the copyright of any person under the laws of the
United States upon receipt of a notice that substantially complies with
the requirements of 17 U.S.C. § 512(c)(3) as set forth below. USFL also
has a policy that provides for the termination in appropriate
circumstances of subscribers and account holders of USFL Services who are
repeat infringers.
If you believe that any material residing on or linked to from USFL
Services infringes your copyright, you must send USFL's designated
Copyright Agent a written notification of claimed infringement that
contains substantially all of the following information:
(a) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(b) identification of the claimed infringing material and information
reasonably sufficient to permit us to locate the material on the USFL
Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as
an address, telephone number, and an email address;
(d) 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;
(e) a statement by you that the above information in your notification is
accurate and a statement by you, made under penalty of perjury, that you
are the owner of an exclusive right that is allegedly infringed or are
authorized to act on the owner's behalf; and
(f) your physical or electronic signature.
USFL's Copyright Agent for notification of claimed infringement can be as
follows:
Fox Corporation
Copyright Agent
2121 Avenue of the Stars, Suite 900
Los Angeles, CA 90067
E-Mail: FoxDMCA@fox.com
Phone: 310-369-3921
This contact information is exclusively for the purpose of notifying USFL
of claimed infringement. Please be advised that requests sent to the
Copyright Agent without the appropriate subject line or for purposes other
than communication about copyright claims may not be reviewed or responded
to.
If you posted material to USFL Service that was removed due to notice by
a copyright owner.
If you posted material to USFL Services that USFL removed due to a notice
of claimed infringement from a copyright owner, USFL will take reasonable
steps promptly to notify you that the material has been removed or
disabled. This notice may be by means of a general notice on the USFL Site
or USFL Service or by written or electronic communication to such
address(es) you have provided to USFL, if any.
You may provide counter-notification in response to such notice in a
written communication directed to the Copyright Agent as described above,
that includes the following:
-
identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
-
a statement by you, under penalty of perjury, that you have a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled;
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your name, address, telephone number, and a statement that you consent
to the jurisdiction of the Federal District Court for the judicial
district in which your address is located, or if your address is
outside of the United States, for any judicial district in which USFL
may be found, and that you will accept service of process from the
person who provided notification requesting the removal or disabling
of access to the material or such person's agent; and
- your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes
material misrepresentations in a notification of claimed infringement or
any counter-notification may be liable for damages.
Third-Party Links and Services
The USFL Services may provide, or third parties may provide, links to
other websites, applications, resources or other services created by third
parties ("Third-Party Services"). When you engage with a provider of a
Third-Party Service, you are interacting with the third party, not with
USFL. If you choose to use a Third-Party Service and share information
with it, the provider of the Third-Party Service may use and share your
data in accordance with its privacy policy and your privacy settings on
such Third Party Service. USFL encourages you not to provide any
personally identifiable information to or through any Third-Party Service
unless you know and are comfortable with the party with whom you are
interacting.
In addition, the provider of the Third-Party Service may use other parties
to provide portions of the application or service to you, such as
technology, development or payment services. USFL is not responsible for
and makes no warranties, express or implied, as to the Third-Party
Services or the providers of such Third-Party Services (including, but not
limited to, the accuracy or completeness of the information provided by
such Third Party Service or the privacy practices thereof). Inclusion of
any Third-Party Service or a link thereto on the USFL Services does not
imply approval or endorsement of the Third Party Service. USFL is not
responsible for the content or practices of any websites other than the
USFL Services, even if the website links to the USFL Services and even if
it is operated by a USFL Affiliate or a company otherwise connected with
the USFL Services. By using the USFL Services, you acknowledge and agree
that USFL is not responsible or liable to you for any content or other
materials hosted and served from any website or service other than the
USFL Services. When you access Third-Party Services, you do so at your own
risk.
USFL takes no responsibility for third party advertisements which are
posted on the USFL Site or other USFL Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Member Disputes
You are solely responsible for your interactions with other users of the
USFL Site and other USFL Services, providers of Third-Party Services,
Processors or any other parties with whom you interact on, through or in
connection with the USFL Services. USFL reserves the right, but has no
obligation, to become involved in any way with any disputes between you
and such parties.
Privacy
Use of the USFL Services is also governed by our
Privacy Policy, which is incorporated into
this Agreement by this reference.
Disclaimers
THE USFL SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND USFL DOES
NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS
AVAILABILITY OF THE USFL SERVICES. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, USFL EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE
OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
USFL MAKES NO WARRANTY THAT YOUR USE OF THE USFL SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE USFL
SERVICES WILL BE CORRECTED, THAT THE USFL SERVICES OR THE SERVERS ON WHICH
THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE
USFL SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO,
THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE,
RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW THE USFL WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL
INJURY OR DEATH) RESULTING FROM USE OF THE USFL SERVICES, PROBLEMS OR
TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE USFL SERVICES,
ATTENDANCE AT A USFL EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
IN CONNECTION WITH THE USFL SERVICES, ANY USER CONTENT, ANY THIRD PARTY
ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN
CONNECTION WITH THE USFL SERVICES, OR THE CONDUCT OF ANY USERS OF THE USFL
SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY
ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY
ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE USFL SERVICES, AND ANY
INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE
FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY
MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER
PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR
USE OF THE USFL SERVICES. USER CONTENT, THIRD-PARTY ADVERTISEMENTS AND
THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES
OF USFL OR OUR USFL AFFILIATES.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, USFL'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USFL FOR THE USFL SERVICES
DURING THE TERM OF YOUR USE OF THE USFL SERVICES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, USFL WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO USFL
FOR THE USFL SERVICES DURING THE TERM OF YOUR USE OF THE USFL SERVICES,
INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND
INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF OR INABILITY TO USE THE USFL SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF USFL'S
ACTS OR OMISSIONS OR YOUR USE OF USFL SITE OR THE USFL SERVICES ARE NOT
IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER
EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY
TO ACCESS ANY PORTION OF A FISM SITE OR THE USFL SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF USFL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
USFL provides the USFL Services in the United States of America. USFL does
not represent that the USFL Content or the USFL Services are appropriate
(or, in some cases, available) for use in other locations. If you use the
USFL Site or the USFL Services from a jurisdiction other than the United
States, you agree that you do so of your own initiative, and you are
responsible for complying with local laws as applicable to your use of the
USFL Site or the USFL Services.
Not all of the USFL Site Products are available worldwide or nationwide,
and USFL makes no representation that you will be able to obtain any USFL
Site Product in any particular jurisdiction, either within or outside of
the United States.
U.S. Export Controls
Software available in connection with the USFL Services is further subject
to United States export controls. No such software may be downloaded from
the USFL Services or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using such software is at your sole risk.
(1) USFL, including its USFL Affiliates, agents, employees, predecessors
in interest, successors, and assigns, and you agree that any Dispute (as
defined herein) between you and USFL, regarding any aspect of your
relationship with USFL, will be resolved in a binding, confidential,
individual and fair arbitration process, and not in court.
Each of you and USFL agrees to give up the right to sue in court.
(2) The term "Dispute" is to be given the broadest possible meaning that
will be enforced, and shall include any dispute, claim, demand, count,
cause of action, or controversy between you and USFL, whether based in
contract, statute, regulation, ordinance, tort (including, but not limited
to, fraud, misrepresentation, fraudulent inducement, negligence, or any
other intentional tort), or any other legal or equitable theory. The term
"Dispute" specifically includes, but is not limited to, any disputes,
actions, claims, or controversies between you and the USFL that arise from
or in any way relate to or concern any Content, products or services
provided by USFL including but not limited to the USFL Services (as
defined above), this Arbitration Agreement, any other aspect of these
Terms of Use (including their applicability and their conformance to
Applicable Law), any billing disputes, and any disputes relating to
telephonic, text message, or any other communications either of us
received from the other. The only exceptions to this Arbitration Agreement
are that (i) each of you and USFL retains the right to sue in small claims
court and (ii) each of you and USFL may bring suit in court against the
other to enjoin infringement or other misuse of intellectual property
rights. Disputes over whether these exceptions apply shall be resolved by
the court in which such action has been brought; all other disputes over
arbitrability shall be resolved by the arbitrator.
(3)
Each of you and USFL also agrees to give up the ability to seek to
represent, in a class action or otherwise, anyone but each of you and
USFL
(see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an
arbitration award is limited. An arbitrator must follow this Arbitration
Agreement. The arbitrator, however, can award on an individual basis the
same damages and relief as a court (including injunctive and declaratory
relief, or statutory damages); provided that they are recoverable under
these Terms of Use.
(5) These Terms of Use evidence a transaction in interstate commerce, and
thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the
interpretation and enforcement of this Arbitration Agreement. This
Arbitration Agreement shall survive termination of the Terms of Use.
(6) Any arbitration between you and USFL will be conducted by the Judicial
Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS
Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the
"JAMS Rules"), as modified by this agreement to arbitrate. The arbitration
shall be conducted by a single, neutral arbitrator, and if you and USFL
cannot agree on who that single arbitrator will be, the arbitrator will be
appointed pursuant to the JAMS Rules, with the participation and
involvement of USFL and you pursuant to JAMS Rule 12. The JAMS Rules are
available on its website at
http://www.jamsadr.com/rules-streamlined-arbitration . The Consumer Arbitration Minimum Standards are available at
https://www.jamsadr.com/consumer-minimum-standards . The arbitrator is bound by these Terms of Use.
(7) If either you or USFL wish to arbitrate a claim, you or USFL must
first send by mail to the other a written Notice of Dispute ("Notice")
that sets forth the name, address, and contact information of the party
giving notice, the specific facts giving rise to the Dispute, the USFL
Service to which the Notice relates, and the relief requested. Your Notice
to the USFL must be sent by mail to: Arbitration Notice of Dispute, 2121
Avenue of the Stars, 12th Floor, Los Angeles, California, 90067. USFL will
send any Notice to you at the contact information we have for you or that
you provide. It is the sender's responsibility to ensure that the
recipient receives the Notice. During the first 45 days after you or we
send a Notice to the other, you and we may try to reach a settlement of
the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or
we may initiate arbitration in accordance with the JAMS Rules. Further
instructions on submitting a Demand for Arbitration may be found at
http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
. In addition to filing this Demand for Arbitration with JAMS in
accordance with its rules and procedures, you must send a copy of this
completed Demand for Arbitration to the USFL at the address listed above
to which you sent your Notice of Dispute.
(9) You and the USFL acknowledge and agree to abide by the following rules
for arbitration:
(a) YOU AND THE USFL 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, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE
ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF;
(b) USFL will pay arbitration costs as required by the JAMS Consumer
Arbitration Minimum Standards and consistent with paragraph 6 below;
(c) the arbitrator may award any individual relief or individual
remedies that are permitted by Applicable Law and these Terms of Use;
and
(d) each side pays his, her or its own attorneys' fees, except as
otherwise provided in paragraph 10 below.
(10) JAMS charges filing and other fees to conduct arbitrations.
Ordinarily, the claimant has to pay the filing fee to initiate
arbitration, but if you wish to commence an arbitration against USFL, you
and the USFL acknowledge and agree to abide by the following:
-
If you are seeking to recover less than $10,000 (inclusive of
attorneys' fees), USFL will pay the filing fee on your behalf or
reimburse your payment of it.
-
If you are seeking to recover $10,000 or more, you will have to pay
the filing fee charged by JAMS, but USFL will reimburse the filing fee
if you prevail on all claims decided upon by the arbitrator.
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USFL and you agree that, if the claims to be arbitrated total less
than $10,000 (inclusive of attorneys' fees), the claim ordinarily
should be decided on written submissions only, without a telephonic or
in-person hearing. USFL will not request a hearing for any claims
totaling less than $10,000. This provision shall not be construed by
the arbitrator to deprive you of any rights you may have to a
telephonic or in-person hearing in your hometown area pursuant to the
JAMS Rules.
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USFL and you agree that, if the claims to be arbitrated total $10,000
or more, the arbitration will occur in a manner and place consistent
with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and USFL
shall cooperate in good faith in the exchange of non-privileged documents
and information as necessary in accordance with the JAMS Rules, and the
arbitrator shall issue a reasoned written decision sufficient to explain
his or her findings and conclusions.
(12) Each of you and USFL may incur attorneys' fees during the
arbitration. Each side agrees to pay his, her or its own attorneys' fees
unless the claim(s) at issue permit the prevailing party to be paid its
attorneys' fees, and in such instance, the fees awarded shall be
determined by the Applicable Law(s). In addition to whatever rights you
may have to recover your attorneys' fees under Applicable Law, if you
prevail in the arbitration, and if USFL failed to make a settlement offer
to you before the arbitration or the amount you win is at least 25%
greater than USFL's highest settlement offer, then USFL will pay your
reasonable attorneys' fees in addition to the amount the arbitrator
awarded. If USFL wins the arbitration, you will be responsible for your
own attorneys' fees. In addition, if the arbitrator, at the request of the
winning party, finds that the losing party brought a claim or asserted a
defense frivolously or for an improper purpose, then regardless of the
amount in dispute, the arbitrator must order the losing party to pay both
sides' arbitration fees and may order the losing party to pay the winning
party's reasonable attorneys' fees, unless such an award of fees is
prohibited by Applicable Law.
(13) The arbitrator may award declaratory or injunctive relief only in
favor of the individual party seeking relief, only to the extent necessary
to provide relief warranted by that party's individual claim, only as
permitted by Applicable Law, and only to the extent that declaratory and
injunctive relief are permitted by these Terms of Use. The arbitrator
shall have no authority to award punitive, exemplary, multiplied or
consequential damages or any other relief not allowed under this
Arbitration Agreement. The arbitrator also may not order USFL to pay any
monies to or take any actions with respect to persons other than you,
unless USFL explicitly consents in advance, after an arbitrator is
selected, to permit the arbitrator to enter such an order. Further, unless
USFL expressly agrees, the arbitrator may not consolidate other persons'
claims with yours, and may not otherwise preside over any form of a
representative, multi-claimant or class proceeding.
(14) You and USFL agree to maintain the confidential nature of the
arbitration proceeding and shall not disclose the fact of the arbitration,
any documents exchanged as part of any mediation, proceedings of the
arbitration, the arbitrator's decision and the existence or amount of any
award, except as may be necessary to prepare for or conduct the
arbitration (in which case anyone becoming privy to confidential
information must undertake to preserve its confidentiality), or except as
may be necessary in connection with a court application for a provisional
remedy, a judicial challenge to an award or its enforcement, an order
confirming the award, or unless otherwise required by law or court order.
In keeping with the confidential nature of the arbitration, You and USFL
agree that an order confirming award is only necessary if the obligations
of the award have not been performed. Therefore, before taking any steps
to confirm the arbitration award, the party seeking confirmation of the
award must give the other party notice of its intention to confirm the
award. If the party who would be the respondent in any such confirmation
proceeding performs its obligation under the terms of the arbitration
award within 15 business days of such notice, the party who gave notice of
its intent to confirm the award shall not seek to confirm or otherwise
enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver
of the ability to proceed on behalf of multiple claimants or a purported
class), if any part of this Arbitration Agreement is deemed invalid,
unenforceable, or illegal, then the balance of this Arbitration Agreement
shall remain in effect and be construed in accordance with its terms as if
the invalid, unenforceable, or illegal provision were not contained. If,
however, subpart (a) in paragraph (9) is found invalid, unenforceable or
illegal, then the entirety of this Arbitration Agreement shall be null and
void, but the rest of these Terms, including the provisions governing
where actions against USFL must be pursued, the choice of governing law,
and our mutual waiver of the right to a trial by jury, will remain in
effect and apply to any claim that, for this or any other reason, proceeds
in court rather than in arbitration.
Governing Law
This Agreement will be governed by, and construed in accordance with, the
laws of the State of New York, without regard to its conflict of law
provisions.
Except with respect to Disputes to be resolved through an arbitration
process in accordance with the Arbitration Agreement contained above, you
and USFL agree to submit to the exclusive jurisdiction of the courts
located in New York, New York to resolve any Dispute arising out of the
Agreement or the USFL Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT
NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY
CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED
TO THIS AGREEMENT, THE SITE OR THE USFL SERVICES MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH
CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold USFL, its USFL Affiliates, stations
affiliated with USFL, producers of USFL content, each advertiser, sponsor
and their advertising agencies, subcontractors and other partners, and
their respective officers, agents, partners and employees, harmless from
any loss, liability, claim, or demand, including, but not limited to,
reasonable attorneys' fees, made by any third party due to or arising out
of or in connection with your use or misuse of the USFL Site or the USFL
Services (including, without, limitation, any use of your account, whether
or not authorized by you), your breach of this Agreement, your violation
of any rights of another or any Content that you Transmit through the USFL
Services.
Unsolicited Submissions
USFL does not knowingly accept, via the USFL Services or otherwise,
unsolicited submissions including, without limitation, submissions by you
of blog ideas, articles, scripts, story lines, fan fiction, characters,
drawings, information, suggestions, proposals, ideas or concepts. USFL
requests that you do not make any unsolicited submissions. Any similarity
between an unsolicited submission and any elements in any USFL or
Affiliated USFL creative work including, without limitation, a film,
series, story, title or concept would be purely coincidental. If you do
send any submissions to USFL via the USFL Services that are unsolicited
(including but not limited to any Forum), however, you agree that (i) your
unsolicited submissions are not being made in confidence or trust and that
by making such submissions no contractual or fiduciary relationship is
created between you and USFL; (ii) any such unsolicited submissions and
copyright become the property of and will be owned by USFL (and are not
User Content licensed by you to USFL under "Your Proprietary Rights in and
License to Your User Content") and may be used, copied, sublicensed,
adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as USFL sees fit; (iii) you are not entitled to any
compensation, credit or notice whatsoever in connection with such
submissions; and (iv) by sending an unsolicited submission you waive the
right to make any claim against USFL or USFL Affiliates relating to any
unsolicited submissions by you, including, without limitation, unfair
competition, breach of implied contract or breach of confidentiality.
Employment Opportunities
USFL may, from time to time, post USFL employment opportunities on the
USFL Services and/or invite users to submit resumes to it. If you choose
to submit your name, contact information, resume and/or other personal
information to USFL in response to employment listings, you are
authorizing USFL to utilize this information for all lawful and legitimate
hiring and employment purposes. USFL also reserves the right, at its sole
discretion, to forward the information you submit to its USFL Affiliates
for legitimate business purposes. Nothing in this Agreement or contained
in the USFL Services will constitute a promise by USFL to contact,
interview, hire or employ any individual who submits information to it,
nor will anything in this Agreement or contained in the USFL Services
constitute a promise that USFL will review any or all of the information
submitted to it by users of the USFL Services.
Other
The failure of USFL to exercise or enforce any right or provision of this
Agreement will not operate as a waiver of such right or provision. The
Section titles in this Agreement are for convenience only and have no
legal or contractual effect. This Agreement operates to the fullest extent
permissible by law. Except as otherwise expressly provided herein, if any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
You agree that any notices the USFL may be required by Applicable Law to
send to you will be effective upon USFL's sending an e-mail message to the
e-mail address you have on file with USFL or publishing such notices on
the informational page(s) of the USFL Services.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and USFL as a result of this Agreement or
your use of the USFL Services. A printed version of this Agreement and of
any notice related to it shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent as
other business documents and records originally generated and maintained
in printed form.
Nothing contained in this Agreement limits USFL's right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of the USFL Services or information provided to or gathered by
us in connection with such use.