You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these additional terms and conditions contained in this section.
By depositing money or entering a contest, you are representing and warranting that:
you are 18 years of age or older;
you are a citizen or resident of the United States of America (“United States”) and that you have an address in any of the following states: Florida, Colorado, or Kentucky (collectively, “Eligible States”);
at the time of deposit or entry to any contest you are physically located in one of the Eligible States;
you are not listed on any U.S. Government list of prohibited or restricted parties;
you will abide at all times by these Terms and any other agreements between you and Jump Clear regarding your use of the ServiceServices or participation in any contest;
you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;
When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes; and
You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
If Jump Clear determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the ServiceServices. Jump Clear makes no representation that participation in paid entry fantasy sports contests is lawful under law of any state, including the Eligible States. Jump Clear may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If Jump Clear otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Jump Clear may have in law or equity, Jump Clear reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Jump Clear may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Jump Clear in its sole discretion. Jump Clear also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Jump Clear employees may use the ServiceServices for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of Jump Clear employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other Jump Clear employees or household members. Jump Clear consultants or promoters of the ServiceServices may play in contests without such limitation, but only if (i) their arrangement with Jump Clear does not permit them to have any access to non-public ServiceServices data or any other data not made available to all players on the ServiceServices and (ii) they do not receive any other advantages in their play on the ServiceServices.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information may not enter any contests in which a real money prize is awarded. If such person enters a Jump Clear contest that awards prizes, Jump Clear will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, Jump Clear may maintain information about the entrant sufficient to assist Jump Clear in blocking the user from entering future Jump Clear contests, unless and until Jump Clear determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about contest-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Jump Clear contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or contest-related employment can influence the gameplay are likewise ineligible.
Jump Clear offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of Jump Clear. You can learn more about our responsible play policies and tools by contacting Jump Clear.
Jump Clear is not affiliated with or sponsored by any organization that may oversee, conduct or otherwise run any of the sports or events that may be the subject of any Jump Clear contest.
3.How to Play
Subject to these Terms, see the Jump Clear “How To Play” guide for the fantasy rules and contest descriptions. That guide may be updated from time-to-time and changes will be effective when posted.
4.Conditions of Participation
In order to participate in a contest on the ServiceServices, you must register for an account. By registering as a user of the ServiceServices, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Jump Clear has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Jump Clear may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. EachServices, and each account on the ServiceServices may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the ServiceServices. In the event Jump Clear determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Jump Clear may have, Jump Clear reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on Jump Clear is to participate in fantasy sports contests on the ServiceServices. Jump Clear shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the ServiceServices. In such circumstances, we may also report such activity to relevant authorities.
4.2. Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a username and password to be used in conjunction with your account. You may not use a username that promotes a commercial venture or a username that Jump Clear in its sole discretion deems offensive. Many portions, and Jump Clear may require you to change your username or may unilaterally change your username.
Portions of the ServiceServices require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) never to use the same password for the ServiceServices that you use or have ever used outside of the Service; (b) keep your username and password confidential and not share them with anyone else; (c) immediately notify Jump Clear of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. Jump Clear cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Jump Clear is authorized to act on instructions received through the use of your username and password, and that Jump Clear may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.
Jump Clear may require you to change your username or may unilaterally change your username.
4.3.Communications and Information Practices
As a result of your registration for the ServiceServices, you may receive certain commercial communications from Jump Clear. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com.INSER Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law
4.4. Disqualification and Cancellation
Jump Clear also reserves the right to cancel contests, in our sole discretion, without any restrictions.
If for any reason the ServiceServices is not running as originally planned (e.g., if the Jump Clear website or app becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Jump Clear corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Jump Clear reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the ServiceServices, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Jump Clear website or app.
The failure of Jump Clear to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Jump Clear (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
4.5.Deposits and Withdrawals Generally
By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
osits, and player winnings after contests are finished, are held in a separate, segregated bank account by a subsidiary of Jump Clear, Inc. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Jump Clear may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of Jump Clear’s subsidiary.
Jump Clear may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.
In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.
All transactions shall be deemed to have occurred in the State of Colorado.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Jump Clear. These details will be used to allow Jump Clear to comply with tax regulations and may be shared with appropriate tax authorities. All federal, state, municipal and local taxes, and all expenses associated with receipt or use of any winnings or prize, are the sole responsibility of you as the winner. If required, Jump Clear may send to you an IRS Form 1099 or W-2G (as applicable) for any winnings if such winnings exceed $600 or any other applicable thresholds.
By entering a contest, you consent to Jump Clear’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Jump Clear contests and Jump Clear generally, unless otherwise prohibited by law. Jump Clear and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Jump Clear may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Jump Clear or other contests or games operated by Jump Clear. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5.1.Game of Skill
All Jump Clear contest are “games of skill”. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points.
5.2. Entry Fees
Each Jump Clear contest has an entry fee (or required monetary amount to participate) listed in United States dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your Jump Clear account (or the associated bank account that has been linked to your Jump Clear profile and used to fund your Jump Clear account). Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Jump Clear’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Jump Clear reserves the right not to award any winnings or prize to an individual it believes in its sole discretion did not submit the winning entry.
Entry into any contest is final. No entry fees or any other associated costs will be refunded at any time. Jump Clear has no obligation to honor cancellation or similar requests with respect to any contest.
5.3. Contest Term
The contest term or period for any contest will be noted on the Jump Clear website or app prior to the start of the contest. Subject to Section 4.2, eligible entry into the contest must occur prior to the expiration of the contest term or period.
5.4.Winnings and Prizes
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the published contest details. Prizes are added to the winning player's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Jump Clear offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by Jump Clear. Once winners are initially announced by Jump Clear, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Jump Clear has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Jump Clear reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Jump Clear contests, Jump Clear is the sole judge and its actions are final and binding.
Winners are generally posted on the Jump Clear website and app after the conclusion of each contest by 12 PM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by email to: firstname.lastname@example.org. Or at the contact information provided at the end of these Terms.
5.6. Promotional Offers
From time to time, Jump Clear may offer monetary and other promotions for marketing and promotional purposes to certain users. Such promotions will have specified terms and conditions regarding eligibility, restrictions, use and termination. Jump Clear may offer such promotions subject to any terms and conditions, including not offering any such promotions, in its sole and absolute discretion.
5.7.Account Add-On Subscriptions
While creating a Jump Clear account is free (other than the cost of your entry fee to participate in any Jump Clear contest), Jump Clear may also offersoffer Jump Clear account add-ons or premium features in the form of subscriptions, such as [Fantasy Monetized with Stats and Livestreaming] (“Subscriptions”). All Subscriptions will be billed on a monthly basis to the associated bank account that has been linked to your Jump Clear profile and used to fund your Jump Clear account.
By purchasing a Subscription, you authorize Jump Clear to charge the associated bank account that has been linked to your Jump Clear profile and used to fund your Jump Clear account at the start of your monthly billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your Subscription before the relevant monthly billing and/or renewal period begins. If you do not terminate or cancel your Subscription before the relevant monthly billing and/or renewal period begins, your designated payment method will be automatically renewed at the current renewal price for the renewal period you were notified of.
Jump Clear reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice and communicated to you via the e-mail used to create your Jump Clear profile and account. Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate your Subscription before any relevant price increase period begins. After expiry of this notice period, the changes will become effective and we will charge your payment method at the start of your monthly billing period or renewal period.
In the event we cannot charge your designated account, we reserve the right to terminate your Subscription. Again, there is absolutely no obligation to purchase or maintain a Subscription and you may terminate or cancel at any time on the Jump Clear website or app under your Jump Clear profile and account.
5.8.Statistics and Stat Providers
Jump Clear utilizes third-parties to provide statistics for most Jump Clear contests. These statistical services and related statistics are provided with certain Jump Clear memberships are an additional feature. Jump Clear is not responsible or liable for any inaccuracy or similar issues with such statistics.
6. Prohibited Actions
You may not use the Services for any purpose that is unlawful or prohibited by these Terms.
You may not: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing, control or security features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot,” or give any other person or entity unauthorized access to the Services; (l) engage in “scraping,” copying, republishing, licensing, or selling the data or information on the Services.
In addition, you may not: (i) abuse, harass, impersonate, intimidate or threaten other Jump Clear users; (ii) engage in any communication or solicitation designed or intended to obtain password, account, or private information from any Jump Clear user; (iii) use artificial means, including creating multiple user accounts, to inflate your position and standing with the Jump Clear leader boards and community; (iv) use unauthorized scripts; all authorized scripts will be made available through the Services prior to game entry; (v) attempt to influence the play in any sporting event from which athletes are available for selection in Jump Clear contests on Jump Clear in which you are involved or in which you have a direct or indirect interest; or (vi) enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
Violation of our Terms or other posted rules may result in the removal any content (such as User Content as defined below) from the Services, forfeiture of winnings, and/or the canceling of your Jump Clear profile and account. You acknowledge and agree that Jump Clear may remove any User Content and terminate any Jump Clear profile or account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). We may pursue legal action and/or report to law enforcement for such violations.
CAUTION: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE MAY SEEK PROSECUTION AND/OR DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Services we provide may provide functionality through which you can submit comments and other information to us for public posting in connection with our Services (collectively, “User Content”). You represent and warrant that: (a) you own or control all rights to the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (b) You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (c) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.
When posting any User Content, you must: (1) comply with these Terms; (2) not be affiliated with any of our competitors, (3) not post any User Content of a positive or negative nature on behalf of an interested party; (4) not make any conclusions as to the legality of any conduct; and (5) not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion.
We do not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9.Reporting Copyright Infringement And Other Violations with respect to the Services
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. Please report any allegations of copyright infringement or any other issue to us via the contact information provided at the end of these Terms.
10.Our Intellectual Property Rights
Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. You are not authorized to use our company and brand names and logos without express written permission, except to the extent otherwise permitted by law.
We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
12.Links in the Services
13.Linking to the Services
You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
14.Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE do not endorse, APPROVE OR VERIFY ANY posted USER CONTENT on the SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence. For New Jersey Residents: Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.
You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services, and the User Content you make available via the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.
16.Governing Law; Arbitration and Class Action Waiver
Any dispute between you and us in connection with these Terms or our Services that cannot be resolved through informal negotiations will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. By default, the arbitration will take place in person in Denver, Colorado, but if you so choose, the arbitration may be conducted through the submission of documents, by phone, online, or in your state of residence. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, as well as to seek non-monetary injunctive or other equitable relief.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
17.Services Controlled from United States
Our Services are operated from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Use of the Services from jurisdictions where such use is illegal is strictly prohibited. If you choose to use the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
18.Entire Agreement; Severability
If you have any questions, concerns or comments about these Terms or our Services, or if you would like us to update information or preferences you provided to us, please contact us at email@example.com
These Terms were last updated February 22, 2022.