No-Nonsense, No B.S., Terms & Policies
Our simple ground rules to show we respect your organization, your data, and your privacy.
Terms of Service
Please read these Terms of Service carefully as they contain important information regarding your legal right, remedies and obligations. If you do not agree to these Terms of Service, you should leave the Site immediately and discontinue use of the Services immediately.
Welcome to LeagueApps, a digital platform to manage and organize participatory sports. The LeagueApps platform (“Platform”) may be used and accessed by sports organizers who use the LeagueApps sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) As such, the Services (as defined below) may be offered to users by LeagueApps, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their sports registrants.
These Terms of Service (these “Terms of Service”) constitute an agreement between you and LeagueApps, Inc. (“LeagueApps”, "we" or "us"). These Terms of Service, together with any documents expressly incorporated herein, govern your access to and use of the Platform, the website located at http://leagueapps.com (the “Site”), including any content, functionality and services offered on or through the Platform or the Site, and any of our other services or products (the Platform, the Site and any of our other services or products, collectively, referred to as the “Services”), whether or not you register as a user and whether or not you are a sports organizer or a sports registrant. The terms “you” or “your” refer to sports organizers, sports registrants and all visitors, users and others who access any of the Services.
If you are entering into these Terms of Service on behalf of an organization, you represent that you have the authority to bind the organization to these Terms of Service, in which case the terms “you” or “your” shall refer to the organization. If you do not have such authority, or if you do not agree with these Terms of Service, you must not use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, (iii) you expressly accept and agree to be bound by the terms hereof, and (iv) you have independently evaluated all aspects of these Terms of Service and have entered into these Terms of Service without relying on any representation, guarantee or statement other than those expressly set forth in these Terms of Service.
In addition to these Terms of Service, in some cases, your use of the Services may be subject to additional terms and privacy policies. Specifically:
- sports organizers’ use of the Services may be subject to amended or supplemental terms agreed to directly with LeagueApps that alter or modify these Terms of Service; and
- sports registrants’ use of the Services may be subject to the terms and/or policies of the third party league organizer through whom the LeagueApps platform is made available. LeagueApps is not responsible or liable for the practices of companies, including sports organizers, that LeagueApps does not own or control or individuals that LeagueApps does not employ or manage. If sports registrants have any questions regarding whether any additional policies or agreements apply to their use of the Services, please contact your league organizer.
LeagueApps reserves the right to update and change these Terms of Service without notice, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
DESCRIPTION OF SERVICE
LeagueApps is a platform that enables participatory sports organizations to use digital sports management functionality and communicate with their members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer users and league organizers unique events, opportunities, products or services. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) and a website for your organization (“Member Web Site”). To create a Member Account we may ask you to provide the following information: name, email address, phone number, organization name, role in organization, number of players, organization website and zip code. It is a condition of your use of the Services that all the information you provide is correct, current and complete.
LeagueApps disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with these Terms of Service or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.
In addition, LeagueApps disclaims, and sports organizers accept all responsibility and liability for the use of such sports organizers’ Member Web Sites by sports registrants or any other third parties. Furthermore, LeagueApps disclaims, and sports registrants accept all responsibility and liability for the use of sports organizers’ Member Web Sites.
CONDITIONS OF USE
Your use of the Services and any of its functions or features is subject at all times to these Terms of Service and any other applicable third party terms.
You must not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Services using applications provided by LeagueApps or using a standard web browser. Using automated tools to access, upload or download content is not permitted. You must be 18 years of age or older to create an account or web site on LeagueApps. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of 13 or for youth leagues and/or submit information about individuals under the age of 13 or about youth league participants.
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity outside of your organization. You acknowledge and agree that, except with respect to your organization, (i) your account is personal to you and you will not provide any other person with access to the Services using your user name, password or other security information, and (ii) you will notify us immediately of any unauthorized access to or use of your account or any other breach of security.
ACCOUNT OWNERSHIP POLICY
We are not responsible or liable for any account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding account ownership, our policy is to not make any changes to account ownership unless and until we are able to reasonably determine the rightful account owner. As such, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the account, and other verifiable documentation. LeagueApps reserves the right, at its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer an account to the rightful owner. Our determination of account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of account ownership, we may terminate your Member Account and/or Member Web Site.
You acknowledge and accept the foregoing account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against LeagueApps arising out of such policy and our ownership determination, agree immediately to dismiss any claim so brought, and hereby indemnify and release LeagueApps from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
TERMINATION/CANCELLATION OF MEMBER ACCOUNT OR MEMBER WEB SITE
Either LeagueApps or you may terminate or cancel a Member Account or Member Web Site at any time without notice. You understand and agree that your cancellation of your Member Account is your sole right and remedy with respect to any dispute with LeagueApps.
In the event that you decide to terminate or cancel your Member Account or Member Website, you may use available LeagueApps tools to export all of your data and information.
You acknowledge that LeagueApps reserves the right to charge for the Services and/or specific functions or features of the Services and to change its fees from time to time in its discretion. In the event of a termination of your LeagueApps account for any reason, whether by LeagueApps or by you, you shall not be entitled to a refund of any unused portion of the fees paid by you to use the Services. Further, you will be responsible to LeagueApps for an additional cancellation fee, should LeagueApps choose to charge such cancellation fee.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your membership may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, your Member Account and/or your Member Web Site may be terminated and you may be prohibited from accessing or using the Services.
By purchasing any Services, you hereby authorize LeagueApps to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen purchase. You hereby understand and agree that in most cases, LeagueApps will be charging your designated credit card in accordance with the payment schedule of the Transaction or Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify LeagueApps of any changes to your credit card or if your credit card has expired, otherwise your access to the Services may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction or use of the Services. Amounts not paid by you to LeagueApps when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that LeagueApps may incur in its efforts to collect any remaining balances due from you. These Terms of Service shall in no way limit any other remedies available to LeagueApps. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. LeagueApps reserves the right, at its sole discretion, to retroactively charge your credit card (or other applicable payment mechanism) for any outstanding balances greater than sixty (60) days old. You must notify LeagueApps of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify LeagueApps within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of products or programs by you through a Member Website, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law. Sports organizers and sports registrants must resolve all questions or disputes regarding the foregoing directly with each other. LeagueApps is not responsible or liable for the practices of sports organizers or sports registrants, or for sports organizers’ and sports registrants’ interactions with each other or use of Member Web Sites, including without limitation any claims for payments or refunds.
THIRD PARTIES AND USER INTERACTIONS
The Services may contain links to third party websites or services that are not owned or controlled by LeagueApps (including Member Web Sites), and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. LeagueApps has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third party websites, or which are posted to or through the Services by other parties, including those embedded within Member Web Sites. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
LeagueApps is not responsible for the actions, content, information or data of any third parties, including sports organizers, sports registrants or other users. You are solely responsible for your interactions with sports organizers, sports registrants or other users of the Services, and any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that LeagueApps shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including in relation to your participation in any activities of sports organizers).
If you have a dispute with one or more users or any other parties with whom you interact through the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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 settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
You are legally responsible for all data, content or other information ("Member Content") uploaded, posted or stored through your Member Account or on your Member Web Site or otherwise through your use of the Services. You are responsible for any Member Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. LeagueApps does not control the Member Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. LeagueApps reserves the right, in its sole discretion, without notice at any time, to (a) review the Member Content posted via the Services; (b) edit, remove or refuse to post any Member Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for LeagueApps; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and LeagueApps.
If you choose to submit any feedback, suggestions or ideas (“Submissions”), you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of LeagueApps without any obligation of LeagueApps to you; and (f) you are not entitled to any compensation or reimbursement of any kind from LeagueApps under any circumstances.
In connection with any Member Content, you represent and warrant the following:
- If you are a sports organizer that uses LeagueApps to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Member Web Site, for making all appropriate disclosures to visitors to your Member Web Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as LeagueApps.
- If you are a sports organizer that uses LeagueApps to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with LeagueApps or hosted on LeagueApps' servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver's license, bank account or credit card numbers, unless such information is provided to LeagueApps in a system specifically designed to protect and store such information. If such information is shared with LeagueApps or hosted on LeagueApps’ servers in a manner that LeagueApps deems to be insecure, LeagueApps has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise permitted by LeagueApps in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of LeagueApps, are (i) owned by LeagueApps, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purpose other than as expressly permitted under these Terms of Service. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
If you are a sports organizer, you hereby grant LeagueApps a non-exclusive, limited right to use your organization’s trade name, trademarks, service marks, logos and other distinctive or proprietary brand features for promotional, marketing and service implementation purposes in connection with your use of the Services.
We respect the intellectual property of others and we expect our users of the Services to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe or potentially infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (iii) a description of where the Disputed Material is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the Disputed Material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the Disputed Material, or are authorized to act on behalf of the owner of the Disputed Material.
Our Copyright Agent can be reached as follows:
c/o LeagueApps, Inc.
30 Irving Place 3rd Floor
New York, NY 10003
LEAGUEAPPS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR MEMBER CONTENT, OR (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER USERS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL LEAGUEAPPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO LEAGUEAPPS FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless LeagueApps, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to, use, or misuse of the Services, (ii) your violation of these Terms of Service or any additional terms applicable to your use of the Services, or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your Member Content.
RELEASE AND WAIVER OF RIGHTS
You release LeagueApps and expressly waive any and all claims against LeagueApps that may arise from your use of the Site and/or the Services. Specifically, without limitation, by providing information and/or uploading content within the Site and/or the Services, you release LeagueApps and expressly waive all claims against LeagueApps arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site and/or the Services.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE MATERIALS APPEARING ON THE SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEAGUEAPPS NOR ANY PERSON ASSOCIATED WITH LEAGUEAPPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LEAGUEAPPS NOR ANYONE ASSOCIATED WITH LEAGUEAPPS REPRESENTS OR WARRANTS THAT ANY OF THE MATERIALS ON ITS SITE OR ANY MEMBER WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEAGUEAPPS BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION DATA YOU INPUT REGARDING SPORTS PARTICIPANTS; AND (II) ANY CHANGES OR MODIFICATIONS TO SETTINGS FOR THE SERVICES OR MODIFIED FUNCTIONALITY OF THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT LEAGUEAPPS SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CONCLUSION OR TERMINATION OF THE TERM OF THE SERVICES, ANY AND ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU MAY BE DELETED AND DESTROYED, AND COPIES OF SUCH INFORMATION AND DATA MAY NOT BE AVAILABLE TO SHARE WITH YOU.
LEAGUEAPPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND DISPUTE RESOLUTION
Initiating a Formal Claim
Any and all disputes or claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between you and LeagueApps shall be resolved by the processes set forth in these Terms of Service. LeagueApps provides the Services to you on the condition that you accept the dispute resolution provisions described below. Accordingly, if you initiate any claim against LeagueApps in any other manner, you shall be in violation of these Terms of Service and you agree that LeagueApps shall be entitled to have such action dismissed or otherwise terminated. You further agree to reimburse LeagueApps for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against LeagueApps, you will send us a notice to email@example.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.
Alternative Dispute Resolution Process
Subject to any applicable laws, if a claim arises between you and LeagueApps with a total value of less than $10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and LeagueApps agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Except as otherwise provided herein, you and LeagueApps agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by this Arbitration Agreement. You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings at www.adr.org. The arbitration shall be held in New York, New York. If the value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted according to the Alternative Dispute Resolution Process described above.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. The parties will share the costs of the arbitration until the final determination is made, at which point, the arbitrator will be permitted to award the prevailing party legal costs of the arbitration.
YOU AND LEAGUEAPPS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.
Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this Arbitration Agreement, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Please report any violations of these Terms of Service directly to LeagueApps.
WAIVER AND SEVERABILITY
No waiver by LeagueApps of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LeagueApps to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
LeagueApps shall not be liable for any failure to perform its obligations hereunder. These Terms of Service and any subsequent versions of these Terms of Service posted to the Site will be deemed a legally binding contract signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind LeagueApps in any respect whatsoever.
ADDRESS AND CONTACT INFORMATION
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
30 Irving Place 3rd Floor
New York, NY 10003