By using the Service and providing your email address and/or mobile number, you consent to receiving electronic communications from our Company and our affiliates and Suppliers that are related to your use of the Service. These electronic communications may include emails, text messages, push messages, in-app messages, and notifications directly posted to your account on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.
By registering an account on the Service, you warrant that all account information you submit is your own information and is truthful and accurate. You acknowledge and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.
When you use the Service, your wireless carrier may impose data and/or other charges, and you acknowledge and agree that you will be solely responsible for all charges from your wireless carrier.
The Service and Content may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer, directly or indirectly, the Service (or any of its components) or any Content, or any U.S. technical data acquired from the Service, or any product or service utilizing such data, in violation of U.S. export control laws or regulations.
To report misuse of the Service, please email us at email@example.com.
With the exception of User Content, all elements of the Service and Content, including all copyrights, trademark rights, trade dress rights, patent rights, and other intellectual property and proprietary rights therein and thereto, are the property of our Company or our affiliates or Suppliers (as the case may be), and are protected by intellectual property and other laws in the United States and other countries.
The Leagues name and logo are trademarks of our Company and are protected by U.S. federal and state, and other country laws. Except as specifically permitted by applicable laws, any unauthorized use of our trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities.
You retain ownership of your User Content. However, by using the Service you acknowledge and agree to the following:
We respect others’ intellectual property and ask that all Users do the same. To comply with the U.S. Digital Millennium Copyright Act (Title 17, U.S. Code) (hereinafter, “DMCA”), we have adopted and implemented a policy that provides for the prompt removal of allegedly infringing User Content and for the termination of the account of any User that is determined by us to be a repeat infringer. If you believe that any User Content on the Service is infringing copyright and should be removed, please notify our Designated Agent (listed below) in accordance with the following:
Our Designated Agent: The following is our Designated Agent for receiving notifications of claimed copyright infringement:
The Leagues LLC
Attn: Copyright Infringement
3 E Third Ave #228 San Mateo, CA 94401
Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to our Designated Agent listed above, and must include the following information:
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against your User Content, you may make a counter-notification with our Designated Agent listed above. The counter-notification must be in writing and include the following information:
If we receive a valid counter-notification, we may reinstate the removed or disabled User Content in accordance with the DMCA.
NOTE: Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
Please adhere to the following guidelines when interacting with other Users on the Service:
To report violations of the above guidelines, please email us at firstname.lastname@example.org.
If you submit ideas, suggestions, comments, or other feedback concerning the Service or Content (whether solicited or unsolicited) (“Feedback”) to our Company, you understand and agree that: (i) our Company and our affiliates and Suppliers, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and our Company or between you and any of our affiliates or Suppliers; and (iv) your Feedback submission may be used and retained indefinitely by our Company and our affiliates and Suppliers, including our and their successors and assigns.
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE SERVICE AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SERVICE OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SERVICE AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SERVICE OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
By using the Service, you agree to release and forever discharge (to the fullest extent permitted by applicable law) our Company and our affiliates and Suppliers, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to your use of the Service or any Content.
2. Arbitration is more informal than a lawsuit. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 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). BY AGREEING TO ARBITRATE, YOU AND WE BOTH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT;except that either you or our Company may bring an individual action in a small claims court for a Claim that is within such court's jurisdictional authority.
3. Any arbitration between you and us shall 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 arbitration agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and we cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and us 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/.
4. In order to commence arbitration, you or we must first send via certified 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 Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested. Your Notice to us must be sent via certified mail to Vover LLC Attn: Brett Rowe. 3 E Third Ave #228. San Mateo, CA 94401. We will send any Notice to you at the contact information we have for you. It is the sender’s responsibility to ensure that the recipient receives the Notice. During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period. If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.
6. Any arbitration between you and us must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.
7. The arbitrator shall: (i) apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.
8. The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
9. Other than an arbitration initiated by you against our Company that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, we will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees. If you prevail in the arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
10. You and we both agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any mediation or proceedings of the arbitration, the arbitrator’s decision, or 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 such 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, or unless otherwise required by applicable law or a valid court order.
12. CLASS ACTION WAIVER: YOU AND WE BOTH AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR WE WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING.
If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.