Updated: October 17, 2017
Leagueswype is an interactive community of sports enthusiasts that provides for the storing and transferring of funds easily, quickly, & securely, making it the ideal custodial solution for all sports related transactions.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
Each User’s use of the Services is conditional, allowed only by acceptance of the conditions outlined in this document. In order to use the Services, you must read these Terms, agree and accept to be bound by all of the conditions contained in the Terms.
Leagueswype and all related logos, products and services described or appearing in the Services are either trademarks or registered trademarks of Leagueswype. The appearance, design and composition of the Leagueswype.com website and mobile application is original content, wholly owned by Leagueswype, and cannot be used, reused, copied, distributed, redistributed, or imitated without prior written approval from Leagueswype.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED BELOW. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED BELOW.
An Account is your personal registration with Leagueswype, through which you can use our Services.
An Owner is any natural or legal person that has created an Account through the Services.
A Commissioner is an Owner who creates or manages a League.
A League is a group of Owners, organized by a Commissioner, who participate in a given fantasy sports contest.
A League Bank is the custodial account used to collect entry fees from Owners related to a fantasy sports contest and the account from which prizes will be awarded to winner(s) of the contest, subject to a League’s individual rules.
An Leagueswype Wallet is the e-wallet of an Owner where funds can be deposited, withdrawn, transferred, or used in conjunction with the Services.
To create a League or participate in a League using the Services, you will need to create an Account with us either via the Services by authenticating through Facebook Connect, Google +, or through such similar registration process as we permit from time to time. You may open, maintain, use and control only one Account on the Services.
When you register for an Account or use our Services, any information you provide must be true, accurate and complete. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that Leagueswype may take steps to verify your eligibility or the accuracy of information you provide, including your age, location, and contact information. If your account information is not accurate, not current, or incomplete, or if Leagueswype has reasonable grounds to believe that your Account information is not accurate, not current, or incomplete, Leagueswype, in its sole discretion, may deny you access to certain Services. Leagueswype, acting reasonably, reserves the right to not open an Account for you.
You may only use our Services if you are eighteen (18) years of age or older.
You are responsible for taking reasonable steps to maintain the confidentiality of information related to your Account, including your username and password, and you are responsible for all activities under your Account that you can reasonably control. You should keep your log-in credentials confidential and never share them with a third party.
Leagueswype is not liable for any loss, damage, or other consequences as a result of your or someone else’s use of your Account. While the security, integrity and confidentiality of your personal information is extremely important, you understand and agree that no network is 100 percent secure and that Leagueswype is not responsible for any data breaches, “hacking” or other unauthorized access.
If you are a Commissioner, you have responsibilities and duties to your Owners. Commissioners must be honest and upfront at all times and make best efforts to fulfill their promises to Owners. Prizes or other payout to be awarded from a League Bank shall be distributed to Owners consistent with a League’s individual rules. Leagueswype shall not be liable for any action or inaction taken by it or a Commissioner in connection with its role in collecting and distributing funds from a League Bank.
If you are an Owner, you deposit entry fees or otherwise make payments in connection with a League at your own risk. Commissioners and Owners are solely responsible for resolving any payment issues arising out of your use of the Services, including the accuracy of any amounts paid and the recipients, as well as any disputes relating to your League’s individual rules, and Leagueswype shall not be responsible or in any way held liable for any such issues.
Leagueswype provides owners with discrete benefits including access to a variety of features, including league creation, message boards, online payment and the secure storage of funds for fantasy leagues, group events, and similar activities.
In order to be eligible to use the Services, Users must be at least eighteen (18) years of age, and a resident of the United States.
Further, Owners are eligible to use Services only if the fantasy sports contests in which they participate are legal in state or jurisdiction in which they reside. Any fantasy sports contests organized or conducted by a League must also meet the following criteria:
All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
No winning outcome is based: a) on the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or b) solely on any single performance of an individual athlete in any single real-world sporting or other event.
LS Wallet Setup
Leagueswype Owners can create a Leagueswype wallet (e-wallet) using a third-party payment processor, debit or credit card. You may use funds in your Leagueswype wallet, subject to certain restrictions set forth herein, in connection with League activities or as further provided by the Services. Withdrawals will be made from the Leagueswype wallet to a selected debit or credit card provided by the Owner or other method selected by the Owner.
The Commissioner will establish a League Bank upon creation of a League.
Upon league creation, the commissioner will choose a “Payout Rule” which will dictate how payouts will be awarded in connection with a fantasy sports contest organized or conducted by League. The Payout Rule establishes the level of control that each Owner or Commissioner has over the distribution of League funds collected.
Upon joining a League or paying an entry fee in connection with a League, Owners will be notified of the chosen League Payout Rule, and will be required to assent to the Payout Rule. Owners who do not assent to the Payout Rule cannot join the League or make a payment into the subject League Bank.
Currently there is one possible option for the Payout Rule:
Commissioner has total control. Any Owner who has been designated by the League as a Commissioner has the unilateral authority to distribute prizes from the League Bank to himself or the Owners in a League without any other Owner’s approval.
If there are indications of risk, fraud, or criminal activity, Leagueswype, at its discretion, may withhold, limit or restrict the distribution of League Bank funds, change a League’s Payout Rule, or take any other action it reasonable and appropriate under the circumstances. Notwithstanding, Leagueswype shall not be responsible or liable for any action or inaction taken by it, any Owner, or any Commissioner in connection with any League transactions. .
Upon creation of a League, the Commissioner will have the ability to invite people to join via email or text message. By doing so, the Commissioner is directing the League’s Ownership to be comprised of people who have been directly invited from the Commissioner.
You may deposit money into your Owner Bank for use in conjunction with the Services. Any funds in your Owner Bank are held in a bank account separate from Leagueswype’s operational bank account. Withdrawals by you will be made from this separate bank account. Account balances belong to you, subject to review for identity and eligibility verification, evidence of fraud, or prohibited conduct. If you do hold an Account balance, that Account balance represents an unsecured claim against Leagueswype and is not insured by the FDIC. Leagueswype may limit the amount you can deposit into your account at Leagueswype’s sole discretion and/or in accordance with deposit or withdrawal limits, as provided herein or at law.
You may withdraw funds from your Leagueswype wallet at any time. Withdrawals will be deposited directly into your bank account or third-party payment processor account, or such through other means as Leagueswype determines in its sole discretion. The minimum withdrawal is $1 U.S. dollars. For all withdrawals, Leagueswype may require you to provide certain information, including but not limited to your full name, valid mailing address, date of birth, and social security number. Prior to permitting a withdrawal, Leagueswype may conduct checks for Terms compliance, eligibility, identity verification, evidence of fraud or other prohibited conduct. Leagueswype reserves the right to suspend your Account or withhold any funds at any time and for any reason.
Note: All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our third-party payment processors or your financial institution, and you may be charged a service fee for such conversion. Please also be aware that our third-party payment processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Leagueswype, and Leagueswype recommends that you contact your financial institution directly for more information.
Disputes between Owners
Leagueswype is never responsible for resolving disputes between a League Commissioner and League Owners, or between League Owners. Leagueswype always recommends that intra-League disputes be resolved internally. In the event of a dispute that cannot be resolved between League Commissioners and/or Owners, Leagueswype, wholly at its own discretion, may choose to take the actions (including inaction) it deems most appropriate to protect the integrity of the League's funds.
No Owner may receive a withdrawal of $5,000 or more in any 30-day period. Remaining balances may be paid out in subsequent months. Additionally, at Leagueswype's discretion, funds may be delayed if there are indications of risk, fraud, or criminal activity.
It is the sole responsibility of each Owner to determine the applicability of any taxes that may be due as a result of participation in a League. Leagueswype is not responsible for tax advice, calculation of taxes that may be due, or filing or reporting tax data to any agency. This applies to all agencies and levels of government.
Owners can view their financial transaction history by visiting their dashboard. Leagueswype will provide viewable entries for transactions conducted in the current and previous years.
Assignment and Reassignment
The rights and obligations described in these Terms are non-transferable. Owners may not assign or reassign any of these Terms without the prior written approval of Leagueswype. Leagueswype reserves the right to transfer or assign these Terms or any right or obligation under this Agreement at any time without limitation.
Owners agree that they may be contacted via mail, email, phone, and/or postings on the Leagueswype website or mobile application. Notices sent via email or posted on the website or mobile application are considered to have been received within 24 hours of their delivery. On the My Settings page of the Leagueswype website and mobile application, Owners may elect to opt out of certain communications. Leagueswype reserves the right to refuse service to any Owner who cannot or will not accept communication in electronic form.
Compliance with Unlawful Internet Gambling Enforcement Act of 2006
Leagueswype has been designed with the goal of adding financial security to fantasy leagues and other similar pastimes. Leagueswype is not to be used as a tool to aid gambling. Further, fantasy sports contests organized or conducted in connection with a League must satisfy the definition of Unlawful Internet Gambling Enforcement Act’s definition of “fantasy sports,” as described in the Eligibility section of these Terms..
Users agree to allow Leagueswype to make inquiries necessary to validate their identity. This may occur through direct contact with Users, via third parties, or in any manner that Leagueswype, in its sole discretion, deems appropriate.
Leagueswype reserves the right to impose limits on the amount of money that can be associated with any transaction.
Reversals and Chargebacks
Upon the reversal or chargeback performed by any Owner, Leagueswype reserves the right to freeze all associated League and Owner funds until such a time as the reversal or chargeback has been resolved.
Owners agree that lost funds due to reversals and chargebacks are the obligation of the Owner and/or League. Leagueswype is never responsible for reversals or chargebacks. Losses of funds due to reversals and chargebacks are applied to the League Bank or the Owner Bank, at Leagueswype’s discretion. Further, any fees incurred by Leagueswype in processing or disputing reversals and chargebacks will become the sole obligation of the Owner and/or League, and will be deducted accordingly from to the Owner Bank and/or League Bank. Leagueswype recommends that Owners consider all available options before performing a reversal or chargeback.
Funds appearing in an Owner Bank or League Bank are separate from funds used to operate Leagueswype. Such Owner or League funds may be pooled into one or more accounts or investments in the name of Leagueswype and/or its banking/investment partners. This action has no impact on Owner Bank or League Bank balances and Leagueswype has no ownership of the principal amount of the Owner funds maintained by Leagueswype.
Assignment of Interest and Earnings Credit
Owner agrees that Leagueswype may invest the amounts deposited by Owner into an Owner Bank or League Bank in such manner as Leagueswype deems appropriate in its sole discretion. In exchange for the Services provided by Leagueswype, Owners agree to permanently and irrevocably grant and assign to Leagueswype all right, title and interest in any earned interest or other earnings that may be derived from funds deposited by Owner into an Owner Bank or League Bank. Owner agrees that Leagueswype is entitled to retain all amounts earned from such investments as a fee for the Services provided in performing Leagueswype’ s obligations under the Terms.
Escheatment of Funds
If a n Owner's Account lies dormant for more than 24 months, Leagueswype may be required to escheat Owner Bank balances to the Owner's state of residence listed in the website's registration database. If the Owner's state of residence is unavailable, unknown, or incorrect, funds will be escheated to the State of Minnesota. Leagueswype will send email notification to Owner of intent of escheatment 30 days prior to the escheatment. Failure to respond to the email by removal of funds will result in escheatment. After escheatment, Owners who wish to reclaim their funds may begin a claims process with subject state's unclaimed property department. Owners may not hold Leagueswype responsible or liable for any escheatment conducted pursuant to this section.
Leagueswype is Not Responsible
We provide our Services as a neutral platform for owners to transact with each other. Leagueswype is not directly involved in the transactions between Commissioners and Owners, and Leaguswype does not provide any assurances that Commissioners or Owners will fulfill their obligations to each other or to others. The actions of Commissioners and Owners are their own, and Leagueswype does not support, endorse or join them.
Users may be provided links to other websites or resources. If you choose to access them, you do so at your own risk. We do not control or endorse third-party websites or other resources.
You are solely responsible for paying any applicable taxes or costs for your use of the Services, which are not payable to or through us.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Leagueswype. By way of example, and not as a limitation, you agree not to:
Use our Services in a manner that violates any laws, regulations, ordinances, or directives.
Aid or facilitate any illegal gambling activities, whether conducted via the Internet or otherwise.
Buy or sell any goods or services through the Services.
Advertise to, or solicit, any user to buy or sell any products or Services, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to Users without their prior explicit consent
Lie to or mislead other Users.
Abuse, harass, impersonate, intimidate or threaten other Leagueswype Users;
Distribute unsolicited or unauthorized advertising or promotional material, junk mail, spam, or chain letters.
Run mail lists, listservs, or any kind of auto-responder or spam on or through our Services.
Interfere with the proper functioning of any software, hardware, or equipment on our Services (whether it belongs to Leagueswype or anyone else).
Impersonate Leagueswype or its officers, agents, employees, or representatives on our Services or elsewhere.
Engage in any conduct that inhibits anyone's use or enjoyment of our Services.
Send or receive funds that are or are likely to be fraudulent.
Cycle funds using a prepaid card.
Use our Services in any way that is likely to result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or any liability to Leagueswype, you, or anyone else.
Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party.
Create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of Leagueswype, any Users, or any third party.
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User.
Use our Services in any way contrary to these Terms.
For any violations of the above terms or upon receipt of claims or allegations from other Users, third parties, or authorities related to a violation of the above terms, you acknowledge and agree that Leagueswype, in its sole discretion, may take action to protect itself, its Users, affiliates, service providers, and third-parties. Such actions may include, but are not limited to, the following:
Update Owner account information to correct inaccuracies.
Void your deposits or winnings.
Suspend, limit, or terminate your Account and any and all current or future use of the Services (or any portion thereof).
Contact a User’s bank(s), credit card issuer(s), credit rating firms, and any other financial institution deemed appropriate in the sole judgment of Leagueswype.
Leagueswype also reserves the right to inform the relevant authorities, and/or pursue criminal or civil proceedings in connection with such conduct.
To report violations of these Terms, please contact us at email@example.com.
We’re always working to improve Leagueswype and make our Services better, so we reserve some rights. In our sole discretion, we may, at any time, with or without notice:
Change, eliminate or restrict access to our Services.
Refuse service to anyone or terminate User Accounts.
Modify, suspend, close, or remove a League.
Cancel or refund any amounts transmitted to any League Bank.
We periodically review these Terms and may change them from time to time. If we make material changes, we will notify you as required by law. If you continue using the Services after notice is provided, you accept the new Terms. If we are required to amend these Terms more quickly by law (i.e., a result of a court decision), we may do so and notify you as soon as possible before or afterwards.
Message Board and Forum Etiquette
For the convenience of each League, Leagueswype offers message boards which allow Users to leave messages for one another. The content of these messages are self-governing. In other words, Leagueswype has the right, but not the obligation, to monitor, screen, post, modify, or remove any such message board posts. Leagueswype is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by Users. Any message board posts are subject to and must comply these Terms, including the User Generated Content provisions below. Leagueswype reserves the right to take action in response to any breach of these Terms, including but not limited to refusing to provide the Services to the offending User or League, suspending your Account, removal or modification of any message board posts, and/or pursuing any and all remedies available at law.
How to Disable Your Account
You can disable your Account at any time by logging into your Account and updating your profile settings. You must disable your own Account. We cannot do it for you.
Terminated and Abandoned Accounts
You can stop using our Services at any time, upon which time we will disable your Account. However, you will be responsible for any contractual obligations, fees, taxes, or costs that you incurred or authorized before you stopped using the Services. If you do not log in to your Account for two or more years, we may disable your Account without notice.
Leagueswype’s Intellectual Property and Other Rights
Leagueswype Content and Branding
Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by Leagueswype or used with permission or under license from a third party (hereinafter collectively referred to as the “Third-Party Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Leagueswype and you, all right, title and interest in and to the Content will at all times remain with Leagueswype and/or its Third-Party Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks Leagueswype. Leagueswype does not transfer ownership, license, or title to any portion of the Content to you, and any unauthorized use is prohibited.
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Leagueswype does not claim ownership to your User Generated Content; however, you grant Leagueswype a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Leagueswype to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold Leagueswype and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Leagueswype by any third party arising out of or in connection with Leagueswype’s use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Leagueswype or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that Leagueswype authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of its copyrighted works, Leagueswype grants you a non-exclusive license to create a derivative work using its copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Leagueswype of all rights in the work you create. If such rights are not assigned to Leagueswype, your license to create derivative works using Leagueswype copyrighted works shall be null and void.
Leagueswype has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. Leagueswype is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Copyright Takedown Notices and Counter Notices
Leagueswype complies with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is Leagueswype's policy, in appropriate circumstances and at Leagueswype’s sole discretion, to disable the Accounts of Owners who repeatedly infringe the copyrights or other intellectual property rights of others. Notifications of claimed copyright infringement and counter notices should be addressed to firstname.lastname@example.org, or via physical mail to Leagueswype LLC, Attention: DMCA Designated Agent, 417 Des Plaines Ave, Forest Park, IL 60130. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
Warranties and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT LEAGUESWYPE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE DATA OR OTHER DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF PLAYLINE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT LEAGUESWYPE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. PLAYLINE DOES NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.
LEAGUESWYPE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED BY A THIRD PARTY THAT APPEARS ON THE LEAGUESWYPE SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PLAYLINE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM SUCH INFORMATION AND CONTENT, OR FROM CAUSES BEYOND LEAGUESWYPE’S REASONABLE CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLAYLINE DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Leagueswype and Leagueswype subsidiaries and our officers, directors, agents, partners, and employees from any and all claims, damage, loss, liability, cost, and expenses (including attorney and professional fees) resulting from any demand, claim, investigation, or proceeding arising out of, related to, or in connection with the following, without limitation: (A) your use of the Services, (B) your breach of these Terms, or of any representation or warranty contained herein, (C) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, (D) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or (E) any misrepresentation made by you. Leagueswype will give you notice of any such matter; however, any failure or delay by us does not negate your defense or indemnification obligations or waive Leagueswype’s rights to seek payment for defense or indemnification from you. We reserve the right to assume the exclusive defense and control of any matter that is subject to defense or indemnification, and you agree to cooperate fully in the defense of any such claim, demand, investigation, proceeding, or matter. You will not settle any claim that affects Leagueswype or any of the parties listed above without Leagueswype’s prior written approval.
Law Governing Legal Disputes
The laws of the State of Illinois govern this agreement, as well as any dispute, claim, or controversy that may arise between you and Leagueswype, without regard to conflict of law provisions.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
You and Leagueswype agree to arbitrate all disputes between you and Leagueswype, except disputes relating to the enforcement of Leagueswype’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Leagueswype concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Leagueswype empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Leagueswype must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to Leagueswype, LLC., Attention: Legal/Arbitration Notice, 417 Des Plaines, Forest Park, IL 60130. Leagueswype will send any notice of dispute to you at the contact information Leagueswype has for you. You and Leagueswype will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or Leagueswype may commence arbitration. You or Leagueswype may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Leagueswype do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AND LEAGUESWYPE ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. You and Leagueswype agree that any arbitration shall be conducted in each parties’ individual capacities only and not as a class action or other representative action, and both you and Leagueswype expressly waive your respective rights to file a class action or seek relief on a class basis. YOU AND LEAGUESWYPE AGREE THAT EACH 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 PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and Leagueswype agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You agree that software of ours that you download, such as a stand-alone software product, an application, or a browser plugin, may periodically download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop that software.