1. ACCEPTANCE OF TERMS
1.1 No House Advantage LLC, (“NHA”, “We”, “Us”, or “Our”) provides a platform (the “App” or “Website”) for Users (“You”, “The Player”, or “User”) to participate in various Daily Fantasy Sports contests (“Contest”).
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW (SECTION 12), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Contests are not available for Users physically located in the following US states: Alabama, Arizona, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, Tennessee, Vermont, Virginia, and Washington (as described in section 2).
NHA is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates in anyway whatsoever (as described in Section 17).
NHA is not affiliated with or sponsored by the National Basketball Association, National Football League, the NCAA, or Major League Baseball.
In order to enter Contests, Users must do so through the use of deposits (as described in section 4). By depositing funds and entering a Contest, You are representing and warranting that:
- You are of 18 years of age or older to access the App and Website.
- You are a citizen or resident of the United States of America and have a valid mailing address in the United States of America.
- At the time of deposit or game entry, You are physically located in the United States of America in a jurisdiction in which participation in the contest is not prohibited by applicable law.
- You are compliant with the requirements of any applicable state fantasy contest laws.
- You have not accessed any pre-release, confidential information or other information that is not available to all other Users of a Contest and that provides the User an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body (e.g., pre-release injury information) (“Pre-Release Data”).
- You are not an employee of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the User’s participation in a Contest.
- You are not listed on any U.S. Government list of prohibited or restricted parties.
- When depositing funds or entering a paid contest, You are not physically located in of any of the following states: Users must be 18 years of age or older to participate. Contests will not be available for users physically located in the following US states: Alabama, Arizona, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, Tennessee, Vermont, Virginia, and Washington.
- 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.
- You are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes.
- 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.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to FanDuel, DraftKings and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy site, have access to certain Pre-Release Data may not enter any Contests in which a real money prize is awarded. If such person enters a Contest that awards prizes, NHA 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 User is employed by, operates or affiliated with. Additionally, NHA may maintain information about the User sufficient to assist NHA in blocking the user from entering future Contests, unless and until NHA determines, in its sole discretion, that the User is no longer an employee or operator of another daily fantasy site or no longer has access to any Pre-Release Data.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any of our 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 game-related employment can influence the gameplay are likewise ineligible.
It is the responsibility of each individual User to ensure that they comply completely with all federal laws and state and local laws in which they reside, concerning daily fantasy sports or to using any of the App and Website. NHA shall not be held responsible or liable for any transactions in any jurisdiction where such activities are deemed illegal.
If NHA determines that you do not meet the eligibility requirements of this section, then You are not authorized to use the Service. NHA may require you to provide proof that You are eligible to participate according to this section prior to receiving a prize. This includes requesting that You fill out an affidavit of eligibility or other verification information (as discussed in Section 3 below). If NHA otherwise determines that You do not meet the eligibility requirements of this Section, in addition to any rights that NHA may have in law or equity, NHA 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, NHA may pay out any withheld or revoked prizes to the other Users in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by NHA in its sole discretion. NHA also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. NHA employees may use the Service for the purpose of testing the user experience but may not withdraw money or prizes except when playing in a paid contest. Relatives of NHA employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other NHA employees or household members. NHA consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with NHA does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Winning a prize is contingent upon fulfilling all requirements set forth herein. Prior to receiving a prize, NHA may require that You submit proof of eligibility according to this section and this includes requesting that you complete an affidavit of eligibility. Should this be requested of you and not completed within 5 days or should NHA determine that You do not meet the eligibility requirements outlined in this section, in addition to any rights that NHA may have in law or equity, NHA reserves the right to terminate your account and withhold or revoke the awarding of any associated prizes. In the aforementioned situation, NHA would award any withheld or revoked prizes to the other contestants in such contest in a manner consistent with the prize structure of the contest at the sole discretion of NHA.
3. CONDITIONS OF PARTICIPATION
To participate in the App and Website, You must register for an account; in doing so, You must provide your date of birth, a valid email address, a valid telephone number and a unique Username and Password to be used when signing into your account on the App and Website. Your Username may not be one that NHA considers offensive, and it may not promote any commercial venture. When registering for an account, You agree to provide and maintain current and accurate information about yourself (the “Registration Data”). NHA can and will request current Registration Data from You, and You must provide this information upon request. You also must notify Us immediately when that information changes. If You provide inaccurate or incomplete data, or if NHA has reasonable grounds to suspect that such information is inaccurate or incomplete, NHA may terminate your account at its sole discretion.
3.2 Password & Account Security
Only one user profile is allowed per person to participate in the App and Website. If NHA discovers that You have opened, maintained, used, or controlled more than one account, in addition to any other rights that NHA may have, NHA reserves the right to suspend and/or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes. In addition, every user can only submit one entry per contest. Should NHA discover a User has submitted more than one entry, NHA reserves the right to suspend and/or terminate the account as well as withhold prize money from that User.
Upon registration, You agree to be bound by these Conditions and the decisions of NHA, which are final and binding in all matters. NHA, at its sole discretion, may deny access or block any transaction made using your account without prior notice if We believe your account is being used in an unauthorized manner. NHA may change your Username or require that You change your Username. NHA may also, at its sole discretion, disqualify any User from use of any portion of the App and Website, refuse to award prizes or require the return of any prizes, if the User engages in conduct that we deem improper, unfair or otherwise adverse to the operation of the App and Website, or is in any way detrimental to other Users. Improper conduct includes, but is not limited to:
- Falsifying personal information required to use any aspect of any App and Website or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to use any aspect of the App and Website or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the App and Website or of any User for any purpose.
- Any type of bonus abuse, abuse of the referral program, or abuse of any other offers or promotions;
- Tampering with the administration of any App and Website or trying to in any way tamper with the computer programs or any security measure associated with any aspect of any App;
- Obtaining other Users’ information and spamming other Users; or
- Abusing the App and Website in any way.
Users also acknowledge that the forfeiture and/or return of any prize shall in no way prevent NHA from pursuing criminal or civil proceedings in connection with such conduct.
By using any App and Website or accepting any prize, Users, including but not limited to the winner(s), agree to indemnify, release and to hold harmless NHA, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the App and Website, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize-related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. NHA may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded or receiving any prize. All entries become the property of NHA and will not be acknowledged or returned.
NHA is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an User to participate in the App and Website.), including without limitation any injury or damage to any User’s or any other person’s computer or video equipment relating to or resulting from participation in the App and Website; inability to access the App and Website, or any web pages that are part of or related to the App and Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or application or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE APP AND WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NHA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
To be eligible to use the App and Website or receive any prize, the Authorized Account Holder may be required to provide NHA with additional documentation and/or information, such as a government issued ID, Utility Bill (electric or cable), bank statement, or Social security number, to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, NHA will, in its sole and absolute discretion, utilize certain information collected by NHA to assist in verifying the identity and/or eligibility of such Authorized Account Holder. In the event the account cannot be verified, NHA reserves the right to any deposits or payout requests.
In order to participate in the App and Website, You may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that You are not subject to backup withholding tax because You are exempt from backup withholding or because You have not been notified by the Internal Revenue Service (IRS) that You are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified You that you are no longer subject to backup withholding. We are required by law to report all prizes paid out and will provide a 1099 Misc at the end of the year to You detailing what prizes were awarded to You to the IRS. MAKE SURE TO CLAIM ALL PRIZES AT THEIR FAIR MARKET VALUE (FMV) WHEN YOU FILE YOUR TAXES FOR THE YEAR.
Each year, all winners who have won $600 or more over the previous year must provide updated address and social security details to NHA. These details will be used to allow NHA to comply with tax regulations and these details may be shared with appropriate tax authorities. You solely are responsible for filing and paying applicable state and federal taxes on any winnings. NHA does not provide tax advice, nor should any statements in this agreement or on the App and Website be construed as tax advice.
3.5 NHA Rights
Where legal, all Users consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the App and Website. Winners agree that from the date of notification by NHA of their status as a potential winner and continuing until such time when NHA informs them that they no longer need to do so, that they will make themselves available to NHA for publicity, advertising, and promotion activities.
NHA reserves the right to move Users from a Contest they have entered to substantially similar Contest in certain situations determined by NHA in its sole discretion.
4. Depositing Funds and Free Play
4.1 Users must deposit funds using USD, in order to participate in the Contests. Deposits are non-refundable and cannot be cashed out. Users are only permitted to cashout winnings from a contest entry.
By depositing funds and entering 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 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.
4.2 Free Play
Your NHA registration may come with Free Play that can solely be used to enter Contests and cannot be redeemed for any other value. NHA also reserves the right to provide Free Play to any of its users at any time at its sole discretion.
Refunds can only be offered to users at NHA’s sole discretion.
6. GAME RULES, PRIZES AND PROMOTIONS
6.1 Game of Skill
NHA is a game of skill. Winners are determined by the criteria stated in each Contest’s rules located in the account tab. For each Contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and confidence level statistics to accumulate the most amount of confidence points. Confidence points are accumulated through the performance of individual athletes in sporting events. NHA offers contests for professional and collegiate sporting events taking place on a single day.
6.2 Entry Fees
For the various Contests offered by NHA, We announce the entry fee, if any, in advance, on the Contest’s page on the App and Website.
Prize pools are announced, in advance, and can be found by clicking on the info icon within any Contest. Winners are generally posted on the App and Website at the conclusion of each Contest, and prizes will be awarded instantaneously except in cases of technical failure or when technical failure or other reasons prevent such timely payout. Winners may be requested via email or regular mail to return an affidavit of eligibility, a publicity agreement, and/or appropriate tax forms by a specified deadline. Failure to comply with this requirement may result in disqualification. Any prize notification returned to NHA as undeliverable may result in the winner’s disqualification and the subsequent selection of an alternate winner. At the end of each Contest, the tentative winners are announced but remain subject to final verification. The Users in each Contest who fulfill all eligibility requirements and comply with all applicable rules may win the prizes as outlined in the posted details of such Contest. Prize calculations are based on the results as of the time when final scoring is tabulated by NHA. Prizes won are added to EACH winner’s account.
Once winners are announced by NHA, the scoring results will not be changed based on official adjustments made by sports leagues. However, NHA reserves the right to make adjustments as they see fit based on errors or irregularities in the transmission of the results information or in the calculation of the results. NHA has no obligation to delay the awarding of a prize in the anticipation of any such adjustment, and NHA reserves the right to reverse payments in the event of any such 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 uses of any prize are the sole responsibility of the winner. Should the awarding of any Contest prizes to winners be challenged by any legal authority, NHA reserves the right in its sole discretion to determine whether or not to award prizes or make adjustments to the prizes. In all disputes arising out of the determination of the winner of any Contests offered on the App and Website, NHA is the sole judge and its actions are final and binding.
Each Contest is governed by its own set of official rules. We encourage you to read such Contest Rules before participating.
Below is the criteria regarding any ties that may occur at the conclusion of a Contest:
Should a tie occur in a Contest, the Users who tie shall split the prizes allotted for ALL of the places that those Users tied for. For example, if in a certain Contest, the first place prize is $100 , the second place prize is $50 and the third place prize is $0, if two Users tie for first place and a third User finishes in third place, the two first place Users will split the prizes allotted for first and second place ($100 + $50), and thus each first place User would earn $75, and the third place winner would win $0.
In the event that there are more prize positions than Users, NHA reserves the right to not payout the excess prize money.
7. CONTEST STATISTICS AND LIVE SCORING
7.1 To the extent that we offer ‘live’ statistics during Contests, all ‘live’ statistics and other information provided through the App and Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and they are not used to determine the results of our Contests. While NHA and its vendors use reasonable efforts to include accurate and up-to-date information, neither NHA nor its third party providers warrant or make any representations of any kind with respect to the information provided through the App and Website and related information sources. NHA and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the App and Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
8. PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the App and Website and can be found in the NHA History section located in the account tab.
We also may conduct checks for compliance with our Terms, 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.
Deposits, and player winnings after contests are finished, are held in a separate, segregated bank account by NHA Player Reserve LLC, a subsidiary of No House Advantage LLC. No House Advantage may not use these funds to cover its operating expenses or for other purposes. User withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of No House Advantage’s subsidiary. Vendors, players, and creditors shall be aware that the funds in the segregated account are the property of NHA Player Reserve LLC, and do not belong to No House Advantage, LLC and are not available to creditors of No House Advantage, LLC, except for players whose funds are held in such account.
9. TERMINATION POLICY
10. DISCLAIMER OF WARRANTIES
10.1 THE APP AND WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APP AND WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE APP AND WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE APP AND WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE APP AND WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE APP AND WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE APP AND WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP AND WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE APP AND WEBSITE, ANY OF THE APP’S AND WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP AND WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE APP AND WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE APP AND WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE APP AND WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS.
11. LIMITATION OF LIABILITY
11.1 YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APP AND WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APP AND WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP AND WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APP AND WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE APP’S AND WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS APP AND WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APP AND WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PART OF THE APP AND WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE APP AND WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE APP AND WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, FOR CALIFORNIA RESIDENTS, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
12. ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
12.1 Binding Arbitration
a. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
b. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
c. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Company will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $30,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
12.2 Class Action Waiver
a. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY 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.
Arbitration will shall be initiated in the County of Los Angeles, State of California, United States of America, and You agree to submit to the personal jurisdiction of any federal or state court Los Angeles County, CA, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
12.4 Exception–Litigation of Intellectual Property and Small Claims Court Claims
a. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 30-Day Right to Opt Out
a. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: No House Advantage, 375 N La Cienega Blvd. Unit 514 Los Angeles, CA 90048. The notice must be sent within 30 days of Your first use of the App and Website, otherwise You shall be bound to arbitrate disputes in accordance with the Terms of those paragraphs. If You opt out of these arbitration provisions, the Company also will not be bound by them.
12.6 Changes to this Section
a. Company will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The content on the App and Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to NHA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the App and Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NHA reserves all rights not expressly granted in and to the App and Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the App and Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the App and Website or the Intellectual Property therein.
Aspects of the App and Website may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the App and Website. When you provide User Submissions, you grant to NHA, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information were part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of NHA, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to NHA, may result in account suspension or termination.
13.2 Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by NHA or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by NHA, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
15.1 Any and all of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited on the App and Website are the property of their respective owners.
16.1 Some of the information on the App and Website is obtained from sports organizations that do not have any affiliation with NHA. All team names, player headshots, and logos designs are registered trademarks of the teams indicated. All organization shield designs (NFL, NBA, MLB, NCAA, or NHL) are registered trademarks of each organization.
17. ADDITIONAL TERMS FOR NHA iOS APP
17.1 You acknowledge and agree that (i) these Terms are binding between you and NHA only, and Apple is not a party hereto, and (ii) You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
NHA is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates in anyway whatsoever.
18. NO WAIVER
19. SECTION TITLES
20. CONTACT INFORMATION
LAST UPDATED 07/21/2020