General Terms For Use Of The Service:
The Service offers Users (as hereinafter defined) access to (i) information, software and content owned or licensed by the Company and some third-parties ("Content Providers"), and (ii) merchandise and services offered by the Company and independent merchants ("Merchants"). "User" means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the User and a User's Account is not transferable. A User must be an individual who is of legal age (usually thirteen (13) years of age or older, although the laws of some jurisdictions may require Users to be older than thirteen (13)) and may not be a firm, business entity or institution. A User may permit use of the Service by other individuals in User's household, but the User remains solely responsible for all charges, if any, incurred by such individuals. By registering as a User and using the Service and any Company website, you accept and agree to comply with this Agreement, as modified from time-to-time, as well as all rules or policies posted in connection with products, including contests, offered by the Company ("Rules"), for as long as you remain a User. Except as expressly permitted in this Agreement or in applicable Rules, no portion of any information, content or software which is accessed by using the Service or accessing any Company website, other than information, content and software necessary for the operation of the User's Account (which shall be used solely in connection with User's Account) may be downloaded, copied, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.
Price, Payment & Eligibility:
The Company offers various fantasy sports contests and related products and services. Users must provide the Company with valid credit card information at the time of purchase. All fees will be charged at the standard fees in effect for the products and/or services being purchased by the User. The Company will not automatically renew any purchases. The Company reserves the right, in its sole discretion, to determine the eligibility of each User who purchases products and/or services from the Company.
The Company reserves the right, at any time, to (i) change the terms of this Agreement and/or any Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, changing the terms of eligibility, restricting the hours of availability, or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any features, contests, products or services offered through use of the Service. Users will be given prior notice (via either postings on the Company's website or emails to Users) before any increase in existing fees or charges will become effective. All other changes shall be effective immediately unless otherwise stated. Any use of the Service under a User's Account after notice of changes in fees and/or charges shall be deemed to constitute acceptance by the User of the changes in those fees and/or charges.
User Account Responsibility And Fees:
The User is responsible for insuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement and all applicable Rules. The User is responsible for protecting and maintaining the confidentiality of his or her password. If the User believes that his or her User Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of User's password), User must promptly change his or her password and notify the Company (as set forth in the Notices section below) to avoid liability for any unauthorized charges to User's Account. The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including payment of fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card, and (ii) all fees and charges (including, without limitation, entry, registration, and transaction fees) are non-refundable. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to fees and charges to the User's Account. Orders for purchases of products or services advertised on the Service by the Company, sponsors, advertisers, Merchants or by other third parties are subject to availability and acceptance. The Company is not responsible for delivery, warranties, guarantees or other matters concerning purchases from third parties. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The User is solely responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service.
The User is responsible for, and assumes all liability associated with, any material, information and/or disclosures made by User via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through, or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of the Company, any advertising or any solicitation with respect to products or services. Although Company does not and cannot review every message posted by Users on the Service, Company shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material or information from Users which Company, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Material (defined as messages, stories, articles, or website addresses) authored by User or authorized by User ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain and may be copied, published, distributed or otherwise used by Company (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by Company, and User waives all moral rights in such User Material.
Service Content; Software:
The Service (specifically, www.cdmsports.com) and all of the Company's websites contain copyrighted material. Except as expressly permitted by this Agreement or applicable Rules, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use as reasonably necessary for the operation of User's Account, provided the User preserves any copyright or other notices contained in or associated with them. Company shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Company employee or spokesperson. Service advertisers, Content Providers, Users, Merchants, guests, independent writers and experts are not authorized Company spokespersons. Users should not rely on the opinions, views, advice or statements provided by Service advertisers, Content Providers, Users, Merchants, guests, independent writers or experts for important personal decisions. Any use of Company software by Users must be with Company's express written permission pursuant to this Agreement and any applicable Rules. Any right to use Company software is granted only as a personal, revocable, nonexclusive and nontransferable license. Users shall not modify or copy any Company software.
Disclaimers And Limitation Of Liability:
THE USER AGREES THAT THE USE OF THE SERVICE, ANY COMPANY WEB SITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE") IS AT THE USER'S SOLE RISK. NEITHER COMPANY, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE. NEITHER COMPANY NOR ANY OF THE FOREGOING PERSONS MAKES ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND USE OF ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE USER'S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER'S ACCOUNT. IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE, OR CONTENT OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.
User agrees to defend, indemnify and hold harmless Company, its affiliates, Content Providers, and Merchants and their respective managers, directors, officers, employees and agents from and against all claims, causes of actions, damages, and related expenses, including reasonable attorneys' fees, arising out of the User's use of the Service or the User's Account.
Company may give notices to User, at Company's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which User obtains actual knowledge thereof. Notices by Users to Company must be given via electronic or conventional mail. Notices to Company via electronic mail must be sent to email@example.com. Notices to Company via conventional mail must be sent to: CDM Sports c/o RG Ventures, LLC, P.O. Box 31844, St. Louis, Missouri 63131, Attention: Support. Notices by a User to Company will not change the terms of this Agreement or any Rules.
Company may terminate this Agreement and the User's Account at any time, with or without cause. In the event that the User is dissatisfied with the Service for any reason whatsoever at any time, the only right available to the User is to terminate the User's Account and this Agreement by providing notice to Company. Company may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or any Rules or for other conduct by the User which Company, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. Company shall not be responsible for any consequences to User resulting from lack of User access. Suspension or termination of a User's Account by Company also terminates the User's license to use any software and/or content provided by Company. All agreements made in this Agreement which by their terms are to be performed or observed after termination, including, without limitation, those agreements made under the section headings "User Account Responsibility And Fees", "User Conduct", "Disclaimers And Limitation Of Liability", "Indemnification", and "Use Of User Information" shall remain in full force and effect and shall survive the termination of the User's Account and this Agreement, whether by Company or the User.
Use Of User Information:
Miscellaneous; Governing Law:
This Agreement, together with all applicable Rules, constitute the entire and only agreements between the Company and the User with respect to the Service and products and services provided by Company, and supersede all other communications and agreements with respect to the subject matter thereof. The Company reserves the right to modify this Agreement and the Rules from time-to-time in its sole discretion. The provisions of this Agreement are for the benefit of Company, its affiliates, Content Providers, and Merchants and their respective managers, directors, officers, employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. This Agreement shall be governed by and construed under the laws of the State of Missouri without regard to its conflict of laws principles, and the exclusive forums for resolution of any disputes arising under this Agreement shall be the state and federal courts located in St. Louis, Missouri. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.