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Center Authority
By registering for an account as a bowling Center, you hereby acknowledge that you have authority on behalf of the Center to enter into this contract and the Center agrees to the Privacy Policy and Terms of Service. Further, the Center hereby agrees that any Events that are registered through LeaguePals are bound to use LeaguePals for the entirety of the relevant bowling season. The Center may only cancel at the end of the season and cancellation in the middle of the season shall continue to obligate all Events dues to be paid through LeaguePals for the remainder of that season.
LeaguePals Terms of Use
TERMS OF SERVICE
Updated: November 16, 2023
Welcome to LeaguePals! This Terms of Service (“Agreement”) constitutes a valid and binding agreement between LeaguePals Inc., (together with its affiliates, successors and assigns “LeaguePals,” “we,” “our,” or “us”) and any visitors, users, and others who access our Services (“User,” “you,” or “your”). This Agreement explains the terms by which you may use our online and/or mobile services, application, website, and/or software (collectively the “Services” ).
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services. LeaguePals may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the last modified date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18), an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into this Agreement. If you are under 13 years of age, additional restrictions apply (as provided herein) to be eligible to use the Services. In certain instances, LeaguePals may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof.
1. Use of Our Services
a. This Agreement governs your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and LeaguePals, and you agree to be bound by all terms and conditions herein. LeaguePals’ acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
b. Immediately upon joining LeaguePals, users join a membership with distinct benefits including access to a variety of administrative features, including game information and results, dashboards, message boards, virtual wallet or online payment and the secure storage of funds for leagues (“League”). Through the Services, Users can view all of their League financial transactions. LeaguePals offers a variety of automated mechanisms that help Leagues safeguard their funds in ways traditional methods cannot. LeaguePals also automates the process of sending payment reminders to Users who have a pending payment request. Users are able to register as a Center Admin, League Admin or Player.
c. Leagues are not operated or administered by LeaguePals or under the Services defined above. Users shall contact the League Admins and/or Center Admins for all league rules, prize funds, payouts and any and all League related information. d. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
e. LeaguePals will use commercially reasonable efforts to make the Services available pursuant to this Agreement except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. LeaguePals reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.
2. License.
a. Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable, personal license to use the Services as permitted by the features of the Services. LeaguePals reserves all rights not expressly granted herein in the Services and the LeaguePals Content (as defined below). LeaguePals may terminate this license at any time for any reason or no reason.
b. You acknowledge and agree that the Services are licensed solely for your own personal use and you may not use the Services for any other purposes, without prior written authorization from LeaguePals. You agree to not: (a) grant access to any third party for any purpose whatsoever without the prior written consent of LeaguePals; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) rent, sell, sublicense, lease, permit, transfer, copy, reverse engineer (except to the extent that such restriction is expressly prohibited by law), decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; I remove any proprietary notices from the software of elsewhere on the Services; (f) use the Services to provide time sharing or similar services for any third party; or (g) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by us. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. LeaguePals reserves all rights not expressly granted under this Agreement
c. Any third-party code that may be incorporated in the Services is covered by the applicable open source or third-party license, if any, authorizing use of such code. d. You acknowledge that LeaguePals may from time-to-time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
3. Accounts
a. In order to use the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. LeaguePals reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. Once you create an Account, LeaguePals may verify your identity before you may access and/or use the Services. By setting up an Account and providing your information, you agree to allow LeaguePals to make inquiries reasonably necessary to validate your identity. Such verification may be handled by direct contact with Users, or via third parties.
b. In order to be eligible to use LeaguePals services, Users must be at least 18 years of age, and be a resident of the United States. For Users under the age of 18 years of age, Users must have permission for a parent or guardian to use LeaguePals. Users may use LeaguePals for the purposes outlined in these Terms.
c. Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users (i.e. Center Admins, League Admins or Players). If you open a LeaguePals Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
d. You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify LeaguePals immediately of any breach of security or unauthorized use of your account. LeaguePals will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
e. You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, and as part of the Services, you may receive emails or SMS texts to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use emails or SMS texts to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
4. Services Rules
a. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) penetration testing the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
b. You may not use the Services for any purposes other than those specifically permitted or allowed through the Services. You may not use the Services for the following restricted activities: i. As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006; ii. As an aid to offline gambling; iii. As part of a sale of goods or services.
c. League Admins and Center Admins specifically acknowledge and agree, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, that: i. 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. ii. All winning outcomes are determined predominantly by accumulated statistical results of the performance of teams. iii. No winning outcome is based 1. on the point spread; 2. solely on any single performance of an individual athlete in any single real-world sporting or other event.
5. User Content
a. The Services may contain social media features and access for Users to promote and discuss their Leagues and play, including, but not limited to, bulletin board services, chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities.
b. You are solely responsible for any and all User Content which you submit, make available, or publicize through the Services. You represent and warrant that all of your User Content is accurate and not misleading and is not in violation of any third-party rights. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your User Content. Other than your personal information, your User Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your User Content. “User Content” means all information, photos, documents, messages, queries, and any other text, content, or data that a User submits, makes available or uploads to the Services or otherwise provides to us for use with the Services, including feedback on the services and/or other Users.
c. You will not use the Services to upload, download, display, perform, transmit, or distribute any User Content that is, nor will you engage in any activities that are deceptive, abusive, threatening, tortious, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You further agree that you will not submit any User Content that contains Prohibited Materials. “Prohibited Materials” means, as determined in our sole discretion, (i) pornography or sexually explicit content, (ii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iii) materials promoting illegal activities; (iv) profane or obscene language, (v) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights), (vi) defamatory, libelous, obscene, offensive or harmful material, (vii) materials that violate any applicable laws, or our written policies and procedures, and (viii) materials that otherwise violate this Agreement.
d. Any information or User Content that you obtain or receive through the Services is for informational purposes only. We make no representation as to the completeness, accuracy or correctness of any information within the Services.
e. You must evaluate, and will bear all risks associated with, the use of or reliance on User Content obtained through the Services. We are under no obligation to review any User Content (including any messages) posted on or sent through the Services; we will not pre-screen or actively review User Content but we may refuse or delete any User Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of this Agreement, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services, including without limitation your posting of or visits to games, is solely your responsibility. LeaguePals is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable. We will have no obligation or liability to you to maintain, store, or license any User Content.
f. You acknowledge and agree that User feedback benefits the efficiency of the Services, and you specifically request that LeaguePals post such feedback about Users, including yourself. You further acknowledge and agree that LeaguePals will make such content available to other Users.
g. User’s Content may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. We reserve the right at all times to remove or refuse distribution of any User Content. Certain User Content (excluding any personal or Confidential Information) transmitted to certain parts of the Services, may be posted in public areas on the Services, including without limitation in a compilation format, and as such will be publicly visible and accessible.
6. Children
a. If you are under the age of 18, you must get permission from a parent or guardian before you register and use the Services. You should review these Terms with them to make sure that you and your parent or guardian understand them. In addition, you must obtain permission from your parent or guardian any time payments are made through LeaguePals. Your parent or guardian may revoke their consent for you to use the Services at any time. We will disable your access to the Services if your parent has expressly refused or revoked their consent for you to use them. If your parent or guardian refused or revokes their consent, you may not use or continue to use your Account, create another Account or access or use the Services by any other means unless your parent or guardian provides their consent again or until you are 18 or older. We may withdraw or terminate your access to the Services for any other reason at our sole discretion.
b. We have taken the following measures to protect children under the age of 18: i. We only allow minors to register for the Services if they confirm they have obtained your permission to use the Services. ii. We only collect a limited amount of personal information from your child, as provided herein and in our Privacy Policy. iii. We will immediately suspend your child’s access if you inform us that you do not wish to permit your child to use the Services. We will delete their Account (including any personal information collected from them) within seven (7) days after receiving your request. iv. We want all Users, including children, to feel safe when using the Services. We therefore encourage all Users to use our Services responsibly. If we become aware that a User is harassing or bullying anyone through the Services, we will take firm and swift action against them, which may include temporary or permanent blocking of their access to the Services.
c. What we do not do: i. We do not make your child’s access or participation conditional upon your child disclosing more personal information than is reasonably necessary for them to enjoy the Services. ii. We do not give out or display any information we collect about your child on LeaguePals.com or any other website. iii. We do not allow Users to send direct messages to each other through the Services. iv. We do not send any marketing messages to your child if they are under the age of 16. We will only send marketing messages to Users under 18 but over 16 if they have opted-in and have told us that they have obtained your permission. v. Credit card or other payment information will only be maintained by our Payment Processor if your child is over 16, otherwise payment information must be entered each time weekly dues are paid for. If you prefer to have an Account where payment information is saved by our Payment Processor for easier payment, please open an Account for yourself in order to manage your child’s payments and leagues.
d. Additional for children under the age of 13. We know it is important for children to benefit from stronger controls. Therefore, we take additional measures to protect children under the age of 13. We will only allow your child access to the Services if we have received your express permission to do so and checked with you that you have provided that permission. We will not store or use the limited personal information we collect from your child if you do not provide that permission. To help you through this process, we have explained below the steps of the process that will occur when your child wishes to register with and access the Services. This process is designed to protect the privacy of your child and to comply with data protection and privacy law. i. The registration process begins when your child tells us that they are under 13 years of age by entering their date of birth during the registration process. ii. If your child informs us they are under 13 years of age, we will ask them to provide their first name, their country of residence and your email address so that we can obtain your permission. iii. We will send an email to the email address that your child provided for you to inform you that they have registered an Account. This email will ask you to indicate electronically whether you consent for us to collect the personal information your child has provided to us for the purposes described herein and our Privacy Policy and for your child to use and access the Services. The email will also contain: 1. details of the types of personal information we have collected from your child and how we wish to use that information. This information is also set out in detail below; 2. our confirmation to you that we will not collect any further personal information from your child and that we will not use any personal information we have collected, unless we have already received your permission to do so; 3. instructions as to how you can provide us with your consent electronically and agree to this Agreement on behalf of your child. iv. If you indicate that you do not wish to provide your consent or if you do not respond to our email within seven (7) days of receiving it, we will not allow your child access to the Services and we will delete any personal information we have collected from them. v. If you do provide your consent, we will allow your child access to the Services and electronically verify your consent. vi. We only collect the limited personal information from your child which we request directly. For further details on the information we collect and how we use that information please see our Privacy Policy. vii. We only use your child’s personal information for internal purposes. viii. We do not allow your child to link their Account with a social networking site such as Facebook. ix. If we make material changes to how we collect and use personal information from children under the age of 13, we will notify you by email in order to obtain verifiable consent for the new uses of your child’s personal information.
7. Proprietary Rights
a. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “LeaguePals Content”), and all intellectual property rights related thereto, are the exclusive property of LeaguePals and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any LeaguePals Content. Use of the LeaguePals Content for any purpose not expressly permitted by this Agreement is strictly prohibited. This Agreement does not provide you with title or ownership of any Services or LeaguePals Content, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and LeaguePals does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights.
b. LeaguePals does not claim any ownership of the User Content submitted, posted, or displayed through the Services. You retain any and all ownership rights to the User Content that you submit and are responsible for protecting those rights. With respect to any User Content you submit or make available through the Services (other than personal or Confidential Information), you grant to LeaguePals a perpetual, irrevocable, nonterminable, worldwide, royalty-free, non-exclusive, sub-licensable, right and license to use, copy, modify, create derivative works from, display and distribute, via any present or future medium, your User Content in order to provide the Services.
8. Payment
a. Certain aspects of the Services may be provided for a set fee, monthly or annual subscription, or other charge (“Fees”). You agree to the pricing and payment terms as we may update them from time to time. LeaguePals may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or at the end of your current subscription. LeaguePals will provide you with prior notice of any change in Fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.
b. All Fees due from you to LeaguePals shall be paid in advance. LeaguePals offers three league payment options: credit/debit card, bank payment, and cash payment. All payment options will be associated with a transaction fee, which is calculated as (number of weeks paid for multiplied by the weekly transaction fee) = transaction fee. Users will be informed of the weekly transaction fee when payments are processed. The originating League User (“League Admin”) will choose which payment setting will be available for all League Users.
c. Please note that any payment terms presented to you in the process of using or signing up for Services are deemed part of this Agreement. LeaguePals uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. LeaguePals reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize LeaguePals to withhold any monies and/or debit any monies from any account that you have identified to LeaguePals for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to LeaguePals.
d. You may cancel your Account at any time. However, you acknowledge and agree that there shall be no refunds under this Agreement for any reason. You are responsible for paying any balance or cancellation penalties due under your League rules, and LeaguePals will not be responsible for any deficiencies in League dues as a result of your cancellation. In addition, any prizes won through participation in a League may be discounted to reflect outstanding dues balances that are a result of your cancellation or a cancellation on the part of another User associated with your team. In the event that LeaguePals suspends or terminates your Account, or this Agreement, for any reason or no reason, you understand and agree that you shall receive no refund or exchange for any Trophies, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Account, or for anything else.
e. When using the Services, you may accumulate fictional property ("Trophies") related to the Services that reside as data on Leaguepals' servers. Notwithstanding any value attributed to such Trophies by you or any third party, you understand and agree that these Trophies, and any other data, Account history, Account content and User Content residing on Leaguepals' servers, may be deleted, altered, moved or transferred at any time for any reason in Leaguepals' sole discretion. Leaguepals does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any such Trophies or other data residing on Leaguepals' servers.
f. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases. In the event that any amount payable by you to LeaguePals is subject to Taxes, LeaguePals may collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which LeaguePals is entitled. You will reimburse and indemnify LeaguePals for any Taxes, interest, and penalties that LeaguePals may be compelled to pay on account of your nonpayment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to LeaguePals is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by LeaguePals; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which LeaguePals is entitled under the Agreement. You will indemnify and hold LeaguePals harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.
g. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
9. Privacy
a. We care about the privacy of our clients. LeaguePals’ privacy practices are governed by LeaguePals’ privacy policy, the most updated copy of which can be found at www.leaguepals.com/privacy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that LeaguePals does not own or control.
10. Security
a. LeaguePals cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services and content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure by our personnel. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. Third-Party Links and Information
a. The Services may contain links to third-party sites, tools or materials that are not owned or controlled by LeaguePals. LeaguePals does not endorse or assume any responsibility for any such third-party sites, information, tools, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and LeaguePals’ Privacy Policy do not apply to your use of such sites. You expressly relieve LeaguePals from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that LeaguePals shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Representations and Warranties
a. You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you will use the Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you own or have sufficient rights in and to the User Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such content to LeaguePals, that any use by LeaguePals of such User Content as contemplated in this Agreement will not infringe on the rights of any third party or violate any applicable laws or regulations, and that such content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.
b. You further represent and warrant that you will not share your log-in ID or password or any of the information contained within the Services with any third party whatsoever without the explicit written permission of LeaguePals. For the purpose of clarity, this includes providing access to, or allowing, third parties to log-in through your account, as well as copying and sharing reports and/or contact's emails, names or phone numbers, with any other individual, business, marketing or survey company. You agree that you alone will be responsible for paying LeaguePals and other related parties, any damages, losses, penalties and costs whatsoever related to a breach by you of this section.
13. Indemnity
a. You acknowledge that Leagues are not operated or administered by LeaguePals or operated under the Services. You agree to defend, indemnify and hold harmless LeaguePals and its subsidiaries, agents, officers, directors, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from or related to: (i) your use of and access to the Services, including any User Content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any applicable law, rule or regulation; (iv) your use of the Services to meet another User in-person or to locate and/or visit any offline place or event; (v) any other party's access and/or use of the Services with your unique username, password or other appropriate security code; or (vi) bodily injury, wrongful death, loss of services, property damage, and/or any other reason, which may arise out of your use of the Services and/or any activities, games, and/or other events in which you participate that in any way arise from, are found through, or are otherwise coordinated through your use of the Services.
14. No Warranty
a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEAGUEPALS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHERMORE, AND WITHOUT LIMITATION, LEAGUEPALS DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
b. LEAGUEPALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LEAGUEPALS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.
c. PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. LEAGUEPALS AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING LEAGUEPALS OR PARTICIPATING IN ACTIVITIES ORGANIZED USING LEAGUEPALS. LEAGUEPALS AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE LEAGUEPALS ACTIVITIES ARE PLAYED. USERS WHO PARTICIPATE IN LEAGUEPAL’S ACTIVITIES DO SO AT THEIR OWN RISK
d. LEAGUEPALS MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. LEAGUEPALS ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. LEAGUEPALS DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT, COMMUNICATIONS, ACCOUNT INFORMATION, ORPERSONAL SETTINGS. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT LEAGUEPALS AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
e. YOU AGREE THAT LEAGUEPALS HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF LEAGUEPALS WITH REGARD TO SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT SIGNED BY BOTH PARTIES.
f. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
a. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER AS CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF LEAGUEPALS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAGUEPALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE FEES AND OTHER CHARGES WHICH LEAGUEPALS IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LEAGUEPALS OF THE RISK OF YOUR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEAGUEPALS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
a. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and the State of New Jersey as it applies to a contract made and to be performed in such state. You consent and agree that the state and federal courts of Passaic County, New Jersey shall have personal jurisdiction over you, as well as subject matter jurisdiction with respect to any provision of this Agreement, and shall be the exclusive forums for any litigation arising out of or relating to this Agreement, subject to section b below. You also agree to and hereby waive your rights to a trial by jury and agree to accept service of process by mail.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEAGUEPALS. For any dispute with LeaguePals, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that LeaguePals has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the American Arbitration Association (“AAA”), except as provided herein. The arbitration will be conducted in Passaic County, New Jersey, unless you and LeaguePals agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LeaguePals from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LEAGUEPALS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. d. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
17. DMCA Notice
a. We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information: i. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. ii. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. iii. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. iv. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
b. Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to [email protected].
18. General
a. International Users. Unless otherwise explicitly stated, we control and operate the Services from our facilities in the United States of America. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable regulations, including but not limited to export and import regulations. Information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which LeaguePals or its affiliates, subsidiaries or service providers maintain facilities. If your information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards. If you are an international User, you acknowledge that by using the Services, you are: (a) permitting the transfer of your information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your information in accordance with our Privacy Policy. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
b. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LeaguePals, but may be assigned by LeaguePals without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Notification Procedures. LeaguePals may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by LeaguePals in our sole discretion. LeaguePals reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. LeaguePals is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
d. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
e. Entire Agreement / Severability. This Agreement, together with the Privacy Policy and any amendments and any additional agreements you may enter into with LeaguePals in connection with the Services, shall constitute the entire agreement between you and LeaguePals concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
f. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LeaguePals’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
g. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
h. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement. Each capitalized term used in this Agreement (including any schedule or exhibit of this Agreement) shall have the meaning attributed to it in any part of this Agreement (including any such schedules or exhibits).
i. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination.
LeaguePals Privacy Policy
LAST UPDATED: November 20, 2023
Welcome to LeaguePals! LeaguePals is provided by LeaguePals Inc. (collectively referred to herein as “we,” “us,” “our,” or “LeaguePals”). We respect your privacy and the importance of the information you entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you use our online and/or mobile services, application, website, and/or software (collectively the “Services”), how we may use and disclose the information, and how you can control, correct and/or update the information. By accessing or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. This Policy shall be read in conjunction with our Terms of Service and all the relevant provisions of the Terms of Service (including but not limited to indemnification, limitation of liability, governing law and dispute resolution) shall mutatis mutandis apply to this Policy and be deemed to be incorporated herein by reference. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms of Service.
Please note that this Policy does not apply to your use of third-party sites, services, or applications you may access through the Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.
In order to use certain features of the Services, you must consent to: (a) the use of your phone's location to provide the Services to you, including the display and disclosure of that location information to your LeaguePals friends and within your geo-tagged messages and content; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from LeaguePals usage. Data and messaging (including SMS text messages) plans are required to use the mobile features of the Services. Standard data and messaging charges, fees, and taxes from your carrier apply.
INFORMATION WE MAY COLLECT
Information You Provide to Us
We collect information you provide directly to us when using the Services or as a participant in a sports program that uses our Services. For example, we collect information when you download our mobile application(s), register for our Services, sign up for an Account, complete a form, participate in any interactive features of the Services, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, mailing and billing address and payment information, and any other information you choose to provide including, for example, the record of your team(s). For purposes of registering and using the Services, we collect certain information that can identify you, such as your name and contact information (email, address and phone number) (“Personal Information”). We will never sell, rent, or trade your Personal Information or use Personal Information other than as needed to provide the Services requested by you. If you choose not to provide information that is necessary to provide the Services, you may not be able to use certain aspects or all of the Services. LeaguePals discloses Personal Information only to those of its employees, contractors and affiliated organizations that (i) need to know the information in order to process it on yours and our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein. We also may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account. Depending on the nature of your inquiry or activities on the Services, we may also ask for other information relevant to your use of the Services. In addition, LeaguePals will share certain personal information with other Users of the League to which you belong in order for the Services to be provided as expected.
You acknowledge and agree that communications, including phone calls or “chat” services, with LeaguePals or our third-party agents may be monitored, recorded and retained by LeaguePals. You consent to the monitoring and recording of all conversations between you and LeaguePals and you release us from and against any and all claims, liabilities and losses that may result from any such monitored and/or recorded conversations.
Information We Collect Automatically When You Use the Services
When you access or use the Services, we automatically collect information about you, including the following:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Services. Publicly available tools can sometimes provide the approximate location for IP addresses. - Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. - Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.We also may collect other types of information in the following ways when you use the Services:
- Details of how you used and interacted with the Services, such as your search queries and how you responded to certain questions. - Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. - Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track your movements around the Services and understand trends.Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Services and processing payment transactions. We also may receive information about you from the third parties with whom you interact through the Services. LeaguePals may validate personal information Users provide, or request additional information from credit bureaus or other third parties, to assist us in establishing and authenticating a User's Account, and verifying the accuracy of the information that Users provide. Information obtained from third parties and linked with your personal information is safeguarded by confidentiality agreements and to the extent required by law.
USE OF INFORMATION
We may use information about you for various purposes, including the following: - Provide, maintain, improve and deliver the products and Services you request, process transactions, and send you related information; - Verify your identity and, if applicable, authorization for you to use the Services; - Facilitate use of the Services; - Process payment for Services; - Analyze and draw trends from the aggregated statistics of the User activity; - Provide personalized recommendations and maintain general and personalized content; - Manage your Account and your preferences; - To prevent or address service, security, technical issues at your request in connection with customer support matters; - Respond to your comments, questions, and requests; Send you technical notices and other administrative messages; - Communicate with you about products, services, offers, promotions, rewards, and events offered by us or others, and provide news and information we think will be of interest to you; - Monitor and analyze trends, usage, and activities in connection with security-related initiatives and the Services; - Conduct research, analysis, and surveys; - Personalize and improve the Services and provide content or features that match User profiles or interests; - Enforce our Terms; - Link or combine with information we get from others in connection with the Services; and - Carry out any other purpose for which the information was collected.
Except to which you belong, any personally identifiable information about you for any purpose without your express prior consent. LeaguePals will not give, sell, rent, or share your information to other parties for their marketing purposes.
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Services. In other words, information about how you use the Services may be collected and combined with information about how others use the same Services, but no personally identifiable information will be included in the resulting data.
SHARING OF INFORMATION
We may share or transfer information about you as follows or as otherwise described in this Privacy Policy: - With third party affiliates, contractors, and other service providers in connection with providing and improving the Services; - With affiliates, contractors, and other service providers who need access to such information to carry out work on our behalf; - We will share information that we identify about security risks and/or incidents that affect or relate to our customers with those customers. - In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation; - If we believe your actions are inconsistent with the spirit or language of our Terms of Service or policies, or to protect the rights, property, and safety of you, us, or others and to enforce the provisions of our Terms of Service or policies, in cases of fraud or disputes, and/or to prevent harm to you or others; - In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company; - With your consent or at your direction, including if we notify you through the Services that certain information you provide will be shared in a particular manner and you provide this information. as provided herein, LeaguePals will not use or disclose to any third party other than the sports organization
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. This includes but is not limited to sharing information related to the research we conduct with various research and security organizations, including academic institutions or publications, as well as publishing our research online on our website or through third party social media sites.
THIRD PARTY PAYMENT SERVICES
We do not directly process any payments and do not store your debit/credit card information. As detailed further in the Terms of Services, we use a third-party Payment Processor to bill you for our services. Secured socket layer technology is used for processing payment transactions with the Payment Processor. Payment processing shall be subject to the terms and conditions and privacy policy of the Payment Processor. For these third-party service providers, we recommend that you read their privacy policies in order to understand the manner in which your Personal Information and your credit/debit card details will be handled by these providers.
The Payment Processor may store your Personal Information, for example, to process future payments for the Services. The terms of use and privacy policy for our Payment Processor can be found at online.worldpay.com/terms/privacy and online.worldpay.com/terms/terms-of-use. Financial information such as credit card number and expiration dates will not be stored or saved on our servers. In the event prizes are won by participation in the League, you may request a bank transfer or other electronic funds transfer to process payment. In this case, you may be required to provide LeaguePals with the relevant financial information in order to complete this transfer. Such relevant financial information may be stored by our bank, but will not be stored or saved on our servers. Our bank’s privacy policy and terms of use can be found at: www.capitalone.com/identity- protection/privacy/ and www.capitalone.com/legal/terms-conditions/
ANALYTICS SERVICES
We may allow others to provide analytics service in connection with the Services, such as Google Analytics. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. We and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, personalize the user experience, and better understand your activity. - To learn more about Google Analytics, please visit https://policies.google.com/privacy.
SECURITYS
We work hard to protect your information and take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from loss, unauthorized access, alteration, or disclosure regardless of how or where it is stored. Our security practices include: encrypting many of our services using SSL; verification for account access; and frequent review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. However, no internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e- mail.
PRIVACY POLICY CHANGES
LeaguePals reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to review this Policy regularly.
CHILDREN UNDER THE AGE OF 18
The Services are intended for users who are eighteen (18) years of age and older. If you are under the age of 18, you are only permitted to submit any Personal Information to us with parental consent as provided specifically in the Terms of Service. If you believe we might have any information from or about a child without parental consent, please contact us at [email protected].
RETENTION
We will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.
The criteria used to determine our retention periods include: - Time needed to provide you with our Services. - Whether your account with us is active. You may contact us to make your account inactive at any time. - Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.
Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
TRANSFER OF PERSONAL INFORMATION; INTERNATIONAL VISITORS
The Services are provided from the United States. If you are located outside of the United States, any information you provide to us may be transferred out of your country and into the United States. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. Personally identifiable information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which LeaguePals or its affiliates, subsidiaries or service providers maintain facilities. If your Personal Information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards.
If you are an international visitor, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy.
Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. For example, if you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your “personal data” as such term is defined under the GDPR, by contacting us at [email protected]. Such individuals also have the following rights: - Right to access – In accordance with Article 15 of the GDPR, this right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being processed and provides access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data has been or will be disclosed and the purposes of the processing. - Right to rectify – In accordance with Article 16 of the GDPR, this right allows individuals to rectify any inaccurate personal data about him or her. - Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances in accordance with Article 18 of the GDPR. - Right to be forgotten – This right is also known as the “right to erasure.” In accordance with Article 17 of the GDPR, it is an individual’s right to have personal data erased or to prevent processing in specific circumstances. - Right of data portability – In accordance with Article 20 of the GDPR, this right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information. - Right to object to processing – In accordance with Article 21 of the GDPR, this right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics. - Right to withdraw your consent - You shall have the right to withdraw your consent at any time with regard to the processing of the User Information in accordance with Article 7 para. 3 GDPR. - Right to lodge a complaint - You may lodge a complaint with the supervisory authority in accordance with Article 77 para. 1 of the GDPR, if you feel that the processing of the data relating to you infringes the GDPR. - Right to effective judicial remedy - You shall have the right to an effective judicial remedy where You consider that Your rights under the GDPR have been infringed as a result of the processing of Your personal data and the same is in non-compliance with the GDPR.
Legal Bases for Processing: We rely on the following legal basis to process your personal data: (i) it may be necessary for us to use and disclose your personal data for the performance and fulfillment of the contract between us and to provide you with our Services; (ii) if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent; and (iii) we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.
To exercise any of the above rights, or if you have any questions or comments about the Policy or our privacy practices, please contact us at [email protected].
OPTIONS
Your Information
We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns by contacting us at [email protected], and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. Unless legal restrictions apply, you have the right to access the information we hold about you free of charge. You may update, correct or delete your information at any time by contacting us at [email protected]. You can help us maintain the accuracy of your information by notifying us of any changes. To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting. We will respond to your request within 30 days of receipt, unless we inform you that it will take longer, as permitted by law under certain circumstances. Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. In addition, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. Please note that we are not responsible for storing any information that you provide to us or a third party or for any content or information that we or a third party provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
Promotional Communications
By providing Personal Information to us, you expressly consent to receive messaging and information from us. You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at [email protected]. If you opt out, we may still send you non- promotional communications, such as messages about your account or our ongoing business relations.
Please note that we do not respond to or honor 'do not track' (a/k/a DNT) signals or similar mechanisms transmitted by web browsers. If you have consented to have your Personal Information shared with any third party and you no longer wish to have your Personal Information shared with such parties, then you may opt-out of such disclosures by sending an email to [email protected]. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your separate consent.
Please note that there might be a brief delay between when you submit your request to 'opt-out' and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.
Non-Discrimination
We will not discriminate against you because you elect to exercise any of the rights related to your Personal Information, including but not limited to: - Denying you products or Services; - Charging you different prices or rates for Services, including through the use of discounts or other benefits or imposing penalties on you; - Providing a different level or quality of Services to you; or - Suggesting that you will receive a different price or rate for Services or a different level or quality of Services.
HOW TO CONTACT US
If you have any questions about this Policy, or our information practices, please contact us by email at [email protected].
STATE ADDENDUM TO THE LEAGUEPALS PRIVACY POLICY
ADDENDUM DATE: November 16, 2023
This State Addendum to the LeaguePals Privacy Policy (“Addendum”) supplements the terms of LeaguePals’s Privacy Policy and applies to individuals who are residents of California, Colorado, Connecticut, Virginia, and Utah, as specified below. It describes the rights you may have, depending on the state of your residence, with regard to your personal information, which apply when new or updated laws take effect in these states. This Addendum does not apply to any employees, owners, directors, officers, or contractors of LeaguePals or its affiliates.
I. California Privacy Policy
The section relates solely to residents of the State of California, and for purposes of this section, "you" means residents of the State of California. This section will provide you with information about our information practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as "CPRA"). Any terms defined in the CPRA have the same meaning when used in this section.
1) PersonalInformationwecollect
LeaguePals collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household ("CPRA Covered Personal Information" or "personal information"). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.
In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:
| Category | Examples | Collected |
| A. Personal Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes |
| B. Personal and financial information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | Yes |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. | Yes |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information on your interaction with a Site, application, or advertisement. | Yes |
| G. Geolocation data. | Physical location or movements. | Yes |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment related information | Occupation, title, employer information, current or past job history or performance evaluations. | No |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No |
| J. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
| L. Sensitive Personal Information | Social security, driver's license, state identification or passport numbers; Account log-in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access to an Account; precise geolocation data; racial or ethnic origin, religious or philosophical beliefs or union membership, content of mail, email and text messages unless business is the intended recipient; genetic data; processing of biometric information for the purposes of uniquely identifying a consumer; personal information collected and analyzed concerning your health. | Yes |
2) Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
3) Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information vailable to you in the USE OF INFORMATION section of our Privacy Policy.
4) Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties and the categories of those third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Notice.
5) No Sales or Sharing of Personal Information
We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioral advertising (as defined in the CPRA). We have also not sold or shared the personal information of consumers under 16 years of age.
6) Use of Sensitive Personal Information
We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.
7) Your CPRA Consumer Rights
a) Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights: - Right to Access. You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you. - Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party. - Right to delete. You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our service providers to: - Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client; - Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; - Comply with a legal obligation; or - Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it. - Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. - Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.
b) ExercisingYourRights You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at [email protected].
c) Verification Process We are only required to fulfill verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent may make a verifiable request related to personal information. If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf. - For requests for access to categories of personal information, we will verify your request to a "reasonable degree of certainty." This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of - For requests for specific pieces of personal information (portability request), we will verify your request to a "reasonably high degree of certainty." This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. - For requests to delete, we will verify your request to a "reasonable degree" or a "reasonably high degree of certainty" depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion. We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request.
d) Response Timing and Format We will respond to a verifiable request within forty-five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option. (Note that the law prohibits us from disclosing at any time a consumer's Social Security number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an Account password, security questions and answers, or any unique biometric data.) If we cannot comply with a request or a portion of the request, we will include the reasons in our response. If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. *Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business. Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.
8) CPRA exemptions
This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).
9) OtherCaliforniaPrivacyRights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
II. Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights
The section relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CDPA), the Virginia Consumer Data Protection Act (VCDPA) and the Utah Consumer Privacy Act (UCPA).
This section shall be effective for the residents of those States on the dates set forth below: - Effective January 1, 2023, for residents of the State of Virginia - Effective July 1, 2023, for residents of the States of Colorado and Connecticut - Effective December 31, 2023, for residents of the State of Utah
For purposes of this section, "residents", "consumers" or "you" means individuals of those states who are acting in their individual or household context. This section does not apply to individuals acting in their commercial or employment context.
1) Personal Information we collect
You have a right to know the categories and types of personal information we collect about you. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
2) Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
3) Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.
*For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.
4) Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Policy.
5) No Sale of Data or Use of Data for Targeted Advertising
We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law). We may send you advertising in response to your request for information or feedback or based on your activities with our Services, including your search queries and visits to our Services. However, we will not send you targeted advertising based on your activities across non-affiliated websites, applications or platforms to predict your preferences or interests.
6) Your Rights
a) Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following: - Right to access. You have the right to know if we process your personal information and have access to such information and certain details of how we use it. - Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. - Right to delete. You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to: - Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client; - Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; - Comply with a legal obligation; or - Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it. - Right to restriction of processing (opt-out). You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you. (This right only applies to residents of the States of Colorado, Connecticut and Virginia.) - Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party. - Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services. - Right to restrict the processing of sensitive information Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 8 (Exemptions) below or as otherwise allowed by law: - For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and - For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.
b) ExercisingYourRights You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by either emailing us at [email protected].
c) Authentication Process We will only fulfill request when we can verify your identify and confirm that you are authority to make such a request. Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information. If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf. We will only use the personal information you provide in a request to verify your identity or authority to make the request.
d) ResponseTimingandFormat We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option. If we cannot comply with a request or a portion of the request, we will include the reasons in our response. *For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge. *For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge. We reserve the right to charge a fee to process or respond to any request that we consider excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
7) RighttoAppeal
You have the right to appeal our decision within a reasonable period of time after receipt of our response. You may appeal our decision by sending us an email at [email protected]. We will respond to your appeal within 60 days of receipt (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.
* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller. Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.
8) Exemptions
This section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following: covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach- Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector- specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver's Privacy Protection Act of 1994 (DPPA).
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Center Authority
By registering for an account as a bowling Center, you hereby acknowledge that you have authority on behalf of the Center to enter into this contract and the Center agrees to the Privacy Policy and Terms of Service. Further, the Center hereby agrees that any Events that are registered through LeaguePals are bound to use LeaguePals for the entirety of the relevant bowling season. The Center may only cancel at the end of the season and cancellation in the middle of the season shall continue to obligate all Events dues to be paid through LeaguePals for the remainder of that season.
LeaguePals Terms of Use
TERMS OF SERVICE
Updated: November 16, 2023
Welcome to LeaguePals! This Terms of Service (“Agreement”) constitutes a valid and binding agreement between LeaguePals Inc., (together with its affiliates, successors and assigns “LeaguePals,” “we,” “our,” or “us”) and any visitors, users, and others who access our Services (“User,” “you,” or “your”). This Agreement explains the terms by which you may use our online and/or mobile services, application, website, and/or software (collectively the “Services” ).
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services. LeaguePals may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the last modified date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18), an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into this Agreement. If you are under 13 years of age, additional restrictions apply (as provided herein) to be eligible to use the Services. In certain instances, LeaguePals may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof.
1. Use of Our Services
a. This Agreement governs your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and LeaguePals, and you agree to be bound by all terms and conditions herein. LeaguePals’ acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
b. Immediately upon joining LeaguePals, users join a membership with distinct benefits including access to a variety of administrative features, including game information and results, dashboards, message boards, virtual wallet or online payment and the secure storage of funds for leagues (“League”). Through the Services, Users can view all of their League financial transactions. LeaguePals offers a variety of automated mechanisms that help Leagues safeguard their funds in ways traditional methods cannot. LeaguePals also automates the process of sending payment reminders to Users who have a pending payment request. Users are able to register as a Center Admin, League Admin or Player.
c. Leagues are not operated or administered by LeaguePals or under the Services defined above. Users shall contact the League Admins and/or Center Admins for all league rules, prize funds, payouts and any and all League related information. d. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
e. LeaguePals will use commercially reasonable efforts to make the Services available pursuant to this Agreement except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. LeaguePals reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.
2. License.
a. Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable, personal license to use the Services as permitted by the features of the Services. LeaguePals reserves all rights not expressly granted herein in the Services and the LeaguePals Content (as defined below). LeaguePals may terminate this license at any time for any reason or no reason.
b. You acknowledge and agree that the Services are licensed solely for your own personal use and you may not use the Services for any other purposes, without prior written authorization from LeaguePals. You agree to not: (a) grant access to any third party for any purpose whatsoever without the prior written consent of LeaguePals; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) rent, sell, sublicense, lease, permit, transfer, copy, reverse engineer (except to the extent that such restriction is expressly prohibited by law), decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; I remove any proprietary notices from the software of elsewhere on the Services; (f) use the Services to provide time sharing or similar services for any third party; or (g) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by us. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. LeaguePals reserves all rights not expressly granted under this Agreement
c. Any third-party code that may be incorporated in the Services is covered by the applicable open source or third-party license, if any, authorizing use of such code. d. You acknowledge that LeaguePals may from time-to-time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
3. Accounts
a. In order to use the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. LeaguePals reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. Once you create an Account, LeaguePals may verify your identity before you may access and/or use the Services. By setting up an Account and providing your information, you agree to allow LeaguePals to make inquiries reasonably necessary to validate your identity. Such verification may be handled by direct contact with Users, or via third parties.
b. In order to be eligible to use LeaguePals services, Users must be at least 18 years of age, and be a resident of the United States. For Users under the age of 18 years of age, Users must have permission for a parent or guardian to use LeaguePals. Users may use LeaguePals for the purposes outlined in these Terms.
c. Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users (i.e. Center Admins, League Admins or Players). If you open a LeaguePals Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
d. You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify LeaguePals immediately of any breach of security or unauthorized use of your account. LeaguePals will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
e. You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, and as part of the Services, you may receive emails or SMS texts to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use emails or SMS texts to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
4. Services Rules
a. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) penetration testing the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
b. You may not use the Services for any purposes other than those specifically permitted or allowed through the Services. You may not use the Services for the following restricted activities: i. As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006; ii. As an aid to offline gambling; iii. As part of a sale of goods or services.
c. League Admins and Center Admins specifically acknowledge and agree, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, that: i. 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. ii. All winning outcomes are determined predominantly by accumulated statistical results of the performance of teams. iii. No winning outcome is based 1. on the point spread; 2. solely on any single performance of an individual athlete in any single real-world sporting or other event.
5. User Content
a. The Services may contain social media features and access for Users to promote and discuss their Leagues and play, including, but not limited to, bulletin board services, chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities.
b. You are solely responsible for any and all User Content which you submit, make available, or publicize through the Services. You represent and warrant that all of your User Content is accurate and not misleading and is not in violation of any third-party rights. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your User Content. Other than your personal information, your User Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your User Content. “User Content” means all information, photos, documents, messages, queries, and any other text, content, or data that a User submits, makes available or uploads to the Services or otherwise provides to us for use with the Services, including feedback on the services and/or other Users.
c. You will not use the Services to upload, download, display, perform, transmit, or distribute any User Content that is, nor will you engage in any activities that are deceptive, abusive, threatening, tortious, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You further agree that you will not submit any User Content that contains Prohibited Materials. “Prohibited Materials” means, as determined in our sole discretion, (i) pornography or sexually explicit content, (ii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iii) materials promoting illegal activities; (iv) profane or obscene language, (v) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights), (vi) defamatory, libelous, obscene, offensive or harmful material, (vii) materials that violate any applicable laws, or our written policies and procedures, and (viii) materials that otherwise violate this Agreement.
d. Any information or User Content that you obtain or receive through the Services is for informational purposes only. We make no representation as to the completeness, accuracy or correctness of any information within the Services.
e. You must evaluate, and will bear all risks associated with, the use of or reliance on User Content obtained through the Services. We are under no obligation to review any User Content (including any messages) posted on or sent through the Services; we will not pre-screen or actively review User Content but we may refuse or delete any User Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of this Agreement, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services, including without limitation your posting of or visits to games, is solely your responsibility. LeaguePals is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable. We will have no obligation or liability to you to maintain, store, or license any User Content.
f. You acknowledge and agree that User feedback benefits the efficiency of the Services, and you specifically request that LeaguePals post such feedback about Users, including yourself. You further acknowledge and agree that LeaguePals will make such content available to other Users.
g. User’s Content may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. We reserve the right at all times to remove or refuse distribution of any User Content. Certain User Content (excluding any personal or Confidential Information) transmitted to certain parts of the Services, may be posted in public areas on the Services, including without limitation in a compilation format, and as such will be publicly visible and accessible.
6. Children
a. If you are under the age of 18, you must get permission from a parent or guardian before you register and use the Services. You should review these Terms with them to make sure that you and your parent or guardian understand them. In addition, you must obtain permission from your parent or guardian any time payments are made through LeaguePals. Your parent or guardian may revoke their consent for you to use the Services at any time. We will disable your access to the Services if your parent has expressly refused or revoked their consent for you to use them. If your parent or guardian refused or revokes their consent, you may not use or continue to use your Account, create another Account or access or use the Services by any other means unless your parent or guardian provides their consent again or until you are 18 or older. We may withdraw or terminate your access to the Services for any other reason at our sole discretion.
b. We have taken the following measures to protect children under the age of 18: i. We only allow minors to register for the Services if they confirm they have obtained your permission to use the Services. ii. We only collect a limited amount of personal information from your child, as provided herein and in our Privacy Policy. iii. We will immediately suspend your child’s access if you inform us that you do not wish to permit your child to use the Services. We will delete their Account (including any personal information collected from them) within seven (7) days after receiving your request. iv. We want all Users, including children, to feel safe when using the Services. We therefore encourage all Users to use our Services responsibly. If we become aware that a User is harassing or bullying anyone through the Services, we will take firm and swift action against them, which may include temporary or permanent blocking of their access to the Services.
c. What we do not do: i. We do not make your child’s access or participation conditional upon your child disclosing more personal information than is reasonably necessary for them to enjoy the Services. ii. We do not give out or display any information we collect about your child on LeaguePals.com or any other website. iii. We do not allow Users to send direct messages to each other through the Services. iv. We do not send any marketing messages to your child if they are under the age of 16. We will only send marketing messages to Users under 18 but over 16 if they have opted-in and have told us that they have obtained your permission. v. Credit card or other payment information will only be maintained by our Payment Processor if your child is over 16, otherwise payment information must be entered each time weekly dues are paid for. If you prefer to have an Account where payment information is saved by our Payment Processor for easier payment, please open an Account for yourself in order to manage your child’s payments and leagues.
d. Additional for children under the age of 13. We know it is important for children to benefit from stronger controls. Therefore, we take additional measures to protect children under the age of 13. We will only allow your child access to the Services if we have received your express permission to do so and checked with you that you have provided that permission. We will not store or use the limited personal information we collect from your child if you do not provide that permission. To help you through this process, we have explained below the steps of the process that will occur when your child wishes to register with and access the Services. This process is designed to protect the privacy of your child and to comply with data protection and privacy law. i. The registration process begins when your child tells us that they are under 13 years of age by entering their date of birth during the registration process. ii. If your child informs us they are under 13 years of age, we will ask them to provide their first name, their country of residence and your email address so that we can obtain your permission. iii. We will send an email to the email address that your child provided for you to inform you that they have registered an Account. This email will ask you to indicate electronically whether you consent for us to collect the personal information your child has provided to us for the purposes described herein and our Privacy Policy and for your child to use and access the Services. The email will also contain: 1. details of the types of personal information we have collected from your child and how we wish to use that information. This information is also set out in detail below; 2. our confirmation to you that we will not collect any further personal information from your child and that we will not use any personal information we have collected, unless we have already received your permission to do so; 3. instructions as to how you can provide us with your consent electronically and agree to this Agreement on behalf of your child. iv. If you indicate that you do not wish to provide your consent or if you do not respond to our email within seven (7) days of receiving it, we will not allow your child access to the Services and we will delete any personal information we have collected from them. v. If you do provide your consent, we will allow your child access to the Services and electronically verify your consent. vi. We only collect the limited personal information from your child which we request directly. For further details on the information we collect and how we use that information please see our Privacy Policy. vii. We only use your child’s personal information for internal purposes. viii. We do not allow your child to link their Account with a social networking site such as Facebook. ix. If we make material changes to how we collect and use personal information from children under the age of 13, we will notify you by email in order to obtain verifiable consent for the new uses of your child’s personal information.
7. Proprietary Rights
a. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “LeaguePals Content”), and all intellectual property rights related thereto, are the exclusive property of LeaguePals and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any LeaguePals Content. Use of the LeaguePals Content for any purpose not expressly permitted by this Agreement is strictly prohibited. This Agreement does not provide you with title or ownership of any Services or LeaguePals Content, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and LeaguePals does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights.
b. LeaguePals does not claim any ownership of the User Content submitted, posted, or displayed through the Services. You retain any and all ownership rights to the User Content that you submit and are responsible for protecting those rights. With respect to any User Content you submit or make available through the Services (other than personal or Confidential Information), you grant to LeaguePals a perpetual, irrevocable, nonterminable, worldwide, royalty-free, non-exclusive, sub-licensable, right and license to use, copy, modify, create derivative works from, display and distribute, via any present or future medium, your User Content in order to provide the Services.
8. Payment
a. Certain aspects of the Services may be provided for a set fee, monthly or annual subscription, or other charge (“Fees”). You agree to the pricing and payment terms as we may update them from time to time. LeaguePals may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or at the end of your current subscription. LeaguePals will provide you with prior notice of any change in Fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.
b. All Fees due from you to LeaguePals shall be paid in advance. LeaguePals offers three league payment options: credit/debit card, bank payment, and cash payment. All payment options will be associated with a transaction fee, which is calculated as (number of weeks paid for multiplied by the weekly transaction fee) = transaction fee. Users will be informed of the weekly transaction fee when payments are processed. The originating League User (“League Admin”) will choose which payment setting will be available for all League Users.
c. Please note that any payment terms presented to you in the process of using or signing up for Services are deemed part of this Agreement. LeaguePals uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. LeaguePals reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize LeaguePals to withhold any monies and/or debit any monies from any account that you have identified to LeaguePals for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to LeaguePals.
d. You may cancel your Account at any time. However, you acknowledge and agree that there shall be no refunds under this Agreement for any reason. You are responsible for paying any balance or cancellation penalties due under your League rules, and LeaguePals will not be responsible for any deficiencies in League dues as a result of your cancellation. In addition, any prizes won through participation in a League may be discounted to reflect outstanding dues balances that are a result of your cancellation or a cancellation on the part of another User associated with your team. In the event that LeaguePals suspends or terminates your Account, or this Agreement, for any reason or no reason, you understand and agree that you shall receive no refund or exchange for any Trophies, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Account, or for anything else.
e. When using the Services, you may accumulate fictional property ("Trophies") related to the Services that reside as data on Leaguepals' servers. Notwithstanding any value attributed to such Trophies by you or any third party, you understand and agree that these Trophies, and any other data, Account history, Account content and User Content residing on Leaguepals' servers, may be deleted, altered, moved or transferred at any time for any reason in Leaguepals' sole discretion. Leaguepals does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any such Trophies or other data residing on Leaguepals' servers.
f. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases. In the event that any amount payable by you to LeaguePals is subject to Taxes, LeaguePals may collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which LeaguePals is entitled. You will reimburse and indemnify LeaguePals for any Taxes, interest, and penalties that LeaguePals may be compelled to pay on account of your nonpayment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to LeaguePals is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by LeaguePals; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which LeaguePals is entitled under the Agreement. You will indemnify and hold LeaguePals harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.
g. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
9. Privacy
a. We care about the privacy of our clients. LeaguePals’ privacy practices are governed by LeaguePals’ privacy policy, the most updated copy of which can be found at www.leaguepals.com/privacy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that LeaguePals does not own or control.
10. Security
a. LeaguePals cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services and content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure by our personnel. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. Third-Party Links and Information
a. The Services may contain links to third-party sites, tools or materials that are not owned or controlled by LeaguePals. LeaguePals does not endorse or assume any responsibility for any such third-party sites, information, tools, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and LeaguePals’ Privacy Policy do not apply to your use of such sites. You expressly relieve LeaguePals from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that LeaguePals shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Representations and Warranties
a. You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you will use the Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you own or have sufficient rights in and to the User Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such content to LeaguePals, that any use by LeaguePals of such User Content as contemplated in this Agreement will not infringe on the rights of any third party or violate any applicable laws or regulations, and that such content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.
b. You further represent and warrant that you will not share your log-in ID or password or any of the information contained within the Services with any third party whatsoever without the explicit written permission of LeaguePals. For the purpose of clarity, this includes providing access to, or allowing, third parties to log-in through your account, as well as copying and sharing reports and/or contact's emails, names or phone numbers, with any other individual, business, marketing or survey company. You agree that you alone will be responsible for paying LeaguePals and other related parties, any damages, losses, penalties and costs whatsoever related to a breach by you of this section.
13. Indemnity
a. You acknowledge that Leagues are not operated or administered by LeaguePals or operated under the Services. You agree to defend, indemnify and hold harmless LeaguePals and its subsidiaries, agents, officers, directors, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from or related to: (i) your use of and access to the Services, including any User Content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any applicable law, rule or regulation; (iv) your use of the Services to meet another User in-person or to locate and/or visit any offline place or event; (v) any other party's access and/or use of the Services with your unique username, password or other appropriate security code; or (vi) bodily injury, wrongful death, loss of services, property damage, and/or any other reason, which may arise out of your use of the Services and/or any activities, games, and/or other events in which you participate that in any way arise from, are found through, or are otherwise coordinated through your use of the Services.
14. No Warranty
a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEAGUEPALS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHERMORE, AND WITHOUT LIMITATION, LEAGUEPALS DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
b. LEAGUEPALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LEAGUEPALS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.
c. PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. LEAGUEPALS AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING LEAGUEPALS OR PARTICIPATING IN ACTIVITIES ORGANIZED USING LEAGUEPALS. LEAGUEPALS AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE LEAGUEPALS ACTIVITIES ARE PLAYED. USERS WHO PARTICIPATE IN LEAGUEPAL’S ACTIVITIES DO SO AT THEIR OWN RISK
d. LEAGUEPALS MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. LEAGUEPALS ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. LEAGUEPALS DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTENT, COMMUNICATIONS, ACCOUNT INFORMATION, ORPERSONAL SETTINGS. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT LEAGUEPALS AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
e. YOU AGREE THAT LEAGUEPALS HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF LEAGUEPALS WITH REGARD TO SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT SIGNED BY BOTH PARTIES.
f. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Limitation of Liability
a. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER AS CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF LEAGUEPALS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAGUEPALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE FEES AND OTHER CHARGES WHICH LEAGUEPALS IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LEAGUEPALS OF THE RISK OF YOUR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. IN NO EVENT SHALL LEAGUEPALS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEAGUEPALS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
a. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and the State of New Jersey as it applies to a contract made and to be performed in such state. You consent and agree that the state and federal courts of Passaic County, New Jersey shall have personal jurisdiction over you, as well as subject matter jurisdiction with respect to any provision of this Agreement, and shall be the exclusive forums for any litigation arising out of or relating to this Agreement, subject to section b below. You also agree to and hereby waive your rights to a trial by jury and agree to accept service of process by mail.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEAGUEPALS. For any dispute with LeaguePals, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that LeaguePals has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the American Arbitration Association (“AAA”), except as provided herein. The arbitration will be conducted in Passaic County, New Jersey, unless you and LeaguePals agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LeaguePals from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LEAGUEPALS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. d. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
17. DMCA Notice
a. We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information: i. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. ii. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. iii. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. iv. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
b. Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to [email protected].
18. General
a. International Users. Unless otherwise explicitly stated, we control and operate the Services from our facilities in the United States of America. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable regulations, including but not limited to export and import regulations. Information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which LeaguePals or its affiliates, subsidiaries or service providers maintain facilities. If your information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards. If you are an international User, you acknowledge that by using the Services, you are: (a) permitting the transfer of your information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your information in accordance with our Privacy Policy. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
b. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LeaguePals, but may be assigned by LeaguePals without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Notification Procedures. LeaguePals may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by LeaguePals in our sole discretion. LeaguePals reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. LeaguePals is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
d. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
e. Entire Agreement / Severability. This Agreement, together with the Privacy Policy and any amendments and any additional agreements you may enter into with LeaguePals in connection with the Services, shall constitute the entire agreement between you and LeaguePals concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
f. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LeaguePals’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
g. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
h. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement. Each capitalized term used in this Agreement (including any schedule or exhibit of this Agreement) shall have the meaning attributed to it in any part of this Agreement (including any such schedules or exhibits).
i. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination.
LeaguePals Privacy Policy
LAST UPDATED: November 20, 2023
Welcome to LeaguePals! LeaguePals is provided by LeaguePals Inc. (collectively referred to herein as “we,” “us,” “our,” or “LeaguePals”). We respect your privacy and the importance of the information you entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you use our online and/or mobile services, application, website, and/or software (collectively the “Services”), how we may use and disclose the information, and how you can control, correct and/or update the information. By accessing or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. This Policy shall be read in conjunction with our Terms of Service and all the relevant provisions of the Terms of Service (including but not limited to indemnification, limitation of liability, governing law and dispute resolution) shall mutatis mutandis apply to this Policy and be deemed to be incorporated herein by reference. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms of Service.
Please note that this Policy does not apply to your use of third-party sites, services, or applications you may access through the Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.
In order to use certain features of the Services, you must consent to: (a) the use of your phone's location to provide the Services to you, including the display and disclosure of that location information to your LeaguePals friends and within your geo-tagged messages and content; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from LeaguePals usage. Data and messaging (including SMS text messages) plans are required to use the mobile features of the Services. Standard data and messaging charges, fees, and taxes from your carrier apply.
INFORMATION WE MAY COLLECT
Information You Provide to Us
We collect information you provide directly to us when using the Services or as a participant in a sports program that uses our Services. For example, we collect information when you download our mobile application(s), register for our Services, sign up for an Account, complete a form, participate in any interactive features of the Services, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, mailing and billing address and payment information, and any other information you choose to provide including, for example, the record of your team(s). For purposes of registering and using the Services, we collect certain information that can identify you, such as your name and contact information (email, address and phone number) (“Personal Information”). We will never sell, rent, or trade your Personal Information or use Personal Information other than as needed to provide the Services requested by you. If you choose not to provide information that is necessary to provide the Services, you may not be able to use certain aspects or all of the Services. LeaguePals discloses Personal Information only to those of its employees, contractors and affiliated organizations that (i) need to know the information in order to process it on yours and our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein. We also may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account. Depending on the nature of your inquiry or activities on the Services, we may also ask for other information relevant to your use of the Services. In addition, LeaguePals will share certain personal information with other Users of the League to which you belong in order for the Services to be provided as expected.
You acknowledge and agree that communications, including phone calls or “chat” services, with LeaguePals or our third-party agents may be monitored, recorded and retained by LeaguePals. You consent to the monitoring and recording of all conversations between you and LeaguePals and you release us from and against any and all claims, liabilities and losses that may result from any such monitored and/or recorded conversations.
Information We Collect Automatically When You Use the Services
When you access or use the Services, we automatically collect information about you, including the following:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Services. Publicly available tools can sometimes provide the approximate location for IP addresses. - Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. - Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.We also may collect other types of information in the following ways when you use the Services:
- Details of how you used and interacted with the Services, such as your search queries and how you responded to certain questions. - Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. - Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track your movements around the Services and understand trends.Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Services and processing payment transactions. We also may receive information about you from the third parties with whom you interact through the Services. LeaguePals may validate personal information Users provide, or request additional information from credit bureaus or other third parties, to assist us in establishing and authenticating a User's Account, and verifying the accuracy of the information that Users provide. Information obtained from third parties and linked with your personal information is safeguarded by confidentiality agreements and to the extent required by law.
USE OF INFORMATION
We may use information about you for various purposes, including the following: - Provide, maintain, improve and deliver the products and Services you request, process transactions, and send you related information; - Verify your identity and, if applicable, authorization for you to use the Services; - Facilitate use of the Services; - Process payment for Services; - Analyze and draw trends from the aggregated statistics of the User activity; - Provide personalized recommendations and maintain general and personalized content; - Manage your Account and your preferences; - To prevent or address service, security, technical issues at your request in connection with customer support matters; - Respond to your comments, questions, and requests; Send you technical notices and other administrative messages; - Communicate with you about products, services, offers, promotions, rewards, and events offered by us or others, and provide news and information we think will be of interest to you; - Monitor and analyze trends, usage, and activities in connection with security-related initiatives and the Services; - Conduct research, analysis, and surveys; - Personalize and improve the Services and provide content or features that match User profiles or interests; - Enforce our Terms; - Link or combine with information we get from others in connection with the Services; and - Carry out any other purpose for which the information was collected.
Except to which you belong, any personally identifiable information about you for any purpose without your express prior consent. LeaguePals will not give, sell, rent, or share your information to other parties for their marketing purposes.
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Services. In other words, information about how you use the Services may be collected and combined with information about how others use the same Services, but no personally identifiable information will be included in the resulting data.
SHARING OF INFORMATION
We may share or transfer information about you as follows or as otherwise described in this Privacy Policy: - With third party affiliates, contractors, and other service providers in connection with providing and improving the Services; - With affiliates, contractors, and other service providers who need access to such information to carry out work on our behalf; - We will share information that we identify about security risks and/or incidents that affect or relate to our customers with those customers. - In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation; - If we believe your actions are inconsistent with the spirit or language of our Terms of Service or policies, or to protect the rights, property, and safety of you, us, or others and to enforce the provisions of our Terms of Service or policies, in cases of fraud or disputes, and/or to prevent harm to you or others; - In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company; - With your consent or at your direction, including if we notify you through the Services that certain information you provide will be shared in a particular manner and you provide this information. as provided herein, LeaguePals will not use or disclose to any third party other than the sports organization
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. This includes but is not limited to sharing information related to the research we conduct with various research and security organizations, including academic institutions or publications, as well as publishing our research online on our website or through third party social media sites.
THIRD PARTY PAYMENT SERVICES
We do not directly process any payments and do not store your debit/credit card information. As detailed further in the Terms of Services, we use a third-party Payment Processor to bill you for our services. Secured socket layer technology is used for processing payment transactions with the Payment Processor. Payment processing shall be subject to the terms and conditions and privacy policy of the Payment Processor. For these third-party service providers, we recommend that you read their privacy policies in order to understand the manner in which your Personal Information and your credit/debit card details will be handled by these providers.
The Payment Processor may store your Personal Information, for example, to process future payments for the Services. The terms of use and privacy policy for our Payment Processor can be found at online.worldpay.com/terms/privacy and online.worldpay.com/terms/terms-of-use. Financial information such as credit card number and expiration dates will not be stored or saved on our servers. In the event prizes are won by participation in the League, you may request a bank transfer or other electronic funds transfer to process payment. In this case, you may be required to provide LeaguePals with the relevant financial information in order to complete this transfer. Such relevant financial information may be stored by our bank, but will not be stored or saved on our servers. Our bank’s privacy policy and terms of use can be found at: www.capitalone.com/identity- protection/privacy/ and www.capitalone.com/legal/terms-conditions/
ANALYTICS SERVICES
We may allow others to provide analytics service in connection with the Services, such as Google Analytics. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. We and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, personalize the user experience, and better understand your activity. - To learn more about Google Analytics, please visit https://policies.google.com/privacy.
SECURITYS
We work hard to protect your information and take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from loss, unauthorized access, alteration, or disclosure regardless of how or where it is stored. Our security practices include: encrypting many of our services using SSL; verification for account access; and frequent review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. However, no internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e- mail.
PRIVACY POLICY CHANGES
LeaguePals reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to review this Policy regularly.
CHILDREN UNDER THE AGE OF 18
The Services are intended for users who are eighteen (18) years of age and older. If you are under the age of 18, you are only permitted to submit any Personal Information to us with parental consent as provided specifically in the Terms of Service. If you believe we might have any information from or about a child without parental consent, please contact us at [email protected].
RETENTION
We will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.
The criteria used to determine our retention periods include: - Time needed to provide you with our Services. - Whether your account with us is active. You may contact us to make your account inactive at any time. - Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.
Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
TRANSFER OF PERSONAL INFORMATION; INTERNATIONAL VISITORS
The Services are provided from the United States. If you are located outside of the United States, any information you provide to us may be transferred out of your country and into the United States. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. Personally identifiable information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which LeaguePals or its affiliates, subsidiaries or service providers maintain facilities. If your Personal Information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards.
If you are an international visitor, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy.
Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. For example, if you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your “personal data” as such term is defined under the GDPR, by contacting us at [email protected]. Such individuals also have the following rights: - Right to access – In accordance with Article 15 of the GDPR, this right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being processed and provides access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data has been or will be disclosed and the purposes of the processing. - Right to rectify – In accordance with Article 16 of the GDPR, this right allows individuals to rectify any inaccurate personal data about him or her. - Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances in accordance with Article 18 of the GDPR. - Right to be forgotten – This right is also known as the “right to erasure.” In accordance with Article 17 of the GDPR, it is an individual’s right to have personal data erased or to prevent processing in specific circumstances. - Right of data portability – In accordance with Article 20 of the GDPR, this right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information. - Right to object to processing – In accordance with Article 21 of the GDPR, this right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics. - Right to withdraw your consent - You shall have the right to withdraw your consent at any time with regard to the processing of the User Information in accordance with Article 7 para. 3 GDPR. - Right to lodge a complaint - You may lodge a complaint with the supervisory authority in accordance with Article 77 para. 1 of the GDPR, if you feel that the processing of the data relating to you infringes the GDPR. - Right to effective judicial remedy - You shall have the right to an effective judicial remedy where You consider that Your rights under the GDPR have been infringed as a result of the processing of Your personal data and the same is in non-compliance with the GDPR.
Legal Bases for Processing: We rely on the following legal basis to process your personal data: (i) it may be necessary for us to use and disclose your personal data for the performance and fulfillment of the contract between us and to provide you with our Services; (ii) if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent; and (iii) we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.
To exercise any of the above rights, or if you have any questions or comments about the Policy or our privacy practices, please contact us at [email protected].
OPTIONS
Your Information
We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns by contacting us at [email protected], and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. Unless legal restrictions apply, you have the right to access the information we hold about you free of charge. You may update, correct or delete your information at any time by contacting us at [email protected]. You can help us maintain the accuracy of your information by notifying us of any changes. To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting. We will respond to your request within 30 days of receipt, unless we inform you that it will take longer, as permitted by law under certain circumstances. Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. In addition, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. Please note that we are not responsible for storing any information that you provide to us or a third party or for any content or information that we or a third party provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
Promotional Communications
By providing Personal Information to us, you expressly consent to receive messaging and information from us. You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at [email protected]. If you opt out, we may still send you non- promotional communications, such as messages about your account or our ongoing business relations.
Please note that we do not respond to or honor 'do not track' (a/k/a DNT) signals or similar mechanisms transmitted by web browsers. If you have consented to have your Personal Information shared with any third party and you no longer wish to have your Personal Information shared with such parties, then you may opt-out of such disclosures by sending an email to [email protected]. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your separate consent.
Please note that there might be a brief delay between when you submit your request to 'opt-out' and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.
Non-Discrimination
We will not discriminate against you because you elect to exercise any of the rights related to your Personal Information, including but not limited to: - Denying you products or Services; - Charging you different prices or rates for Services, including through the use of discounts or other benefits or imposing penalties on you; - Providing a different level or quality of Services to you; or - Suggesting that you will receive a different price or rate for Services or a different level or quality of Services.
HOW TO CONTACT US
If you have any questions about this Policy, or our information practices, please contact us by email at [email protected].
STATE ADDENDUM TO THE LEAGUEPALS PRIVACY POLICY
ADDENDUM DATE: November 16, 2023
This State Addendum to the LeaguePals Privacy Policy (“Addendum”) supplements the terms of LeaguePals’s Privacy Policy and applies to individuals who are residents of California, Colorado, Connecticut, Virginia, and Utah, as specified below. It describes the rights you may have, depending on the state of your residence, with regard to your personal information, which apply when new or updated laws take effect in these states. This Addendum does not apply to any employees, owners, directors, officers, or contractors of LeaguePals or its affiliates.
I. California Privacy Policy
The section relates solely to residents of the State of California, and for purposes of this section, "you" means residents of the State of California. This section will provide you with information about our information practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as "CPRA"). Any terms defined in the CPRA have the same meaning when used in this section.
1) PersonalInformationwecollect
LeaguePals collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household ("CPRA Covered Personal Information" or "personal information"). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.
In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:
| Category | Examples | Collected |
| A. Personal Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes |
| B. Personal and financial information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | Yes |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. | Yes |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information on your interaction with a Site, application, or advertisement. | Yes |
| G. Geolocation data. | Physical location or movements. | Yes |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment related information | Occupation, title, employer information, current or past job history or performance evaluations. | No |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No |
| J. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
| L. Sensitive Personal Information | Social security, driver's license, state identification or passport numbers; Account log-in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access to an Account; precise geolocation data; racial or ethnic origin, religious or philosophical beliefs or union membership, content of mail, email and text messages unless business is the intended recipient; genetic data; processing of biometric information for the purposes of uniquely identifying a consumer; personal information collected and analyzed concerning your health. | Yes |
2) Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
3) Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information vailable to you in the USE OF INFORMATION section of our Privacy Policy.
4) Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties and the categories of those third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Notice.
5) No Sales or Sharing of Personal Information
We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioral advertising (as defined in the CPRA). We have also not sold or shared the personal information of consumers under 16 years of age.
6) Use of Sensitive Personal Information
We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.
7) Your CPRA Consumer Rights
a) Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights: - Right to Access. You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you. - Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party. - Right to delete. You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our service providers to: - Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client; - Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; - Comply with a legal obligation; or - Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it. - Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. - Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.
b) ExercisingYourRights You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at [email protected].
c) Verification Process We are only required to fulfill verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent may make a verifiable request related to personal information. If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf. - For requests for access to categories of personal information, we will verify your request to a "reasonable degree of certainty." This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of - For requests for specific pieces of personal information (portability request), we will verify your request to a "reasonably high degree of certainty." This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. - For requests to delete, we will verify your request to a "reasonable degree" or a "reasonably high degree of certainty" depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion. We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request.
d) Response Timing and Format We will respond to a verifiable request within forty-five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option. (Note that the law prohibits us from disclosing at any time a consumer's Social Security number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an Account password, security questions and answers, or any unique biometric data.) If we cannot comply with a request or a portion of the request, we will include the reasons in our response. If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. *Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business. Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.
8) CPRA exemptions
This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).
9) OtherCaliforniaPrivacyRights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
II. Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights
The section relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CDPA), the Virginia Consumer Data Protection Act (VCDPA) and the Utah Consumer Privacy Act (UCPA).
This section shall be effective for the residents of those States on the dates set forth below: - Effective January 1, 2023, for residents of the State of Virginia - Effective July 1, 2023, for residents of the States of Colorado and Connecticut - Effective December 31, 2023, for residents of the State of Utah
For purposes of this section, "residents", "consumers" or "you" means individuals of those states who are acting in their individual or household context. This section does not apply to individuals acting in their commercial or employment context.
1) Personal Information we collect
You have a right to know the categories and types of personal information we collect about you. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
2) Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the INFORMATION WE MAY COLLECT section of our Privacy Policy.
3) Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information available to you in the USE OF INFORMATION section of our Privacy Policy.
*For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.
4) Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties. We make this information available to you in the SHARING OF INFORMATION section of our Privacy Policy.
5) No Sale of Data or Use of Data for Targeted Advertising
We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law). We may send you advertising in response to your request for information or feedback or based on your activities with our Services, including your search queries and visits to our Services. However, we will not send you targeted advertising based on your activities across non-affiliated websites, applications or platforms to predict your preferences or interests.
6) Your Rights
a) Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following: - Right to access. You have the right to know if we process your personal information and have access to such information and certain details of how we use it. - Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you. - Right to delete. You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to: - Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client; - Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; - Comply with a legal obligation; or - Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it. - Right to restriction of processing (opt-out). You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you. (This right only applies to residents of the States of Colorado, Connecticut and Virginia.) - Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party. - Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services. - Right to restrict the processing of sensitive information Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 8 (Exemptions) below or as otherwise allowed by law: - For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and - For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.
b) ExercisingYourRights You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by either emailing us at [email protected].
c) Authentication Process We will only fulfill request when we can verify your identify and confirm that you are authority to make such a request. Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information. If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf. We will only use the personal information you provide in a request to verify your identity or authority to make the request.
d) ResponseTimingandFormat We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. If you have an Account with us, we will deliver our written response to that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option. If we cannot comply with a request or a portion of the request, we will include the reasons in our response. *For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge. *For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge. We reserve the right to charge a fee to process or respond to any request that we consider excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
7) RighttoAppeal
You have the right to appeal our decision within a reasonable period of time after receipt of our response. You may appeal our decision by sending us an email at [email protected]. We will respond to your appeal within 60 days of receipt (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.
* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller. Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.
8) Exemptions
This section (Notice of Colorado, Connecticut, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following: covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach- Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector- specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver's Privacy Protection Act of 1994 (DPPA).
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