NBC SPORTS PREDICTOR TERMS OF USE

Effective date December 17, 2018

NBC Sports Ventures, LLC and its parent, subsidiary and affiliated companies (collectively, “NBC Sports”, “we”, “our” or “us”) maintain websites, mobile apps, games, interactive TV, and other services, products, related software, and/or or mobile or tablet applications relating to our NBC Sports offerings (collectively, our “Services”).

These Terms of Use apply whenever you access the Services, regardless of platform or device used. In addition, certain Services allow for a gameplay and the posted official rules for entry (“Official Rules”) shall also apply.

PLEASE READ THESE TERMS OF USE CAREFULLY.

THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING OUR SERVICES YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OUR SERVICES.

Throughout these Terms of Use, you will see capitalized words or phrases. These capitalized words and phrases are defined terms and the definitions are found either in these Terms of Use, the applicable Official Rules, or in our Privacy Policy found here: https://www.nbcuniversal.com/privacy/mobile-apps (collectively referred to herein as the “Terms of Use”).

TABLE OF CONTENTS

This table of contents provides a summary of these Terms of Use. This table of contents is intended to help guide you but should not be read as a complete presentation of all of the terms and conditions contained herein. When you agree to the Terms of Use, you accept all of the terms and conditions included and referenced in these Terms of Use, not just those set out in this table of contents.

1. Acceptance of Terms of Use. When you download the Software and each time you access and/or use our Services, you agree to be bound by these Terms of Use and any additional terms that will apply prospectively to you. You agree to accept notice of posting of any new terms via this platform or device from which you accessed these Terms of Use.
2. Permitted Uses. We grant you a limited revocable license to use our Services for your own personal, non-commercial use, subject to certain rules and limitations.
3. Access to and Availability of Online Services. Your use of our Services is subject to various restrictions designed to protect our Services and its users. We may change or discontinue our Services in whole or in part at any time.
4. Registration, Passwords, Unauthorized Use of Your Account and Sharing of Social Features. You will provide true, accurate and current information if you establish an account with us. Our Services may include a social network. Your activities with our Services (including interaction with other members, advertisers, videos viewed or audio accessed) may be shared with others in accordance with our Privacy Policy.
5. Digital Items, Credits, Gameplay. Gameplay is at all times subject to the applicable Official Rules. Any digital items and credits are provided subject to a limited revocable license to you for certain virtual goods and game play, and except as set forth in any applicable Official Rules, have no cash value.
6. You Agree to Our Privacy Policy, Third Party Ads, and Video Disclosure. By using our Services, you consent to our Privacy Policy and our practices detailed therein, including targeted advertising, the use of tracking technologies, and video disclosure.
7. Wireless and Location-Based Features; Social Media Plug-Ins. Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details.
8. Your Conduct and Acceptable Use. Your use of our Services is subject to our rules regarding acceptable conduct and practices.
9. Monitoring. We may, but have no obligation to, monitor your use of our Services.
10. User Content; Grant of Limited License. You grant us a broad license to any content that you post on our Services and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our Services.
11. Merchants. We are not responsible for your business dealings with merchants accessible through, or advertising on, our Services.
12. Children’s Online Privacy Protection Act Notification. Our Services are not designed or intended for use by children and will be subject to parental controls.
13. Disclaimer of Warranties. We disclaim all warranties and provide our Services “As- Is.”
14. Exclusion of Damages. You agree that you are entitled to no damages for any claims related to your use of our Services, except as set out below.
15. Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits. Our liability to you is limited.
16. We are Not Responsible For Third-Party Websites and Content. We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our Services.
17. Indemnification. You agree to indemnify us for material posted by you or through your account.
18. Reservation of Rights. We reserve the right to modify or discontinue our Services at any time subject to these Terms of Use.
19. Termination. We may terminate your account, password or access to our Services in our sole discretion at any time and without prior notice subject to these Terms of Use.
20. Infringement Policy. You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on our Services.
21. Links By You To Our Services. You may link to our Services, subject to some basic conditions.
22. Investigations. We reserve the right to investigate suspected violations of these Terms of Use.
23. Local Regulations. Except as otherwise permitted by law, our Services are not intended to be available in locations outside the United States.
24. Export Control. To the extent our Services are accessed outside the United States in contravention of these Terms of Use, there are additional legal restrictions on our Services for those countries subject to U.S. export controls and you do so on your own initiative and at your own risk.
25. Binding Arbitration of All Disputes; No Class Relief. You agree to arbitrate and waive jury trial and class actions.
26. Dispute Resolution for Non-U.S. Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law. Non-U.S. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.
27. Member Disputes. You are solely responsible for your communications with members or visitors to our Services.
28. Notice for California Users. Residents of California are entitled to specific consumer rights information.
29. General. By accessing and using our Services, you agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Use; (d) your limited time to file claims; and (e) the manner in which you communicate with us. You also agree not to assign or delegate your rights and obligations under these Terms of Use.
30. Terms Applicable for Apple iOS. There are some other things you should know if you are accessing or using our Services through an Apple device.

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1. Acceptance of Terms of Use

By accessing or using the Services, including by downloading the Mobile App (as defined in Section 7) via the software (“Software”), you agree to be bound by, and to have irrevocably agreed to, these Terms of Use. If you do not agree, please do not download the Software or use our Services.

Some areas of our Services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. For any contest, sweepstakes, promotions, including but not limited to game play, we will post additional terms in the form of Official Rules and your entry is at all times subject to those Official Rules.

These additional terms will be posted in connection with the applicable Services and will be in addition to these Terms of Use and at all times incorporated herein. Such additional terms will not change or replace these Terms of Use unless otherwise expressly stated. Where any direct conflict exists between these Terms of Use, or any additional terms, and the applicable Privacy Policy, the terms of the Privacy Policy shall take precedence. However, provisions unique to these Terms of Use (e.g., arbitration) will remain in effect as provided here. You must have (and, by using our Services, you warrant that you have) the legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

EACH TIME YOU ACCESS OR OTHERWISE USE OUR SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THIS SITE OR VIA OUR APPLICABLE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF OUR SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use and any applicable additional terms each time you use our Services (or at the very least prior to each transaction or submission). The additional terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Use (and any applicable additional terms) that applied when you previously used our Services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of any new, revised or additional terms and conditions is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional Terms of Use by discontinuing use of our Services.

2. Permitted Uses

Non-commercial Use. Your use of our Services is limited solely to your personal and non-commercial use. You may only create one (1) account and you may only use your account to access the Services a maximum of one (1) time at any time across all of your Devices.

End User License Agreement. The Software and accompanying documentation, and the Services, are licensed, not sold or otherwise transferred to you by NBC Sports. You are hereby granted a limited non-transferable, non-exclusive license to use the Software and the Services, and any upgrades to the Software that replace or supplement the Software, on any Device that you own or control for the purpose of accessing the NBC Sports Services.

Our Services contain material that is derived in whole or in part from material supplied and owned by NBC Sports as well as third parties (collectively, “Content”). As between NBC Sports and you, NBC Sports owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with our Services and Content. You acknowledge NBC Sports’ valid intellectual and proprietary property rights in our Services and Content and that your use of our Services is limited to the online access, viewing, streaming and (where expressly permitted by NBC Sports) temporary offline access of Content, all solely as authorized by NBC Sports. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest in or to our Services or Content or to any portion thereof except for the limited rights expressly granted herein.

You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) the Software, (ii) any copyright, trademark, or other proprietary notices marked on our Services or Content, (iii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iv) any advertisement on our Services and/or within Content. The foregoing shall apply to you regardless of the method in which NBC Sports makes the Services available to you.

You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our Services or Content unless expressly permitted by NBC Sports in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make our Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of our Services. (See Section 21 below for terms applicable to use of links to our Services.) You may not rent, lease, lend, sell, redistribute or sublicense the Software, or distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures. You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of our Services or Content, whether or not for profit.

You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

You may not do, nor authorize to be done, anything which, in our opinion, may give rise to the belief that you are in any way officially associated with NBC Sports, the Content, or the Services (for example, as a sponsor, supplier or similar).

3. Access to and Availability of Services

Our Services are intended for use by users who are over the age of 18 and reside in the United States, its territories, possessions and protectorates (“U.S.”). By using or attempting to use our Services, you certify that you meet all eligibility and residency requirements.

NBC Sports may change, suspend or discontinue any aspect of our Services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 below.

You are responsible for any charges incurred in obtaining access to our Services.

You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our Services or these Terms of Use.

4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features

If you establish an account with NBC Sports, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify NBC Sports of any unauthorized use of your password or account or any other breach of security. You understand and agree that our Services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off our Services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.

5. Digital Items, Credits, Gameplay.

We may offer you digital items or credits. Except as set forth in any Official Rules, digital items (including credits, points, and/or virtual currency or any virtual items made available on the online services) have no monetary value (i.e., are not a cash account or equivalent), and are of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term.

Except as set forth in any Official Rules, we do not recognize the transfer of digital items or credits (including for “real” money or any other consideration or items of value whether inside or outside of the online services). Accordingly, you may not purchase, sell, barter, or trade any digital items or credits, or offer to purchase, sell, or trade any digital items or credits. Any such attempted transfer will be null and void.

Except as set forth in any Official Rules, you have no property, proprietary, intellectual property, ownership, or monetary interest in your digital items or credits, which remain our Content. We may also immediately suspended or terminate the rights we grant you to digital items or credits for any or no reason, in our sole discretion, and without advance notice or liability. We may modify digital items or credits at our sole discretion, and such modifications may make the digital items or credits more or less common, valuable, effective, or functional.

Except as set forth in any Official Rules, if we suspend or terminate any digital items or credits, then you will forfeit the suspended or terminated items. Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing the same, or providing you any credit or refund or any other sum, in the event of our modification of any digital items or credits, or for loss or damage due to error, or any other reason.

6. You Agree to Our Privacy Policy, Third Party Ads, and Video Disclosure.

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on our Services. The Privacy Policy found here: https://www.nbcuniversal.com/privacy/mobile-apps forms part of these Terms of Use.

Any personal details and data acquired by NBC Sports from your accessing or use of our Services will be collected and/or used in accordance with our Privacy Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please review our Cookies and Tracking Technologies Policy here: https://www.nbcuniversal.com/privacy/cookies.

If we provide any video Content the following Video Disclosure shall apply:

By using this Mobile App (as defined in Section 7 below), I affirmatively consent that NBC Sports may use and share my video viewing information with third parties for up to 2 years or until consent is withdrawn. I specifically agree that NBC Sports may collect, track and share the following types of information about me when I use this Mobile App:

Unique Device Identifier: The unique series of numbers and letters assigned to my device. Videos Viewing: The video/streaming content I access via this Mobile App. NBC Sports may track your video viewing for our research, analytics or ad serving purposes.

We may share the information above with:

• “Ad Networks”: Companies that display ads to you in this Mobile App.
• “Data Analytics Providers”: Companies that collect and analyze the information we collect about you including Nielsen (see “Licenses” tab to opt out).
• “Social Networks”: Companies that connect individuals around common interests and facilitate sharing (e.g., Facebook).

7. Wireless and Location-Based Features; Social Media Plug-ins

Wireless Features. Our Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access our Services’ features and upload content to our Services, receive messages from our Services, and download applications to your wireless Device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Services for Wireless Features, then you agree to notify NBC Sports of any changes to your wireless contact information (including phone number) and update your accounts on our Services to reflect any changes.

Location-Based Features. For Services on mobile Devices (“Mobile Apps”) when you use one of our location-enabled Services, we may collect and process information about your actual location. Some of the Mobile Apps or Services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a Device, you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy.

In addition, where any Mobile App collects precise information about the location of your Devices, it will be used to provide requested location services, and, depending on the particular Mobile App, it may be used, amongst other uses, to allow tagging or to check-in.

Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

Please see our Privacy Policy to find out more about how to opt out of providing location information or contact [e-mail].

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature, the Twitter “Tweet this” feature, Google Plus “1+” button, or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our Services. As with other sites, you may be able to delete any existing cookies placed on your computer by the social network via your browser. See Section 1 of our main Privacy Policy  to find out more about how our Services contain plug-ins to social media networks.

8. Your Conduct and Acceptable Use

The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 10)) via our Services.

• No Cheating. You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify an NBC Sports Service or game experience to create an advantage for one user over another.
• No Interference. You may not interfere with any other user’s ability to use or enjoy our Services.
• No Bullying. You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
• Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
• Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
• Don’t Damage Our Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our Services, or to obtain unauthorized access to our Services or Content or any data or other information of any third party.
• No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content or any information contained therein for any unlawful purpose. NBC Sports, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
• No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
• Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
• No Criminal or Unlawful Conduct. You may not use our Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
• Follow These Terms of Use and Conduct Rules. You may not take any action on or through our Services that violates any applicable law or these Terms of Use.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.

9. Monitoring

NBC Sports may, but has no obligation to, monitor the use by you and other end users of our Services. During monitoring, any information relating to any user or their respective activities on our Services may be examined, recorded, copied, and used for authorized purposes in order to enforce these Terms of Use and in accordance with our Privacy Policy. Furthermore, NBC Sports reserves the right at all times to disclose any information posted on any portion of our Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in NBC Sports’ sole and absolute discretion are objectionable or in violation of these Terms of Use.

10. User Content; Grant of Limited License

Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.

If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such User Content or otherwise have sufficient rights in your User Content to grant to NBC Sports the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to NBC Sports under these Terms of Use, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that NBC Sports, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate NBC Sports or any other person or entity to exercise any of the rights granted by you under these Terms of Use. You will not receive any compensation of any kind for your User Content or our use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Use. You agree that NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.

No Rights Created by Submission and No Payment for User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between NBC Sports, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of User Content. You also agree that NBC Sports does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.

Use of Name and Likeness. By posting User Content on our Services, you consent to the recording, use and reuse by NBC Sports, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content, as used, edited, altered, fictionalized or modified by NBC Sports, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with NBC Sports, our Services or related sites and services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.

Ownership. Except as expressly set forth in these Terms of Use, you shall continue to own all rights in and to your User Content. To the extent your User Content contains other materials or elements owned by NBC Sports or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of such User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and NBC Sports.

Idea Submissions Prohibited. NBC Sports does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to NBC Sports through our Services, including posts on any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to NBC Sports the right and license to the submission as if it were User Content as specifically set forth above. In addition, NBC Sports retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. NBC Sports’ receipt of your unsolicited ideas and materials is not an admission by NBC Sports of their novelty, priority, or originality, and it does not impair NBC Sports’ right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.

Public Nature of Services. While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of NBC Sports. Notwithstanding anything else in these Terms of Use, NBC Sports should not be seen as endorsing any User Content in any way. None of NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) or its officers, directors, employees, licensees, contractors, or agents shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.

Liability for User Content. User Content does not reflect the views of NBC Sports. Notwithstanding anything else in these Terms of Use, NBC Sports should not be seen as endorsing any User Content in any way. User Content posted through our Services is provided by users like you who are unaffiliated with NBC Sports, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not NBC Sports, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit via our Services. None of NBC Sports or its affiliates, or its or their officers, directors, employees, subsidiaries and/or affiliates are responsible for User Content, nor shall they have any liability for any such User Content. NBC Sports does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using our Services, you may be exposed to User Content that is offensive, indecent, or objectionable.

11. Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. NBC Sports will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on our Services.

12. Children’s Online Privacy Protection Act Notification

Our Services are not designed or intended for use by children under the age of 13.

Pursuant to 47 U.S.C. Section 230(d), as amended, NBC Sports hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

13. Disclaimer of Warranties

While NBC Sports uses reasonable efforts to include current information on our Services, NBC Sports makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

WE PROVIDE OUR SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBC SPORTS, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBC SPORTS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE NBC SPORTS PARTIES DO NOT WARRANT THAT OUR SERVICES, OR YOUR ACCESS TO OR USE OF OUR SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE NBC SPORTS PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NBC SPORTS PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITES LINKED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE NBC SPORTS PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NBC SPORTS PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SERVICES OR ANY OTHER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Exclusion of Damages

NONE OF THE NBC SPORTS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR OUR OTHER SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF NBC SPORTS OR ANOTHER NBC SPORTS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NBC SPORTS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE OR OUR OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, THE NBC SPORTS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THIS SITE OR OUR OTHER SERVICES BY YOU OR ANY THIRD PARTY.

15. Limitation of Liability; Applicability of Disclaimers, Exclusions and Limits

IN NO EVENT WILL THE NBC SPORTS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES OR THESE TERMS OF USE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBC SPORTS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBC SPORTS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.

16. NBC Sports Is Not Responsible for Third-Party Websites and Content

For your convenience, our Services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, SUCH THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY NBC SPORTS. ACCORDINGLY, NBC SPORTS (i) MAKES NO WARRANTIES OR OTHER AGREEMENTS REGARDING SUCH THIRD-PARTY WEBSITES, (ii) HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND (iii) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE IN OUR SERVICES DOES NOT IMPLY AN ENDORSEMENT BY NBC SPORTS. PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

17. Indemnification

You agree to defend, indemnify and hold harmless the NBC Sports Parties and their respective directors, officers, employees, contractors and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Use, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto NBC Sports’ servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of our Services; and (d) any breach of any representation, warranty or other terms or conditions relating to use of your User Content or our Services.

18. Reservation of Rights

NBC Sports reserves the right to modify or discontinue, temporarily or permanently, all or any part of our Services and/or any software, facility or service, with or without notice, and/or to establish general guidelines and limitations on their use.

19. Termination

NBC Sports may, in its sole discretion, terminate your password, account (or any part thereof) or use of our Services, or remove and discard any User Content or information stored, sent, or received via our Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access or use our Services, (ii) any unauthorized access or use of our Services, (iii) any violation of these Terms of Use, or (iv) tampering with or altering any of the software, data files, and/or Content contained in or accessed through, our Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Use or your access rights to our Services shall not affect any right or relief to which NBC Sports may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to NBC Sports and its licensors and all rights granted by you to NBC Sports shall survive in perpetuity.

20. Infringement Policy

NBC Sports respects the intellectual property of others, and we ask our users to do the same. Our Services and materials incorporated by NBC Sports therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by NBC Sports in our Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NBC Sports or others.

NBC Sports, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use our Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. NBC Sports accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:

By mail:
Gillian M. Lusins
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112

By e-mail: [e-mail]

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:

• Your name, address, telephone number, and e-mail address;
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NBC Sports to locate the material;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

 

21. Links by You to Our Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by NBC Sports or cause any other confusion regarding your relationship to NBC Sports or its affiliates or to our Services, (c) the link opens in a new browser window and links to the full version of the applicable Services web page; and (d) the links and the content on your website do not portray NBC Sports or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to NBC Sports. NBC Sports reserves the right to suspend or prohibit linking to our Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

22. Investigations

NBC Sports reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any submission, posting or e-mail you make or send to any forum. NBC Sports may seek to gather information from the user who is suspected of violating these Terms of Use and from any other user. NBC Sports may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NBC Sports believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action that it deems appropriate. NBC Sports will fully cooperate with any law enforcement authorities or court order requesting or directing NBC Sports to disclose the identity of anyone posting any e-mail or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS ALL NBC SPORTS PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY NBC SPORTS PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ANY NBC SPORTS PARTY OR LAW ENFORCEMENT AUTHORITIES.

23. Local Regulations

Our content and other Services are not appropriate or intended to be available for use outside the U.S. If you choose to access our Services from other locations you do so in violation of these Terms of Use.

24. Export Control

Unless otherwise specified, the materials on our Services are presented solely to provide information regarding and to promote NBC Sports’ services and other products available in the U.S. Our Services are controlled and operated by NBC Sports from its offices within the State of New York. NBC Sports makes no representation that materials on our Services are appropriate or available for use outside the U.S. Those who choose to access our Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from our Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

25. Binding Arbitration of All Disputes; No Class Relief

This Section 25 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NBC Sports agree that we intend that this Section 25 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 25 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 26 below shall apply to all relevant disputes between you and us.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with any of Services (including this Site), (ii) any purchases or other transactions or relationships with NBC Sports made through our Services, or (iii) any data or information you may provide to NBC Sports or that NBC Sports may gather in connection with such use, interaction or transaction conducted through our Services (collectively, “NBC Sports Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or our other Services, or engaging in any other NBC Sports Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. By using our Services, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against NBC Sports, and any claim that NBC Sports may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any NBC Sports Transactions or Relationships, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute (“Minimum Standards”), NBC Sports agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 25, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 25 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

1. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and NBC Sports (the “Arbitrator”);
2. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or the arbitration provisions in this Section 25, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable;
3. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBC Sports; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
4. Governing Law. The Arbitrator shall (i) apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief;
5. No Class Relief. The Arbitration can resolve only your and/or NBC Sports’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
6. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
7. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBC Sports will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
8. Reasonable Attorney’s Fees. In the event you recover an Award greater than NBC Sports’ last written settlement offer, the Arbitrator shall also have the right to include in the Award NBC Sports’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but NBC Sports shall in all events bear its own attorneys’ fees; and
9. Interpretation and Enforcement of Arbitration Clause. With the exception of subpart E above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart E is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NBC Sports shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

Modification of Arbitration Clause with Notice. NBC Sports may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBC Sports has given notice of such modifications and only on a prospective basis for claims arising from NBC Sports Transactions and Relationships occurring after the effective date of such notification.

Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NBC Sports in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit; provided, that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

26. Dispute Resolution for Non-U.S. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law

This Section 26 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 26 above.

Section 26 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to our Services, Content, these Terms of Use, whether heretofore or hereafter arising, or to any of NBC Sports’ actual or alleged intellectual property rights (collectively, a “Section 26 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 26 Dispute along with a proposed resolution. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current then we have no obligation under this Section 26(A). Your notice to us must be sent to:

By mail:
Gillian M. Lusins
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112
By e-mail: [e-mail]

For a period of sixty (60) days from the date of receipt of notice from the other party, NBC Sports and you will engage in a dialogue in order to attempt to resolve the Section 26 Dispute, though nothing will require either you or NBC Sports to resolve the Section 26 Dispute on terms with respect to which you and NBC Sports, in each of our sole discretion, are not comfortable.

1. The parties agree that the state or federal courts in the State of New York shall have non-exclusive jurisdiction of any Section 26 Dispute.
2. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Use and any Section 26 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes) will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
3. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 26 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 26(A) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 26 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
4. Injunctive Relief. The foregoing provisions of this Section 26 will not apply to any legal action taken by NBC Sports to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our Services, any Content, your User Content and/or NBC Sports’ intellectual property rights, NBC Sports’ operations, and/or NBC Sports’ products or services.
   27. Member Disputes

You are solely responsible for any interaction with other members or visitors to our Services, and NBC Sports reserves the right, but shall have no obligation, to monitor disputes between you and any other user of our Services.

28. Notice to California Users

Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at [phone] or [phone].

29. General
    1. Applicable law. These Terms of Use, any Additional Terms and the relationship between you and NBC Sports shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
    2. Subject to the arbitration provisions in Section 25 above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
    3. No Waiver. No failure or delay by NBC Sports in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.
    4. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
    5. Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of this Site or our other Services, or these Terms of Use, any Official Rules, our Privacy Policy, or other NBC Sports Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    6. Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
    7. This Is the Entire Agreement. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
    8. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without NBC Sports’ prior written consent.
    9. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access our Services, and all charges related thereto, are your sole responsibility.

 

30. Terms Applicable For Apple iOS

If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms of Use by this reference:

1. To the extent that you are accessing our Services through an Apple Device, you acknowledge that these Terms of Use are entered into between you and NBC Sports and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as a third-party beneficiary as contemplated below.
2. The license granted to you in Section 2 of these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
3. You acknowledge that NBC Sports, and not Apple, is responsible for providing our Services and any Content therein.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services.
6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and NBC Sports, NBC Sports and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 13, Section 14 and Section 15 above, NBC Sports’ liability to you for use of our Services is greatly limited.
7. Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
9. When using our Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with our Services.

 

If you have any questions, comments or claims, please contact NBC Sports at:

E-mail: [e-mail]