Terms and Conditions

Effective date August 6th, 2019

NBC Sports Ventures, LLC and its parent, subsidiary and affiliated companies (collectively, "NBC Sports", "we", "our" or "us") maintain websites, Subscriber Video on Demand (SVOD) and other services, products, related software, and/or or mobile or tablet applications relating to our sports offerings (collectively, the "Services"). These Terms of Use apply whenever the Services are made available to you, regardless of platform or device used. In addition, any agreement with an Authorized Reseller of the Services (each, an "Authorized Reseller Agreement") 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 THE SERVICES, YOU AGREE TO THESE TERMS OF USE.

Throughout these Terms of Use, you will see capitalized words or phrases. These capitalized words and phrases are defined terms and the definitions for such terms are found either in these Terms of Use, the Authorized Reseller Agreement, or in our Privacy Policy, found here: https://www.nbcuniversal.com/privacy.

1.         Acceptance of Terms of Use

By accessing or using the Services, you agree to be bound by, and to have irrevocably agreed to, these Terms of Use. If you do not agree with any of these Terms of Use, including the Privacy Policy incorporated herein, please do not use the Services.

Some areas of the Services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use unless otherwise expressly stated. Note that in some instances, both these Terms of Use and separate additional terms or licenses, guidelines, rules or terms of use will apply to your use of certain Services offered and/or operated by NBC Sports, including, without limitation, the Authorized Reseller Agreement entered into between you and an Authorized Reseller (in each such instance, and collectively, "Additional Terms"). As between NBC Sports and you, 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 then the Additional Terms (if issued by NBC Sports directly and not under any Authorized Reseller Agreement) shall take precedence. As between an Authorized Reseller and you, where any direct conflict exists between these Terms of Use, and any Additional Terms, then the Additional Terms shall take precedence. See Section 3 for further clarity.

You must have (and, by using the 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 THE 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 OUR SITE OR VIA THE APPLICABLE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE 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 the 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 the 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 the Services in accordance with these Terms of Use.

2.         Permitted Use

By using any U.S. fee-based products that we may offer currently or in the future via an Authorized Reseller as part of our Services (collectively, "Fee-Based Products"), you agree to the terms and conditions set forth in any applicable Authorized Reseller Agreement entered into between you and such Authorized Reseller, these NBC Sports Pub Pass Terms of Use, and our Privacy Policy.

Authorized Reseller. An "Authorized Reseller" is a business partner that has entered into a contractual relationship with NBC Sports to make available the Services subject to your execution of an Authorized Reseller Agreement.

Commercial Establishment. You agree that if you intend to gain any commercial benefit from the ability to access or use the Services, you are limited to subscribing to those Fee-Based Products offered to commercial establishments via an Authorized Reseller. Otherwise, your subscription to any other Fee-Based Product (not explicitly offered to commercial establishments) is only valid for your personal, non­commercial use and any other use is strictly prohibited. Note: Renewal of any current subscription to Fee-Based Product(s) not for commercial establishments is and continues to be your violation of this Agreement.

You intend to gain commercial benefit from the ability to access or use the Services as reasonably determined by us, including, but not limited to, if:

  • You are a commercial establishment, such as a gym, restaurant pub, club or bar.
  • You charge, or allow others to charge, a direct or indirect admission fee for entry to the establishment.
  • You exploit, or allow others to exploit, sponsorships or commercial rights of association in connection with your establishment.
  • You stage additional commercial activities in relation to the ability to access or use the Services that are separate from those activities that your establishment is reasonably expected to operate in its ordinary course of business.

Applicable to the Permitted Use. The 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, 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 the Services and Content and that your use of the 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 the 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) any copyright, trademark, or other proprietary notices marked on the Services or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with the Services or Content, or (iii) any advertisement on the Services and/or within Content.

You may use your account to access a maximum of one (1) stream of Content at any time across one (1) Device. Except as set forth herein, simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. Note to Commercial Establishments: If you are permitted to subscribe to a Fee-Based Product for commercial establishments, you are allowed to purchase one (1) subscription for each Device within your establishment for which you intend to access, view, and stream the Services.

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 the 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 the 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 the Services. (See Section 21 below for terms applicable to use of links to the Services.) You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the 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 the Services or Content, whether or not for profit (notwithstanding that you may access, view, and stream the Services via a permitted Fee-Based Product for commercial establishments).

To the extent that NBC Sports makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism or other content protection or access control measure associated with Content, or any advertisement delivered with Content.

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, any Authorized Reseller, the Content, or the Services (for example, as a sponsor, supplier or similar).

3.         Fee-Based Products and Your Authorized Reseller Agreement

When you enter into an Authorized Reseller Agreement, you agree to these Terms of Use but we are not entering into an agreement with you based on the terms of the Authorized Reseller Agreement. NBC Sports makes its Services available to Authorized Resellers to make available to commercial establishments, like you, but NBC Sports has no control over, and no responsibility for, the acts or omissions of any Authorized Reseller. NBC Sports is solely a third-party beneficiary of any such Authorized Reseller Agreement you have entered into.

You hereby acknowledge and agree that our Authorized Resellers are express third-party beneficiaries of these Terms of Use, have the right to enforce these Terms of Use against you, and are entitled to all benefits hereunder.

Please reach out to your Authorized Reseller for any questions, concerns, or disputes with respect to the Fee-Based Products and the Services, including but not limited to, the following items:

  • Your account
  • Your use of the Services and subscription to Fee-Based Products
  • Availability of Fee-Based Products and the Services
  • Billing information
  • Charges and Fees
  • Cancellation
  • Refunds
  • Customer Support

AEG CONTACT INFORMATION:

4.         Registration, Passwords, and Unauthorized Use of Your Account

If you establish an account with an Authorized Reseller for the Services, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for the 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 your Authorized Reseller of any unauthorized use of your password or account or any other breach of security.

5.         Access to and Availability of Services

The Services are intended for use by users who are over the age of 13 and reside in the United States, its territories, possessions and protectorates ("U.S.") By using or attempting to use the Services, you certify that you meet all eligibility and residency requirements.

You are responsible for any charges incurred in obtaining access to the Services via an Authorized Reseller.

NBC Sports may change, suspend or discontinue any aspect of the 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 agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Services or these Terms of Use.

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

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 the Services. Click here to view the notice, which forms part of these Terms of Use.

Any personal details and data acquired by NBC Sports from your accessing or use of the Services will be collected and/or used in accordance with our Privacy Policy, including targeted advertising and tracking information we collect automatically. You understand and agree that your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the Services. To learn more about how you can opt-out of targeted advertising, please review our Cookies and Tracking Technologies Policy.

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

Wireless Features. The 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 the Services' features and upload content to the Services, receive messages from the 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.

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 privacy@nbcuni.com.

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on the Services. Where the 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 the 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 Privacy Policy to find out more about how the 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 the Services. You are responsible for the content of your communications (including User Content (as defined in Section 10)) via the Services.

  • No Interference. You may not interfere with any other user's ability to use or enjoy the Services.
  • No Bullying. You may not use the 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 the Services, or to obtain unauthorized access to the 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 the Services or use the 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 the Services violates this provision.
  • No Collection of Personal Information from Other Users. You may not collect information about other users of the Services except as permitted in our Privacy Policy 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 the 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 the 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 the Services that violates any applicable law (including applicable regulation or judicial order, "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 the 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 the Services. During monitoring, any information relating to any user or their respective activities on the 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 the 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's 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. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.

No Rights Created by Submission and No Payment for User Content. 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.

Use of Name and Likeness. By posting User Content on the 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, the 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 the 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 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 the 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 the Services. Merchants are different than Authorized Resellers but the above shall also apply to Authorized Resellers.

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, none of NBC Sports or any of its Authorized Resellers make any warranty or representation as to the accuracy, timeliness, reliability, completeness or otherwise of any product or service.

WE PROVIDE THE SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBC SPORTS, THE AUTHORIZED RESELLERS, AND THEIR RESPECTIVE PARENTS, 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 THE 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 THE 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 THE 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, AND UNAUTHORIZED USE OF YOUR ACCOUNT) OR (2) CONTENT POSTED TO THE 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 THE NBC SPORTS PARTIES FOR THE SERVICES 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, the 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 THE 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 the Services; and (d) any breach of any representation, warranty or other terms or conditions relating to use of your User Content or the 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 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 the Services, without prior notice, for: (i) permitting another person or entity to use your identification to access or use the Services, (ii) any unauthorized access or use of the 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, the Services. You may terminate your account as set forth in your Authorized Reseller Agreement. Termination, suspension, or cancellation of these Terms of Use or your access rights to the 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 the 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: dmca.agent@nbcuni.com

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 non­transferable license to create hyperlinks to the 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 the 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 e­mail, 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 Services are not appropriate or intended to be available for use outside the U.S. If you choose to access the Services from other locations you do so in violation of these Terms of Use.

24.       Export Control

Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote the Services and other products available in the U.S. No NBC Sports Party makes any representation that materials on the Services are appropriate or available for use outside the U.S. Those who choose to access the 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 the 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 the 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 or any Authorized Reseller made through the Services, or (iii) any data or information you may provide to NBC Sports or any Authorized Reseller or that NBC Sports or any Authorized Reseller may gather in connection with such use, interaction or transaction conducted through the 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 Services, or engaging in any other NBC Sports Transactions or Relationships with NBC Sports or any Authorized Reseller, 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. You agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against NBC Sports or any Authorized Reseller, and any claim that NBC Sports or any Authorized Reseller 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:

a.      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 or the Authorized Reseller (as applicable) (the "Arbitrator");

b.      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;

c.      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 the Authorized Reseller (as applicable); 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.

d.      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;

e.      No Class Relief. The Arbitration can resolve only your and/or NBC Sports' or the Authorized Reseller's 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;

f.       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;

g.      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;

h.      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

i.       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 the 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: dmca.agent@nbcuni.com

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.

a.     Jurisdiction. 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.

b.      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.

c.      Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 26 DISPUTE, 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.

d.      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 the 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 the Services, and NBC Sports reserves the right, but shall have no obligation, to monitor disputes between you and any other user of the Services.

28.       Notice to California Users

Under California Civil Code Section 1789.3, California users of the 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 (916) 445-1254 or (800) 952-5210.

29.       General

a.     Applicable law. These Terms of Use, any Additional Terms and the relationship between you and NBC Sports or any Authorized Reseller shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.

b.     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.

c.      No Waiver. No failure or delay by NBC Sports or any Authorized Reseller 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.

d.     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.

e.      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 the Services, or these Terms of Use, 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.

f.      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.

g.     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.

h.     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.

i.       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 the Services, and all charges related thereto, are your sole responsibility.

30.       Terms Applicable For Apple iOS

If you are accessing or using the 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:

a.     To the extent that you are accessing the 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.

b.     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: htto://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Services.

c.      You acknowledge that NBC Sports, and not Apple, is responsible for providing the Services and any Content therein.

d.     You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Services.

e.      To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

f.      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 the 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.

g.     Further, you agree that if the Services, or your possession and use of the 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.

h.     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.

i.       When using the 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 the Services.

AUTHORIZED RESELLER

AGREEMENT

The following can also be found in Section 3 Fee-Based Products and Your Authorized Reseller Agreement and is re-stated here for your convenience:

When you enter into an Authorized Reseller Agreement, you agree to these Terms of Use, but we are not entering into an agreement with you based on the terms of the Authorized Reseller Agreement. NBC Sports makes its Services available to Authorized Resellers to make available to commercial establishments, like you, but NBC Sports has no control over, and no responsibility for, the acts or omissions of any Authorized Reseller. NBC Sports is solely a third-party beneficiary of any such Authorized Reseller Agreement you have entered into.

You hereby acknowledge and agree that our Authorized Resellers are express third-party beneficiaries of these Terms of Use, have the right to enforce these Terms of Use against you, and are entitled to all benefits hereunder.

Please reach out to your Authorized Reseller for any questions, concerns, or disputes with respect to the Fee-Based Products and the Services, including but not limited to, the following items:

  • Your account
  • Your use of the Services and subscription to Fee-Based Products
  • Availability of Fee-Based Products and the Services
  • Billing information
  • Charges and Fees
  • Cancellation
  • Refunds
  • Customer Support

AEG CONTACT INFORMATION:

800 West Olympic Blvd., Suite 305, Los Angeles, CA 90015