Hall of Fantasy League Terms of Service
Please read these Terms of Service (“Terms”) carefully. These Terms of Service govern your access to and use of the Hall of Fantasy League’s website and mobile app (the, “App”), including all information, services and other content provided on https://thehofl.com/ or within the App (collectively, the “Site”). By accepting these Terms or by accessing and using the Site, you agree that: (1) you have read and agree to be bound by these Terms, and (2) these Terms constitute a binding agreement between you and Mountaineer GM, LLC (“HOFL,” “we,” “us,” and/or “our”). If you do not agree to these Terms, you are not permitted to access or use the Site.
ARBITRATION NOTICE: These Terms contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details.
- Representations and Warranties. By using the Site, you represent, warrant, covenant, and agree that:
- You are at least eighteen (18) years of age;
- Use of the Site is not prohibited by any federal, state, municipal, local, or other laws, ordinances, statutes, regulations, treaties, or other binding legal enactments in the location in which you are located, and that you will immediately cease and desist your use of the Site should you discover such use to be prohibited by one or more controlling laws;
- You are physically situated within the United States of America, inclusive of its various states, territories, and federal enclaves, and not physically situated in any other country, principality, republic, territory, state, district or enclave;
- You are using the Site for yourself, and not on behalf of, for the benefit of, in cahoots with, at the direction of, or in connection with any other person or entity; and
- You have read these Terms, considered the Terms, and are electing to proceed to be bound by the Terms by virtue of your own free will and not due to any coercion or the coercive efforts of HOFL or any third party.
- Fantasy Sports. HOFL is a fantasy sports league in which participation is limited to ten teams, each managed, en toto, by one or more persons engaged by HOFL. While HOFL encourages users to interact with team managers, to assert opinions about teams, and to otherwise carry on as fans of the various teams, HOFL does not vest any control of the teams in any persons other than those specifically contracted by HOFL (with such contractual privity arising outside of these Terms in a separate contract with a third party and HOFL). Users will have no direct control over, dominion of, or ownership of any team. While users’ input may be considered by team managers, such team managers have no obligation to respond to or incorporate any users’ input into the team manager’s management of the applicable team. Users are not themselves participating in a fantasy football contest, and status as a user of the Site does not, under any circumstances whatsoever, unto itself, entitle any person to share in any monetary proceeds of the fantasy football contest.
- Staking. Teams participating in the fantasy football contest have the ability to sell stakes to members of the public. Such sales shall occur solely through a third party platform managed and maintained by StakeKings, Inc. (“SK”). HOFL makes no representations or warranties as to the services of SK, HOFL does not control or supervise the services of SK, and you agree HOFL shall have no liability – in law or equity – for any actions or inactions on the part of SK or for any claims stemming from the utilization of SK’s services. HOFL is not in the business of issuing, selling, exchanging, or otherwise facilitating staking interests being conveyed to members of the public, nor in the business of servicing backers who may acquire staking interests.
- Service Use Verification. To use the Site’s features (collectively, the “Services,” with each such feature being a “Service”), you may be required to provide certain information concerning yourself, your various social media accounts, and/or your status with other third party persons or entities who we – in our sole and absolute discretion – deem appropriate identity verification parties. In providing information to HOFL, you agree to be truthful, to not materially omit relevant information, and to promptly notify us – at the address below – of any errors or omissions. For purposes of these Terms, if we ask you to provide us with your status with one or more third party persons or entities, whether for identity verification purposes or otherwise, and you furnish such information (whether by “linking” accounts, or otherwise), you are further agreeing that all information you have furnished, or will furnish, to such third party is truthful, and that you have not materially omitted any relevant information in your dealings and interactions with such third party(ies).
- Limitations on User Content. You shall not upload, develop, create, share, post, image or otherwise introduce any User Content which is defamatory, tortious, obscene, libelous, slanderous or otherwise actionable in nature, nor may you – through your User Content – assault, threaten, harass, intimidate, bully, or engage in actionable conduct toward any third party. You agree to not utilize User Content to advertise any third party individual or entity, nor to advertise the services of any third party. Additionally, you will not create or introduce any User Content which is fraudulent – expressly or by omission – in nature.
- Use of the Site. We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site, you will not:
- access data not intended for you or log onto a server or an account that you are not authorized to use;
- circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
- interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site;
- modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
- transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
- use the Site in a manner that is inconsistent with any and all applicable laws and regulations.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by HOFL in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted User Content for any reason.
- Trademarks. The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to HOFL. The use of these marks, except as provided in these Terms, is prohibited. From time to time, HOFL makes fair use in the Contents of trademarks owned and used by third parties. HOFL makes no claim to ownership of those marks. You may not use HOFL’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, for promotional, advertising or any other commercial purpose, unless and to the extent HOFL specifically agrees in writing.
- Indemnification. You are solely responsible for all User Content that you post. HOFL is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree to indemnify, defend and hold harmless HOFL and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Site, including any Content; or (2) your breach of these Terms. HOFL reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Our Content. The Site, including all information, Services, images, logos, trademarks, graphics, software, and other content made available by HOFL on the Site (collectively, the “Content”) are the sole property of HOFL, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Content, except to the extent expressly permitted by HOFL. You may download and copy Content made available to you on the Site for your personal and non-commercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license set forth in these Terms, HOFL does not convey any interest in or to the Content. All rights not expressly granted herein are reserved by HOFL, its affiliates and their licensors.
- Limited License to Content. Subject to these Terms, we grant each user of the Site a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Content solely for purposes of using the Site. For avoidance of doubt, use, reproduction, modification, distribution or storage of any Content in connection with any activity or for any purpose other than your use of the Site is expressly prohibited.
- Mobile Network. When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply, and you shall be solely liable for the payment of such rates and fees. Downloading, installing or using certain aspects of the App may be prohibited or restricted by your network provider and not all parts of the App may work with your network provider or device.
- Use of the Mobile App. If you are using the App, you agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using the Apple app store (“App Store”) or Google Play, as applicable. You are responsible for reviewing the applicable App Store or Google Play terms and conditions and complying with such terms and conditions while using the App.
Without limitation of the foregoing, if you are downloading the App through the App Store for use on an Apple-branded product, the following terms apply:
- Acknowledgment of Parties. These Terms are made between you and HOFL, and HOFL, not Apple Inc. (“Apple”), is responsible for the App and the contents thereof.
- Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your App Store account via Family Sharing or volume purchasing.
- Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
- Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through HOFL, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Product Claims. You agree that your recourse for product claims arising from the App shall be through HOFL, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, you agree that your recourse under these Terms will be through HOFL and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
- Your Account Information. To the extent you choose to create an account with the Site, you are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Site. The security, integrity and confidentiality of your information are extremely important to us.
- Limitation of Liability. HOFL SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00). THESE LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF ABODE.
- Governing Law. These Terms shall be governed by the laws of the State of Ohio, without regard to its conflict of laws principles.
- Arbitration Agreement and Class Action Waiver; Choice of Venue.
- Mandatory Arbitration. YOU AND HOFL AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and HOFL waive the right to a trial by jury and any right to have a Dispute heard in court.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and HOFL agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and you and HOFL further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.
- Arbitration Class Action Waiver. You and HOFL agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
- Non-Arbitration Class Action and Jury Waiver; Choice of Venue. You and HOFL agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and HOFL waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; (3) neither you nor HOFL may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding; and (4) the Dispute will be subject to the exclusive jurisdiction of the state and federal courts situated within the State of Ohio.
- Digital Millennium Copyright Act. We take the intellectual property rights of others seriously and require that all users of the Site do so, as well. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented. If you own a copyright, or have authority to act on behalf of a copyright owner, and want to report a claim that a third party is infringing that material on or through the Site, pursuant to 17 U.S.C. § 512 please send a notice to firstname.lastname@example.org that includes all of the items below, and we will expeditiously take appropriate action:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location (with sufficient detail) of that material;
- Your name, address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
We may forward the take-down notification to the accused infringer. We may, at our discretion, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
- Views. You acknowledge that the views and opinions expressed by persons on or through the Site – including our employees, our agents, our users, third parties, yourself, and others – are solely those of the person(s) expressing such views, and do not necessarily represent the views or opinions of HOFL.
- No Warranty. The site and any content provided on the site is provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these Terms.hofl makes no representations or warranties of any kind regarding: (1) the content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of the content, or (B) the results obtained or to be obtained from the content; or (2) the absence of any malware or other harmful code on the site or within any content. You expressly acknowledge that technological faults of yours or ours may have an adverse impact on your use of the site, may interfere with your use of the site, and may prevent you from being successful in one or more contests hosted on the site – to your potential monetary detriment. You agree that we shall have no liability for any such technological faults, and that you fully assume the risk of such faults when utilizing the site. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
- Termination. We may suspend or terminate your use of the Site at any time, for any reason or no reason at all, with or without prior notice to you. Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site and delete or uninstall the Site from your mobile device, as applicable. HOFL reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. If your use of the Site is suspended or terminated, you agree not to use the Site with the identity of any third party or through the use of any alias.
- Export Control. HOFL controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) listed on any U.S. government lists of prohibited or restricted parties.
- Savings. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Amendment and Entire Agreement. We may, in our sole and absolute discretion, change these Terms from time to time, with or without notice to you. Your use of the Site will always be bound and governed by the Terms in effect at the time of such use. You may read these Terms at any time in the Site and see, at the bottom of these Terms, the last date on which they were amended (if ever). These Terms are the entire agreement between you and HOFL relating to the subject matter set forth in these Terms.
- Version. These Terms were last updated on March 30, 2021, and this is version 1.0 of the Terms.
- Electronic Communications.These Terms and any other documentation, agreements, notices, or communications between you and HOFL may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- How to Contact Us.If you have any questions about these Terms, please contact us at the Contact Us feature on the Site.You can also email us email@example.com.