Stake a Team

Hall of Fantasy League Terms & Conditions

HOFL NFT PROMOTION

The HOFL NFT Promotion (the “Promotion”) is sponsored by Mountaineer GM, LLC, 2626 Fulton Dr. NW, Canton, OH 44718 (the “Sponsor”). The terms “you” or “your” mean the person to whom a Promotion Bonus (defined below) is issued to upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion “Terms and Conditions”. Receipt of Promotion Bonus may require participants to sign paperwork issued by the Sponsor.

  1. Staking Period: Eligible individuals must purchase new Stake(s) of $75 or more in the aggregate in any HOFL Franchise beginning around 12:00 pm ET on Wednesday, September 8, 2021 until 7:59:00 pm ET on Thursday, September 9, 2021 (the “Staking Period”), or have purchased a total aggregate Stake of $75 or more in any HOFL Franchise at any point in relation to the 2021 HOFL season.
  2. Eligibility: The Promotion is open to the individualsduring the Staking Period who at the time and date of entry are new HOFL Stakeholders (defined below) that have purchased a total aggregate Stake of $75 or more in any HOFL Franchise, who are legal residents of a HOFL Participating State (as defined below) and are eighteen (18) years of age or older. For this Promotion only, existing HOFL Stakeholders who have purchased a total aggregate Stake of $75 or more in any HOFL Franchise in relation to the 2021 HOFL season are also eligible for this Promotion.  Employees, officers and directors of the Sponsor, and each of its affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Promotion Bonus. Additionally, the Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including if you failed to take advantage of any previous Promotion in good faith. Void where prohibited by law.
  3. How to Qualify: To qualify for the Promotion, eligible individuals must during the Staking Period purchase a new Stake in any HOFL Franchise (“HOFL Stakeholders”) for a minimum of $75 in the aggregate. For this Promotion only, existing HOFL Stakeholders who have a total aggregate Stake of $75 or more in any HOFL Franchise at any point in relation to the 2021 HOFL season are also eligible for this Promotion. For the avoidance of doubt, while a new or existing Stake in the aggregate of $75 or more must be purchased to qualify, creating an account on the HOFL app or at theHOFL.com is free. By submitting your information and creating a HOFL account, however, participants will be required to agree to the HOFL Privacy Policy and Terms. If you do not agree to HOFL’s Terms and Privacy Policy, you cannot create a HOFL account or participate in this Promotion.
  4. Promotion Bonus: Be one of the individuals during the Staking Period, or at any point prior in relation to the 2021 HOFL season, to purchase a total aggregate Stake of $75 or more in any HOFL Franchise and you will receive a HOFL NFT of Sponsor’s choosing and an invite for a Zoom or FaceTime call with the General Managers of one (1) of the HOFL Franchises you Staked on a date and time of Sponsor’s choosing (collectively the “Promotion Bonus”). Limit one (1) Promotion Bonus per household. The maximum Promotion Bonus is one (1) HOFL NFT with a value of $10 per household and one (1) Zoom or FaceTime call. This offer is non-transferable. The time, length, and location of all aspects of such Zoom or FaceTime call will be determined by Sponsor in its sole discretion. Such grant shall not include any other benefits. The HOFL NFT aspect of the Promotion Bonus may not be immediate as it will be manually applied by the Sponsor’s third-party partner FTX and may take some time to show up in your account. For the avoidance of doubt, all matters relating to FTX are handled by FTX and Sponsor makes no representations nor has any supervision or control over this third-party website.  The privacy practices and terms of use of FTX are subject to the FTX privacy policy and terms of use, which we strongly suggest you review.  We are not responsible for the privacy practices or terms of use of any non-HOFL websites, apps or services.; or
  5. Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
  6. Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, and its affiliates, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Promotion Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Promotion Bonus. In consideration of the Promotion Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its affiliates.
  7. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
  8. Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Stark County, Ohio and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Canton, Ohio. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Stark County, Ohio. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
  9. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. HOFL Participating States: The term “HOFL Participating States” refers to all of the States located within the United States of America, except: Arizona, Hawaii, Idaho, Louisiana, Montana or Washington.
  11. Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

HOFL DAILY STAKING MATCH

The HOFL Daily Staking Match (the “Promotion”) is sponsored by Mountaineer GM, LLC, 2626 Fulton Dr. NW, Canton, OH 44718 (the “Sponsor”). The terms “you” or “your” mean the person to whom a Promotion Bonus (defined below) is issued to upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion “Terms and Conditions”. Receipt of Promotion Bonus may require participants to sign paperwork issued by the Sponsor.

  1. Staking Period: Eligible individuals must purchase a new Stake in a HOFL Franchise beginning around Wednesday, September 8, 2021 until 11:59:00 pm PT on Wednesday, September 8, 2021 (the “Staking Period”).
  2. Eligibility: The Promotion is only open to the first thirty (30) individuals each day during the Staking Period who at the time and date of entry are new HOFL Stakeholders (defined below) in either the Atlanta Hot Wings, Boston Barflies, Philadelphia Powderkegs, Chicago Hogmollies, Seattle Haze or Texas Y’Allers, who are legal residents of a HOFL Participating State (as defined below) and are eighteen (18) years of age or older. Employees, officers and directors of the Sponsor, and each of its affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Staking Promotion Bonus. Additionally, the Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in our sole discretion, including if you failed to take advantage of any previous Promotion in good faith. Void where prohibited by law.
  3. How to Qualify: To qualify for the Promotion, eligible individuals must be one of the first thirty (30) individuals per day during the Staking Period to purchase a new Stake in in either the Atlanta Hot Wings, Boston Barflies, Philadelphia Powderkegs, Chicago Hogmollies, Seattle Haze or Texas Y’Allers (“HOFL Stakeholders”) for a minimum of Ten Dollars ($10). For the avoidance of doubt, while a new Stake must be purchased to qualify, creating an account on the HOFL app or at theHOFL.com is free. By submitting your information and creating a HOFL account, however, participants will be required to agree to the HOFL Privacy Policy and Terms. If you do not agree to HOFL’s Terms and Privacy Policy, you cannot create a HOFL account or participate in this Promotion.
  4. Staking Promotion Bonus: Be one of the first thirty (30) individuals per day during the Staking Period to purchase a new Stake for a minimum of Ten Dollars ($10) in either the Atlanta Hot Wings, Boston Barflies, Philadelphia Powderkegs, Chicago Hogmollies, Seattle Haze or Texas Y’Allers and you will receive a bonus equal to Ten Dollars ($10) (the “Staking Promotion Bonus”) in Staking credits. Limit one (1) Staking Promotion Bonus per household. The maximum Staking Promotion Bonus is Ten Dollars ($10) per household. Staking credit may not be withdrawn at any time. The Staking Promotion Bonus will not be immediate as it will be manually applied by the Sponsor’s third-party partner StakeKings, Inc. and may take some time to show up in your account. For the avoidance of doubt, all matters relating to Staking are handled by StakeKings and Sponsor makes no representations nor has any supervision or control over this third-party website.  The privacy practices and terms of use of StakeKings are subject to the StakeKings privacy policy and terms of use, which we strongly suggest you review.  We are not responsible for the privacy practices or terms of use of any non-HOFL websites, apps or services.; or
  5. Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
  6. Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, and its affiliates, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Staking Promotion Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Staking Promotion Bonus. In consideration of the Staking Promotion Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and each of its affiliates.
  7. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
  8. Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Stark County, Ohio and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Canton, Ohio. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Stark County, Ohio. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
  9. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. HOFL Participating States: The term “HOFL Participating States” refers to all of the States located within the United States of America, except: Arizona, Hawaii, Idaho, Louisiana, Montana or Washington.
  11. Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Last Updated: July 28, 2021

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.   

  1. Privacy Policy. Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site. 
  2. Representations and Warranties. By using the Site, you represent, warrant, covenant, and agree that: 
    1. You are at least eighteen (18) years of age; 
    2. 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; 
    3. 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; 
    4. You are not physically located in of any of the following states: Arizona, Hawaii, Idaho, Louisiana, Montana or Washington;
    5. 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
    6. 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. 

If HOFL determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Site. HOFL may require you to provide proof that you are eligible to participate according to this section. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 5 below). If HOFL otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that HOFL may have in law or equity, HOFL reserves the right to terminate your account.

HOFL is not affiliated with or sponsored by the National Football League

  1. 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. 
  2. 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”). There is a 5% processing fee associated with staking. 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. 
  3. 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). 
  4. User Content. All content created, developed, uploaded, shared, posted, imaged, or otherwise brought about by you, during your use of the Site, shall be known herein as “User Content.” By making any User Content available through the Site, you grant to HOFL a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works and to publicly display, publicly perform, and distribute your User Content as permitted in the Privacy Policy and in connection with operating and providing the Site to yourself and others. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in these Terms to your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content in connection with the Site, nor any use of your User Content by HOFL on or through the Site (or otherwise) will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 
  5. 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. You acknowledge that HOFL may or may not pre-screen User Content, but that HOFL and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Site. Without limiting the foregoing, HOFL and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in HOFL’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Site.
  6. 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:
    1. access data not intended for you or log onto a server or an account that you are not authorized to use;
    2. circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
    3. 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;
    4. 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;
    5. 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);
    6. 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
    7. 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.

  1. 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. 
  2. Third Party Services.  The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with HOFL.  The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and HOFL makes no representations or warranties regarding any such third-party website, app or service.   If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.
  3. 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.
  4. 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. 
  5. 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. 
  6. 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.
  7. 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.

If you have downloaded our App, you agree to promptly download and install any new version that we make available through the App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.

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. You will not run any version of the App on a jailbroken device.
  • 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.
  1. 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, whether by you or others.  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. You may not use a username that promotes a commercial venture or a username that HOFL in its sole discretion deems offensive. HOFL may require you to change your username or may unilaterally change your username.
  2. 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.
  3. Governing Law. These Terms shall be governed by the laws of the State of Ohio, without regard to its conflict of laws principles.  
  4. Arbitration Agreement and Class Action Waiver

A.         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.  

B.         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.

C.         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.

D.         Fees and Costs in Arbitration.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. HOFL will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous.  Likewise, HOFL will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

  1. 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 contact@thehofl.com that includes all of the items below, and we will expeditiously take appropriate action:

A.   A description of the copyrighted work that you claim is being infringed;

B.   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;

C.   Your name, address, telephone number, and email address;

D.   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)”;

E.   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

F.   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.

  1. 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. 
  2. 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.  
  3. Termination. We may suspend or terminate all or part of 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. 
  4. 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.
  5. 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.
  6. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination. 
  7. 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. 
  8. 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. 
  9. Version. These Terms were last updated on July 28, 2021, and this is version 2.0 of the Terms. 
  10. 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.
  11. 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 at contact@thehofl.com.

2021 HALL OF FANTASY LEAGUE SIDE ACTION CONTEST RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.

  1. Introduction

2021 Hall of Fantasy League Side Action Contest

Welcome to the 2021 Hall of Fantasy League (the “HOFL”) Side Action Contest (the “Contest“), where you compete against other HOFL participants to see who can correctly predict the outcomes of weekly HOFL Head-to-Head matchups between HOFL Franchises (“HOFL Matchups“) in accordance with these 2021 Hall of Fantasy League Side Action Contest Rules (“Official Rules“). The Contest commences prior to Week 1 of the NFL Season and is scheduled to end following the completion of Week 14 of the NFL Season (the “Contest Period“), subject to the sole discretion of the Administrator (as defined below). Each “Week” during the Contest Period (each a “Weekly Contest“) will begin on Tuesday’s and end on the latest of 11:59pm Eastern Time (“ET”) or the conclusion of the Monday night NFL Football Game of the following Monday throughout the Contest Period (each, a “Weekly Contest Period“). There are expected to. be fourteen (14) Weekly Contest Periods within the Contest Period and prizes will be awarded as set forth below.

No Cost

The Contest is FREE to play. No purchase, wireless device or entry fee necessary to enter or win.

The Administrator                                                       

Mountaineer GM, LLC (“Mountaineer“) will serve as the Administrator (the “Administrator“) of the Contest and will be responsible for resolving any disputes that arise regarding violations of the rules.

Eligibility

The Contest is open to persons who are: (a) Registered Users (as defined below) of the HOFL mobile application (“HOFL App”); (b) legal residents of the United States; and (c) at least eighteen (18) years old at the date of registration in the Contest. For purposes of clarity, persons who reside in Arizona, Hawaii, Idaho, Louisiana, Montana or Washington are expressly excluded from this Contest. Void where prohibited by law.

For purposes of these Official Rules, “Registered User” means a person who has successfully created a HOFL account and has successfully purchased a stake in a HOFL Franchise.

The officers, directors and employees of the Administrator, its subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Contest, and the immediate family members (grandparent, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Contest.

  1. Playing

All eligible participants (“Participants”) can enter the Contest through the HOFL App via the Side Action button. Participants may enter each Weekly Contest by selecting a HOFL Franchise to win across all five (5) HOFL Matchups occurring each Week during the Contest Period. For example, there are 5 HOFL Matchups in a Week, Registered Users will need to pick a winner for each HOFL Matchup in order to enter the Weekly Contest (“Entry”). Participants who do not enter an outcome for all HOFL Matchups in a Week, will not be eligible for that Weekly Contest. Once an Entry is submitted, Participants may not cancel or make any changes to their Entry. Each Participant must submit their Entry prior to kickoff of the first NFL game for each Week. For the avoidance of doubt, this means if there is an NFL game scheduled for Thursday during a Week each Participant must submit their Entry for that Weekly Contest prior to kickoff of the Thursday NFL game.

Administrator shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted.

Limit One (1) Entry per Registered User per Weekly Contest during the Contest Period. Any instance of registering multiple accounts on the HOFL App in order to gain more than one Entry into the Weekly Contest will result in automatic disqualification from the Contest as well as potential suspension from the HOFL App.

  1. Selection of Winners

For each Weekly Contest, a Participant must select the correct outcomes (e.g., which HOFL Franchise will win) for all HOFL Matchups in order to win a share of the weekly prize (“Weekly Prize”). For tiebreaker purposes a Participant must also input the total number of points that will be scored across the Weekly Contest by all HOFL Franchises. At the end of each Weekly Contest, all Participants that correctly choose all of the outcomes and get the tiebreaker correct will split the $50.00 Weekly Prize (“Cash Prize”)

  1. Miscellaneous

Administrator expressly reserves the right to amend, suspend or terminate this Contest at any time without prior notice or consent. Administration of this Contest is at the sole discretion of the Administrator. Any questions relating to eligibility, these Rules or any other questions concerning this Contest will be resolved at the sole discretion of the Administrator and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Contest or reproduce or distribute any portion of these Rules to their members.

Participants agree to release, defend, indemnify and hold harmless the Administrator, and its affiliates, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Contest; and (ii) the receipt, use or misuse of the Cash Prize, or while preparing for, participating in, and/or traveling to any Contest-related activity, including those damages caused by the Administrator’s own negligence. The Administrator expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Cash Prize. In consideration of the Cash Prize, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Contest, in any and all advertising, promotions and other publicity conducted by the Administrator, and each of its affiliates.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Participants and the Administrator in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ADMINISTRATOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE CONTEST, EVEN IF FORESEEABLE OR EVEN IF THE ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The parties each agree to finally settle all disputes only through arbitration; provided, however, the Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts in Stark County, Ohio and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Canton, Ohio. The federal or state law that applies to these Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Stark County, Ohio. The Administrator agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

No waiver of any of the provisions of these Rules shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.