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You agree to the terms and conditions outlined in the Agreement with respect to your use of the Fantasy Coach Services and/or the Site. The Agreement constitutes the entire and only agreement between you and Fantasy Coach with respect to your use of the Fantasy Coach Services and/or the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Fantasy Coach Services, Site, the content contained therein and/or the products, services and/or programs provided by or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.�You understand and agree that Fantasy Coach is not responsible or liable in any manner whatsoever for your inability to use the�Fantasy Coach Services and/or the Site.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, �Dispute Resolution Provisions�) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (�Billing Provisions�) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Fantasy Coach Services , you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.
The Fantasy Coach Site and Services are available only to individuals that are at least eighteen (18) years of age (except in Alabama and Nebraska where you must be at least nineteen (19) years of age or older) at the date of registration in the Contest), and that can enter into legally binding contracts under applicable law, and are residents of the United States and Canada.�RESIDENTS OF STATES OF ARIZONA, IOWA, LOUISIANA, MONTANA, NORTH DAKOTA, PUERTO RICO, VERMONT, QUEBEC AND WHERE OTHERWISE PROHIBITED BY LAW MAY ONLY PARTICIPATE IN THE FREE CONTESTS THAT DO NOT INCLUDE CASH PRIZES, AND SHALL NOT BE ELIGIBLE TO WIN ANY CASH PRIZES.
In order to obtain Fantasy Coach Services you must first submit the applicable registration form to Fantasy Coach for approval. Fantasy Coach reserves the right, in its sole discretion, to deny access to the Fantasy Coach Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Fantasy Coach Services and/or register as a Customer of the Fantasy Coach Shop may include, without limitation, some or all of the following: (a) your full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) at your option, your PayPal� account information; (g) date of birth; and/or (h) any other information requested on the applicable form (collectively, �Registration Data�). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Fantasy Coach will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide a user name and password to use as your account log-in identification, where applicable (�Log-In�). If the Log-In that you request is not available, you will be asked to supply another Log-In. If Fantasy Coach approves your Member application, Fantasy Coach will set up your specific account (�Fantasy Coach Services Account�). You are responsible for maintaining the confidentiality of your Fantasy Coach Services Account, Log-In and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Fantasy Coach Services Account and Log-In. For purposes of the Agreement, �PayPal� shall mean PayPal, Inc. Please be advised that�Fantasy Coach is not in any way affiliated with PayPal, and the Site and�Fantasy Coach Services are neither endorsed, nor sponsored, by PayPal. PayPal � is a registered trademark of PayPal, Inc.
Subject�to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view and listen to all of the sports-related and other media (downloaded, streaming or samples), statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork and other content featured on the Site (collectively, �Content�) as compiled, distributed and displayed by Members, Fantasy Coach , as well as third party websites/services/entities (collectively, �Third Party Providers�) that provide sports-related news and information on the Site via updated news feeds (�News Feeds�). The Content will be organized by theme and genre to enable end-users to locate areas of interest.
By registering as a Member on the Site, agreeing to the Agreement and receiving approval from Fantasy Coach, you can obtain, or attempt to obtain, a Fantasy Coach Services Account. A Fantasy Coach Services Account will enable you to utilize the Site�s many products, services and other features including, but not limited to: (a) viewable Content and News Feeds; (b) interactive features designed to foster interaction between you and other Site Members, such as live chats and Member comments sections (�Interactive Services�); and (c) a suite of daily, weekly, bi-monthly, seasonal and off-season fantasy sports games involving players from professional baseball, basketball, football and hockey (collectively, �Fantasy Coach Contests�). The Fantasy Coach Contests can either be played for a fee, with a chance to win cash prizes (�Pay Contests�) or for free (�Free Contests�), which may or may not include cash prizes from time to time,. Fantasy Coach reserves the right to prohibit any conduct by Members or to remove any materials or Content posted by Members to the Interactive Services or other areas of the Site that Fantasy Coach deems, in its sole and absolute discretion, to be in violation of the Agreement or which Fantasy Coach believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Fantasy Coach to harm, damage to reputation or liability. Notwithstanding the foregoing, Fantasy Coach undertakes no responsibility to monitor or otherwise police the actions of Members, Content, News Feeds and/or other material posted by Members.
Periodically, Fantasy Coach will make Fantasy Coach Contests (�Tournaments,� or �Games�) available to Members. The Fantasy Coach Contests shall vary in duration, lasting various intervals of time such as one day, one week, several weeks, a full season or ven a portion of a single game as determined by Fantasy Coach (�Contest Duration�), as predetermined and set forth in the rules that apply to the applicable Fantasy Coach Contest (each, �Contest Rules�). In connection with Pay Contests, Members must pay the applicable entry fee in advance of that Fantasy Coach Contest�s start time (�Entry Fee�).
The Entry Fee will be predetermined and set forth in the applicable Contest Rules. In connection with Free Contests, Members must register for the Fantasy Coach Contest before the applicable Fantasy Coach Contest�s start time. Each Fantasy Coach Contest may only have a limited number of openings, and entrants will be accepted on a first come, first serve basis. Fantasy Coach Contests that do not attract the requisite number of entrants will be cancelled prior to commencement, and any and all Entry Fees fully refunded if an acceptable replacement Contest cannot be provided.
FANTASY COACH IS NOT RESPONSIBLE FOR ATTEMPTED�FANTASY COACH CONTEST REGISTRATIONS�THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED�FANTASY COACH DRAFT OR CONTEST. IF YOU FAIL TO ENTER A�FANTASY COACH CONTEST�INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT�FANTASY COACH CONTEST.
When a Fantasy Coach Contest has attained the necessary number of entrants required by the applicable Contest Rules, the entrants will then be able to participate in an online draft (�Drafts�) using the Site�s interface, whereby each entrant will select players from the applicable professional sport�s league or team (as applicable) (collectively, �Pro Players�) and assign those Pro Players to his/her team. Live online drafts start according to a pre-set day and time and drafts which are not league related may be available instantly after signing up for a Contest. For some Contests Pro Players are available to only one team per league and other Contests do not contain this restriction. Refer to the specific Contest Rules to understand draft rules before you participate in a draft. For all public and private seasonal leagues, once a Pro Player is selected by an entrant, that Pro Player will not be available for Drafting by any other entrant during the applicable Contest Duration, unless otherwise stated in the applicable Contest Rules. Entrants will have a limited time to make each Draft selection, as set forth in the applicable Contest Rules; provided, The Draft order for the entrants will be selected at random by Fantasy Coach and is not affected by order of sign up. The Draft will follow either a �snake� model or a �salary cap� model, as predetermined and set forth in the applicable Contest Rules. Under the snake Draft, the order will proceed from 1 to 12 (or such other total number of entrants in the applicable Draft), then 12 to 1 (as applicable), alternating until the Draft is complete. Under the salary cap model (which may be available in certain Contests), each entrant will be allotted a certain amount of Draft dollars which he/she can use to bid for Pro Players against the other entrants. The roster size of Pro Players for each entrant in a given Fantasy Coach Contest will be predetermined and set forth in the applicable Contest Rules. If your league does not have the required 12 teams, the league will be disbanded prior to the scheduled draft date and time and the draft will not occur. If your league is disbanded you will be able to join another league and Fantasy Coach reserves the right to move the scheduled draft time back up to 1 hour to give the leagues sufficient time to fill with the required 12 teams.
Trades of any kind are expressly prohibited in all public contests, leagues and tournaments but may be available in private leagues based on the specific rules and configuration options available to private leagues made available through the Site.
Waivers or �Add/Drops� can be made on either a first come first serve basis, or based on a prioritized waiver system depending upon specific Contest Rules for each Contest. Waivers may not be made during lockout periods which include during the draft and during matchups in any week (after kickoff of games or matchups in leagues or tournaments).
Live roster substitutions can optionally be made as either an individual purchase or as part of a league or tournament bundle. This involves swapping an active player on your roster for a bench player or potentially a free agent, depending upon the specific Contest type and rules. Once a live roster substitution is scheduled it will be processed at the beginning of the next game period or cycle, as presented in the substitution confirmation message you will receive after scheduling a live roster move.
FANTASY COACH IS NOT RESPONSIBLE FOR DRAFT SELECTIONS, WAIVERS OR LIVE ROSTER SUBSTITUTIONS THAT ARE LOST, MISSED, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT OR TRANSACTION. IF YOU FAIL TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT�FANTASY COACH CONTEST AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.
Each entrant will earn points based on the performance, during the applicable Contest Duration, of the Pro Players that were drafted on their team and for which periods said players were in the active lineup (and not on the bench). The specific scoring system for each Fantasy Coach Contest, and the number of winners, will be predetermined and set forth in the applicable Contest Rules. Fantasy Coach will be responsible for tallying the Points for each Fantasy Coach Contest based on the reporting of Pro Player performance provided by each professional sporting league. The winner(s) of the Pay Contests, as determined by Fantasy Coach, will receive the applicable monetary prize, and the winner(s) of the Free Contests, as determined by Fantasy Coach, will be recognized on the site and may be eligible for non-cash prizes. Monetary prizes will be paid out, at your option, via check or deposit into your PayPal� account; provided, however, that PayPal� may deduct a service fee in connection with any such deposits.�You are responsible for paying any sales, use or other taxes related to any monetary prizes awarded to you in connection with the Fantasy Coach Contests.
ALL DETERMINATIONS BY�FANTASY COACH WITH RESPECT TO POINTS, WINNERS, PAYOUTS AND REWARD POINTS WILL BE MADE IN FANTASY COACH�S SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU. YOU UNDERSTAND AND AGREE THAT FANTASY COACH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE�FANTASY COACH CONTESTS.
Subject to the restrictions contained herein including, without limitation, those contained in Section 6(C) below, the Interactive Services allow Members to participate on message boards and other interactive areas of the Site during Drafts, and otherwise. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (�Feedback�) posted by and through the Interactive Services. Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (�Links�) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Fantasy Coach reserves the right to prohibit any conduct by Members or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in Fantasy Coach�s sole discretion. The reasons for removal may include where Fantasy Coach believes that the Feedback posted by a Member is unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (i) that the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) that the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) where Fantasy Coach believes that a Member is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) where Fantasy Coach believes a Member to be in violation of the Agreement. The Interactive Services contain Content and Feedback that are provided directly by Members. You understand and agree that Fantasy Coach shall not be liable to you, any end-users or any third party for any claim in connection with your use of the Interactive Services. You agree that Fantasy Coach shall have no obligation and incur no liability to you in connection with any Content and/or Feedback appearing in the Interactive Services. Fantasy Coach does not represent or warrant that the Content and/or Feedback posted in the Interactive Services is accurate, complete or appropriate.�You understand and agree that Fantasy Coach is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.
As a Member, you agree that you are solely responsible for the Feedback, Content and/or other information that you publish, transmit and/or post through use of the Interactive Services. You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) �stalk� or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of other Members; (vii) transmit any chain letters, spam or junk e-mail to other Members; (viii) express or imply that any statements that you make are endorsed by Fantasy Coach , without our specific prior written consent; (ix) harvest or collect personal information of other Members whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, �data mine,� or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the Fantasy Coach Services, Fantasy Coach Contests, Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. �spamware�), services that send unsolicited advertisements, programs designed to initiate �denial of service� attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) �frame� or �mirror� any part of the Site, without our prior written authorization; (xvii) use metatags or code or other devices containing any reference to Fantasy Coach , Fantasy Coach Services and/or the Site in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Fantasy Coach Services and/or Site or any software used on or for the Fantasy Coach Services and/or Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Fantasy Coach Services Account without notice, in the sole discretion of Fantasy Coach. Fantasy Coach reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
8. The Fantasy Coach Services and/or the Site contain Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided directly by Members, Third Party Providers, Sources and/or other third parties, as applicable. Such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information is provided by applicable Members, Third Party Providers, Sources and/or other third parties and not Fantasy Coach, and should not necessarily be relied upon. Those Members, Third Party Providers, Sources and/or other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Fantasy Coach does not represent or warrant that the Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information made available by and through the Fantasy Coach Services and/or the Site is accurate, complete or appropriate. You understand and agree that Fantasy Coach will not be responsible for, and Fantasy Coach undertakes no responsibility to monitor, or otherwise police, such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information. You agree that Fantasy Coach shall have no obligation and incur no liability to you in connection with any such Content, Feedback, News Feeds, comments, opinions, products, services, requests, solicitations and/or other information made available by and through the Fantasy Coach Services and/or the Site by third parties.
Fantasy Coach does not control the information provided by Members, Third Party Providers, Sources and/or other third parties that is made available within the Fantasy Coach Services and/or the Site. You may find certain information, products and/or services as posted by Members, Third Party Providers, Sources and/or other third parties to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Fantasy Coach Services and/or the Site.
You are solely responsible for your interactions with other Site-users including, but not limited to, Members, Third Party Providers, Sources and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Members, Third Party Providers, Sources and/or other third parties, you hereby release Fantasy Coach including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Fantasy Coach reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Members, Third Party Providers, Sources and/or other third parties.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits
From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with the applicable Sweepstakes registration form and agreeing to the rules applicable to each Sweepstakes, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Sweepstakes.�You understand and agree that Fantasy Coach shall not be liable to you or any third party for any claim in connection with your participation in any of the Sweepstakes.
Upon registering for a Pay Contest or making a purchase of a premium feature within the Site such as Live Roster Substitutions or Player to Player Challenges, the credit or debit card that you provided during registration or updated at a later date (�Active Credit Card�) will be charged the applicable amount depending on the Fantasy Coach Contest or Product selected, as applicable. All Fees are payable in United States currency. Failure to complete entry in the applicable Fantasy Coach Contest does not constitute a basis for refusing to pay any of the associated Entry Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Fantasy Coach in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Fantasy Coach reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Fantasy Coach Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
In certain circumstances Fantasy Coach�s authorization to provide and bill for the Fantasy Coach Services may be obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Fantasy Coach�s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Fantasy Coach Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Fantasy Coach. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 11 herein below shall immediately terminate. You shall not receive any refund for Fees previously paid up to the date of cancellation or termination. The exceptions are that refunds will be made for entry fees paid by users for entry into seasonal leagues that have not yet been filled and where the draft has not yet occurred (as described in Section 6) or for positive balances within user account from deposits made or prizes won. Users are solely responsible for requesting refunds upon the event of cancelling a membership.
As a Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Content, News Feeds, Site, Feedback , Fantasy Coach Services and all other material, products and/or services posted or made available by and through same and/or the Site (collectively, �Site Material�) in accordance with the Agreement. Fantasy Coach may terminate this license at any time for any reason. Unless otherwise expressly authorized by Fantasy Coach, you may only use the Site Material for your own personal, non-commercial use. No part of the Site Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Material and/or any portion thereof. You may not create any �derivative works� by altering any aspect of the Site Material. You may not use the Site Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Site Material for any commercial purposes not expressly permitted by Fantasy Coach (including the bundled sale of such Site Material). Systematic retrieval of Site Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fantasy Coach is strictly prohibited. You further agree to indemnify and hold harmless Fantasy Coach for your failure to comply with this Section 11. Fantasy Coach reserves any rights not explicitly granted in the Agreement.
All Site Material is owned or licensed by or to Fantasy Coach, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Fantasy Coach�s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Site Material. The posting of information or material at the Site by Fantasy Coach does not constitute a waiver of any right in such information and materials. Fantasy Coach reserves all rights not expressly granted hereunder. The �Fantasy Coach� name and logo are trademarks of Zobee Games, LLC. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any Fantasy Coach trademark without Fantasy Coach�s express written consent is strictly prohibited.
If you bypass or disable any portion of the Fantasy Coach Services, Site or associated software including, without limitation, the blocking of cookies or the operation of any other Fantasy Coach systems, or you attempt to circumvent or tamper with Fantasy Coach�s Contests or billing methods in any way, you are in violation of the Agreement and Fantasy Coach may suspend or terminate your Fantasy Coach Services Account without notice. Termination of your Fantasy Coach Services Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Fantasy Coach Services Account is terminated for any reason you will, thereafter, be unable to access the Fantasy Coach Services.
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Site and for ensuring that such equipment and services are compatible with Fantasy Coach�s requirements.
You agree to indemnify and hold Fantasy Coach , its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys� fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site or Fantasy Coach Services in any way, whatsoever; (b) your breach of the Agreement; (c) any disputed between you and any Members, Third Party Providers, Sources and/or other third parties; (d) any claim that Fantasy Coach owes any taxes in connection with your use of the Site or Fantasy Coach Services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 15 are for the benefit of Fantasy Coach, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS AND/OR FANTASY COACH GAMES OR GAME FEATURES, ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN, ARE PROVIDED TO YOU ON AN �AS IS� AND �AS AVAILABLE� BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FANTASY COACH MAKES NO WARRANTY THAT THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FANTASY COACH WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTASY COACH, ANY MEMBERS, THIRD PARTY PROVIDERS, SOURCES OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTASY COACH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTASY COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS , ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FANTASY COACH FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FANTASY COACH TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE FANTASY COACH FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 17. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS , ANY CONTENT, FEEDBACK, NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN MAY BE BROUGHT BY YOU OR FANTASY COACH MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FANTASY COACH. ACCESS TO THE SITE, FANTASY COACH SERVICES, FANTASY COACH CONTESTS, ANY CONTENT, FEEDBACK, AND NEWS FEEDS PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOW ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISTICTIONS, FANTASY COACH�S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Fantasy Coach Services and Site contain links to other websites on the Internet that are owned and operated by third parties. In some instances these websites are co-branded and the third parties are entitled to use Fantasy Coach�s name and logo on their third party websites. Fantasy Coach does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Fantasy Coach of the applicable website or any association with the website�s operators. Because Fantasy Coach has no control over such websites and resources, you agree that Fantasy Coach is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Fantasy Coach shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
The Agreement shall be treated as though it were executed and performed in Atlanta, Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, Fantasy Coach Services and/or Site, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Atlanta, Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Fantasy Coach and its employees, officers, directors, shareholders, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Fantasy Coach incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Fantasy Coach and it governs your use of the Fantasy Coach Services and Site. Fantasy Coach�s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.�
Fantasy Coach reserves the right to cancel an account at anytime for anything that it deems to be "Suspicious Activity." Any remaining funds in a canceled account will be refunded to the user by check to the address on file.
Any deposit bonus awarded to a user cannot be withdrawn by that user until that user has played in Fantasy Coach Contests with Entry Fees totaling, at a minimum, the amount of the applicable cash deposit bonus. Where a user receives a promotional gift or other offering from Fantasy Coach or any of its marketing partners in exchange for depositing a certain amount of money into his/her account ("Required Deposit"), that user may not withdraw the Required Deposit until that user has staked in Fantasy Coach Contests Entry Fees totaling, at a minimum, the amount of the applicable Required Deposit, and the Required Deposit is subject to removal from the account if the user has not staked any such Entry Fees during the one-year period after receipt of the promotional gift or other offering.
If Fantasy Coach suspects that a user has recruited himself or herself in connection with the Fantasy Coach Recruitment Program, Fantasy Coach reserves the right to remove that recruit from their account without notification.
Fantasy Coach is a US company based in Atlanta, Georgia. We will review every message sent to us and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Fantasy Coach, please feel free to contact us at 678-990-3195 or at email@example.com
Your privacy is important to Fantasy Coach. If you so choose, you can visit our Website or peruse our Services without revealing any personally identifiable information about yourself. However, certain visitors to the Website choose to interact with Fantasy Coach in ways that require Fantasy Coach to gather personally identifying information. We at times collect, retain and utilize Personal Data about you to operate the Servcies and our business and to notify you of services and other opportunities offered by Fantasy Coach or its partners. The term "Personal Data" means data that can reasonably be used to identify you that Fantasy Coach obtains about you, including your name, telephone number, physical address and email address. We recognize and respect your privacy concerns about this information. We obtain Personal Data in a variety of ways (for example, as provided by you when you register to use the Services, or from your other transactions or experiences with Fantasy Coach or its affiliates, including permissions, comments and information that you submit when utilizing the "social networking" aspects of the Services). We may send promotional email messages to you on behalf of third parties. We do not share your Personal Data with such third parties without your express permission or in exceptional circumstances as described below, and you have the opportunity to opt out of such promotional messages by "unsubscribing".
The amount and type of information that Fantasy Coach gathers depends on the nature of the interaction. For example, in certain sections of this Website we may invite you to contact us with questions or comments or feedback, participate in bracket creation and/or voting, questionnaires or contests, recommend or rate content, or complete a registration form. In each case, Fantasy Coach collects only such information as is necessary or appropriate to fulfill the purpose of the visitors interaction with Fantasy Coach. Fantasy Coach does not disclose personally identifying information other than as described below. Visitors can refuse to supply personally identifying information or opt to not sign up.
We may use and disclose your information if we believe, in good faith, that it is appropriate or necessary: to take precautions against liability; to protect Fantasy Coach from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website; or to protect the rights, property, or personal safety of Fantasy Coach, our users, or others. We may disclose user information to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; conduct data analysis and create reports; offer certain functionality and assist us in improving the Website and creating new features.
Again, you do not have to sign-up to use the Services. However, in order to take full advantage of the Services features, you do have to sign-up. If you sign onto the Services using your account with a social networking platform (e.g., Facebook) and you agree to allow Fantasy Coach to access your account information with such social networking platform, including your name, email address, profile picture, gender, "networks", user ID (but not your password), list of friends, and "any other information I've shared with everyone", Fantasy Coach may collect and use such information to make your use of the Services richer and more personalized, and as described in this Policy. If you allow Fantasy Coach access to such data, Fantasy Coach may access that data at any time, including when you are not using the Services. However, please remember that the manner in which social networking platforms use, store and disclose your information is governed by the policies of such third parties, and Fantasy Coach shall have no liability or responsibility for the privacy practices or other actions of any social networking platform that may be enabled on or within the Service. You may also have the option of posting your activities within the Services to third party social networking platforms when you access and use content and features through the Services (for example, you may post to Facebook that you created a bracket, made a pick or entered or won a contest on the Services); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any social networking platforms you have enabled will be able to view such activity.
As is true of most websites and mobile applications, Fantasy Coach may gather certain information automatically through the Services and store it in log files. This information, which does not identify you, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information to track user demographics, user habits and improve the functionality of the Services as a result of our observations, and to conduct research and analyses on an aggregate basis. From time to time, Fantasy Coach may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website. Fantasy Coach may share this aggregate data with its affiliates, agents and business partners, and may also disclose aggregated user statistics in order to describe its Services to current and prospective business partners, and to other third parties for other lawful purposes.
Fantasy Coach may collect and, on any page, display the total counts that the page has been viewed. Fantasy Coach allows for the RSS syndication of all of its public content within the Fantasy Coach website.
Fantasy Coach may also use spotlight tags, which are transparent GIF files embedded in the Services, to help manage and track the effectiveness of online advertising. Spotlight tags enable the recognition of a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to the Services. The cookie would be placed by us, or by another advertiser who works with us. The information that we may collect via spotlight tags and share is anonymous and not personally identifiable.
Our Services may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Services. If you choose to enable our location features, your location information may be publicly displayed within the Services. Please keep in mind that other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location functionality. We may also use your location information in an aggregate way, as described above in the Aggregated Personal Data section above.
When visiting Fantasy Coach you may choose to submit information such as personal photos, videos, interests, social connections, and more. You may also be prompted to provide information to help you leverage your online social network through our third party sharing services, amongst other things. When you create a Fantasy Coach account, some information about your account and your account activity may be provided to other Fantasy Coach users. This may include the date you opened your account, the date you last logged into your account, your birthday (if you choose to make it public), and various other information.
Your Fantasy Coach account name, not your email address, is displayed to other users when you engage in certain activities on Fantasy Coach. Other users may have the ability to contact you by leaving a message or comment on the Website. You may also choose to add personal information that may include your name, gender, profile picture or other details, that will be visible to other users on your Fantasy Coach profile page and you can fully manage what information is available there.
You should know that while accessing and using the Services, you can be directed, through links, to other websites that are beyond Fantasy Coachs control. Fantasy Coach is not responsible for the privacy practices and policies of such websites.
We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Personal Data about you that is stored and maintained by us is incorrect, please contact us by email at: firstname.lastname@example.org with CORRECT MY DATA in the subject line.
We may also use web beacons on our Website and in emails that we send to you. We may collect information regarding pages visited, searches performed, brackets and profiles viewed, files downloaded, files uploaded, reviews and comments made. Many companies offer programs that help you to visit websites anonymously. While Fantasy Coach will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
When you access the Website or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology, including server logs. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique device or user ID, version of software installed, system type, browser used, the content and pages that you access on the Website, the dates and times that you visit the Website, documents that you viewed, uploaded or downloaded, and ads that you clicked on, and information from your Facebook account that you make publicly available, which is provided to us by Facebook via the Facebook APIs. Like most websites, our servers automatically record the page requests made when you visit our Website. These "server logs" typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Additionally, Fantasy Coach may collect and, on any page, display the total counts that page has been viewed.
The Website may track the total number of visitors to our Website, the number of visitors to each page of our Website, browser type, and IP addresses, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Website, track users' movement, and gather broad demographic information for aggregate use.
This Website is not intended for children under the age of 13. Fantasy Coach does not target this Website to children under 13. Fantasy Coach does not knowingly collect personally identifiable information from children under the age of 13. If you are under 13 years of age, then please do not use or access the Fantasy Coach website at any time or in any manner. If Fantasy Coach learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Fantasy Coach website, then Fantasy Coach will take the appropriate steps to remove this information. If you are the parent or guardian of a child under 13 who has created a registered account, then please contact Fantasy Coach at email@example.com to have that child's account terminated and information deleted.
We strive to maintain the reliability, accuracy, completeness and currency of your Personal Data in our databases and to protect the privacy and security of our databases and the data we collect. Any Personal Data that you provide to us will be stored on our computer network servers. We maintain reasonable physical, electronic and procedural safeguards to protect the confidentiality of your Personal Data. The security measures in place on the Services and related computer systems aim to protect the loss, misuse or alteration of the information you provide to us. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION OF INFORMATION, WE MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS. HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. IF WE LEARN OF A SECURITY SYSTEMS BREACH, THEN WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. WE MAY POST A NOTICE ON THE WEBSITE IF A SECURITY BREACH OCCURS. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. Therefore, you should take special care in deciding what information you send to us via email. If you have any questions or concerns regarding the security of your information, please email us at firstname.lastname@example.org.
We may provide your personally identifiable information and the data generated by cookies, web beacons, logs, and the aggregate information to the vendors and service agencies that we may engage to assist us in providing services and advertising to you. Such third party entities may be obligated to use your personally identifiable information to provide the services to us. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or in cooperation with any governmental investigation, including upon receipt of what we believe may be a valid subpoena, whether issued by a Court that has jurisdiction over Fantasy Coach or not. (Please note that Fantasy Coach reserves the right to assert that only the Federal District Court covering Dekalb County, Georgia will have jurisdiction, and subpoenas from outside those jurisdictions must be "domesticated," though we are not obligated to do so.) We will not sell your personally identifiable information to any company or organization without your consent; however, we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Fantasy Coach participates or to a purchaser of all or substantially all of Fantasy Coach's assets to which this Website relates. In the event Fantasy Coach goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Data might be among the assets transferred and you will be notified via the Services of any such change in ownership or control of your Personal Data.
If we decide to change this Policy, we will post the changes on or through the Services and at other places we deem appropriate. We reserve the right to modify this Policy at any time, so please review it frequently.
If you have any questions or suggestions regarding this Policy, please contact Fantasy Coach at:
Zobee Games, LLC
Attn. Fantasy Coach
PO Box 191227
Atlanta, GA 31119
Or by e-mail at email@example.com
This Policy is effective as of May 1, 2014.