TERMS OF USE

Last Revised: April, 2023 

 

 

These Terms of Use (Terms”) apply to your use of www.fantasylife.com, https://newsletter.fantasylife.com/, and any other websites, mobile applications, and other services made available and operated by FL Newsletter LLC (“FL Newsletter,” “us,” “our,” or “we”) where these Terms are posted (collectively, the “Sites”). Without limiting the foregoing, the Sites encompass all content, features, and services provided by FL Newsletter via its email or e-newsletter services. 

 

Please read these Terms fully and carefully. Among other things, these Terms:

 

  • Describe the terms that you and other users must follow when using our Sites
  • Explain your obligations to FL Newsletter when you use the Sites
  • Limit how disputes with FL Newsletter are resolved

 

PLEASE REVIEW THESE TERMS CAREFULLY BECAUSE THEY FORM A LEGAL AGREEMENT BETWEEN FL Newsletter AND YOU. YOUR USE OF AND ACCESS TO THE SITES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.   

 

IN PARTICULAR, PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

 

By creating an account or otherwise accessing OR USING the Sites (OTHER THAN FOR THE PURPOSE OF READING THESE TERMS), you expressly represent that you are AT LEAST EIGHTEEN YEARS OLD OR ABOVE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE (WHICHEVER IS GREATER), [ 1] [ 2] [ 3] [ 4] THAT YOU ARE legally competent to enter into this agreement, and THAT YOU agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SITES. 

 

HOW THESE TERMS APPLY

 

These Terms apply to your access to and use of the Sites. Certain areas, features, or functionalities of the Sites may be subject to to additional terms (“Additional Terms”).  All Additional Terms are part of (and incorporated by this reference into) these Terms.  For avoidance of doubt, any reference to the “Terms” in the this agreement includes the Additional Terms. When presented to you, you must agree to the Additional Terms before using the areas, features, or functionalities of the Sites to which they apply.  These Terms and the Additional Terms apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control but solely to the extent of the inconsistency. 

 

CHANGES TO THESE TERMS

 

The Effective Date of these Terms is set forth at the top of this webpage. You acknowledge and agree that FL Newsletter has the right to modify these Terms from time to time to reflect changes to the Sites, industry requirements or applicable law, or for any other reason.  When we do so, we will update the “Effective Date” above. In our sole discretion, we may also provide notice of updates to these Terms by additional means, such as emails to users on file or postings on certain portions of the Sites. With or without any such additional notice, by continuing to use the Sites (or any portion thereof) after we post any revisions to these Terms and update the “Effective Date,” you accept these Terms, as modified. The modified Terms supersede all previous versions of our agreements, notices or statements of or about these Terms. 

 

CHANGES TO THE SITES

 

We are always looking to innovate and make the Sites better. As a result, FL Newsletter may from time to time update the Sites, including enhancements, updates, modifications, upgrades and other changes to the Sites (collectively, “Changes”). Further, we reserve the right to restrict access to certain parts of the Sites or discontinue the Sites or any content that we provide through the Sites at any time, without notice or liability to you. You agree that we are not liable to you due to any Changes or if, for any reason, the Sites or any portion thereof are unavailable or discontinued. 

 

CONTENT DISCLAIMER [ 5] [ 6] [ 7] 

 

The Sites contain information on fantasy sports and sports betting. Importantly, the content provided through the Sites is for informational purposes only. The Sites are not intended to provide financial, legal, or any other form of professional advice. FL Newsletter makes no representation regarding the legality, under laws related to gambling or otherwise, of any particular fantasy sports competition or sports betting activity in any state or locality. 

 

No fantasy sports competitions or betting activities will be hosted on the Sites. FL Newsletter may partner with other entities that offer such services and may provide links to access the websites of such third party partners. In some cases, you may receive promotional discounts or other benefits from such entities by accessing their websites via links on the Sites or by taking some other action. Regardless of any such affiliate relationships or promotional benefits, you hereby acknowledge and agree that FL Newsletter is not a provider of fantasy sprots or betting services and that any such services accessible through the Sites are provided solely by our third-party partners and not by us. You are entirely responsible for your decision to engage in any such activities, including ensuring that you have reached the minimum age requirement set by law or the applicable service provider. Please note that while you must have reached the legal age of majority (18 in most states) to use the Sites, most online betting platforms, by contrast, require users to be 21 or older.  You agree that you are solely responsible for determining the legality of, and you agree that FL Newsletter shall have no liability in relation to, any fantasy sports competition or sports betting in which you choose to engage.

 

PRIVACY

 

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy[ 8] .

 

ACCOUNTS

 

You do not need to create an account to browse the public areas of the Sites but you may need an account to take full advantage of the Sites, such as to receive access to certain offers and content. 

 

To create an account, you will need to provide at least your email address. FL Newsletter also may require that you provide other information, such as your birth year, to verify that you are legally able to enter into a binding contract with FL Newsletter. 

 

FL Newsletter also may ask you to provide additional information, such as your name, telephone number, preferences, opinions and other details about yourself that you choose to share as part of the account creation process. To learn more about how we process the personal information that we collect from you when you create an account, please see our Privacy Policy.

 

You must be at least eighteen years of age or above the age of majority in your jurisdiction of residence (whichever is greater) to use the Sites. Under no circumstances are the Sites directed to or intended for use by children under age 13. If you learn or suspect that someone under age 13 has created (or attempted to create) an account, or has otherwise provided information to us, please notify us at <newsletter@fantasylife.com>.

 

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of FL Newsletter’s eligibility verification processes.  FL Newsletter reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms.  You may not create an account if you were previously suspended or terminated from using the Sites. 

 

You promise that any information that you submit to FL Newsletter is true, accurate and complete and you agree to keep it that way at all times. 

 

If you are asked to choose a password when creating an account, your password is personal to you.  You agree not to provide any other person with your password, other security information, or access to the Sites. Please use particular caution when accessing your account from a public or shared computer or sharing your device so that others are not able to view or record your password or other personal information.  You are responsible for all activities that occur under your account credentials.

 

You agree to notify us immediately at <newsletter@fantasylife.com> if you detect or suspect unauthorized access to or use of your password, account, or other breach of security.

 

PAID PORTIONS OF THE SITES

 

If payment for certain features of the Sites is required, FL Newsletter will provide you with a choice about whether to use the paid features. You are solely responsible for all charges, fees and other costs related to use of the Sites, including the equipment and internet connection or mobile telephone service necessary to access and use the Sites. If you access and use the Sites on your mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider. You remain solely responsible for any taxes that may be applicable to your purchases.

 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY PURCHASE MADE ON THE SITES. You further agree to provide current, complete, and accurate information for all purchases made on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to FL Newsletter the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a transaction. 

 

Further, it is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to any purchases made on the Sites. Any offer made on the Sites is void where prohibited.

 

OWNERSHIP OF THE SITES

 

As between FL Newsletter and you, FL Newsletter and its third-party licensors are and will remain the sole and exclusive owners of all right, title and interest in and to the Sites, including all content available through the Sites and their design, selection and arrangement and all intellectual property rights therein (“Site Content”). 

 

The Site Content includes the FANTASY LIFE trademark and all related names, logos, product and service names, designs and slogans (“FL Newsletter Marks”). You must not use the FL Newsletter Marks without FL Newsletter’s prior written permission.  All other names, logos, service names, designs and slogans of third parties that appear on or in the Sites are the trademarks of their respective owners. 

 

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can access and use the Sites for personal, non-commercial use, at all times subject to these Terms. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. FL Newsletter reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. 

 

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not:

 

  • create and/or publish your own database that features parts of the Sites without FL Newsletter’s express prior written consent;
  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store transmit, or otherwise exploit any of the Site Content;
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Sites; 
  • frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, FL Newsletter, or any of our licensors into another website or other service; or
  • otherwise violate or infringe the proprietary rights of FL Newsletter or its third-party licensors in and to the Site Content at any time.

 

Any unauthorized use of the Site Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

 

USER CONTENT[ 9] [ 10] [ 11] 

 

The Sites may contain forums and other interactive features that allow users to post, submit, publish, display or transmit content or materials (collectively, “User Content”).  User Content has not necessarily been reviewed or approved by FL Newsletter, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to FL Newsletter. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content. 

 

You own the User Content that you create unless the terms and conditions applicable to your submission of User Content state otherwise. However, when you submit User Content through the Sites, you grant FL Newsletter (including our suppliers that help us operate the Sites and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), fully-paid right and license to use, host, store, reproduce, modify, publicly display, perform, translate, distribute and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law.  No moral rights are transferred by the right and license to User Content that you grant to FL Newsletter in these Terms.

 

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy and appropriateness. When you provide User Content, you represent and warrant to FL Newsletter that:

 

  1. You own or control all rights in and to your User Content and have the right to grant the rights and license granted to FL Newsletter above in these Terms;
  2. Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights;
  3. Your User Content is true and accurate; and 
  4. All of your User Content complies with these Terms and all applicable laws, rules, and regulations.

 

Your User Content must comply with all of the following rules:

  1. User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. User Content must not promote sexually-explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity or age.
  3. User Content must not deceive or intend to deceive any person.
  4. User Content must not promote any illegal activity or advocate, promote or assist any unlawful act.
  5. User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by FL Newsletter or by any other person or entity if this is not the case.

 

If you believe that User Content violates these Terms, please notify us at <newsletter@fantasylife.com>, including a description of the specific User Content and its location in the Sites. To the extent permitted by law, you agree to indemnify FL Newsletter for all claims brought by a third party against FL Newsletter arising out of or in connection with your User Content.

 

In addition to User Content, you may from time to time choose to provide FL Newsletter with ideas, suggestions or other feedback about the Sites.  You own your feedback but, by providing feedback to FL Newsletter, you agree and hereby grant to FL Newsletter a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of and otherwise exploit in any manner all of your feedback.  All of your feedback is considered non-confidential and non-proprietary.

 

PERMITTED USES OF THE SITES

 

You must use the Sites for lawful, personal and non-commercial purposes only and not for any fraudulent purpose or in connection with any unlawful activity.  Without limiting the foregoing, you must not and you agree not to attempt to or encourage or allow any third party to:

 

  • gain (or attempt to gain) unauthorized access to the Sites or FL Newsletter’s computer systems or networks through hacking, password mining or other means or to violate the security of any computer or security network;
  • use the Sites in any manner that you know or should know could damage, disable, overburden or impair FL Newsletter’s servers or networks;
  • discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Sites;
  • use the Sites on behalf of anyone other than yourself;
  • copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Sites; 
  • remove any copyright, trademark, or other proprietary rights notice contained in the Sites or otherwise infringe or violate the intellectual property rights of FL Newsletter or any third party; 
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Sites; 
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Sites or any feature or functionality of the Sites to any third party for any reason;
  • reformat or frame any portion of the web pages that are part of the Sites, including with the intention of reselling or distributing products; or
  • use the Sites to send any unauthorized or unsolicited commercial or promotional content. 
  • Violate these Terms or any applicable local, state, national, or international law, regulation, or order.

 

FL Newsletter shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Sites and/or to remove any User Content from the Sites, for any reason, including to determine compliance with these Terms. Further, FL Newsletter reserves the right to monitor and record activity on the Sites to the fullest extent permitted by applicable law and in accordance with the FL Newsletter Privacy Policy (or any other privacy policy or notice provided to you). 

 

FL Newsletter has the discretion to terminate your access to the Sites (in addition to any other available remedy) without notice if FL Newsletter has a reasonable basis to believe that you are using the Sites in violation of these Terms.

 

PROMOTIONS

 

From time to time, FL Newsletter may offer you the opportunity to participate in offers or other promotions (collectively, “Promotions”). Promotions will often be subject to additional terms and conditions, rules, and regulations, which shall be considered “Additional Terms” as defined in these Terms. 

 

You may not transfer, assign, sell, trade or barter any prize, premium or other benefit you receive through Promotions. Unless required by law or expressly stated otherwise by us, any prize, premium, reward or other benefit may not be combined with any other discount or other benefit received from FL Newsletter.  ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM FL Newsletter, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

 

Only humans may participate in Promotions. No machines, scripts or automated sites may be used to participate. 

 

We reserve the right to modify, terminate or suspend the availability of any Promotion and to correct errors or inconsistencies in promotional materials.  We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF ANY PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  FL Newsletter RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

You agree to be bound by FL Newsletter’s decisions about a Promotion, which are final and binding. All Promotions are subject to all applicable laws, rules and regulations and are void where prohibited or restricted. 

 

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE FL Newsletter AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE AND/OR MISUSE OF ANY REWARD, PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

 

TERM AND TERMINATION

 

These Terms shall remain in effect until terminated by you or FL Newsletter. You may stop using the Sites at any time and for any reason.  If you want to delete your account, please contact FL Newsletter using the contact information provided at the end of these Terms.  If you want to correct or delete the personal information associated with your account, please see the FL Newsletter Privacy Policy. 

 

FL Newsletter may terminate your account, your access to the Sites, and/or this agreement immediately, automatically, and without any notice if we, in our sole discretion, consider you to be using the Sites in an unacceptable manner, which includes any breach by you of these Terms or the violation of any law. When these Terms terminate, the rights granted by FL Newsletter to you terminate and you must cease all use of the Sites. 

 

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following provisions will survive termination: any limitation on our liability, any disclaimer of warranty or content, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us.  Termination does not and will not limit any of FL Newsletter’s rights and remedies at law or in equity.

 

LINKED SITES

 

The Sites contain links to other websites and resources provided by third parties (including our marketing agency partners and social media platforms) (collectively, “Linked Sites”). FL Newsletter cannot and does not control Linked Sites even though some Linked Sites allow you to export your information to them, such as “like” or “share” features on social media.  Please carefully review the privacy policies and other terms of use for all Linked Sites.  If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Sites and not these Terms.

 

The Sites may include third-party software that is offered generally available and free of charge under open source or similar licenses (“Third Party Software”).  Although the Sites provided to you are subject to these Terms, Third Party Software included in the Sites may be subject to other licenses or usage terms, which will be presented to you as and when applicable.

 

DISCLAIMERS AND LIABILITY LIMITATIONS

 

Disclaimer of Warranties. WHERE PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. 

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FL Newsletter AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE, OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS AND SUPPLIERS (COLLECTIVELY, “FL Newsletter PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE FL Newsletter PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SITES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Limitations on Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE FL NEWSLETTER PARTIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE SITES.

 

In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of the FL NEWSLETTER PARTIES or any other third party mentioned on the Sites. Accordingly, THE FL NEWSLETTER PARTIES assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

You agree to defend (at FL Newsletter’s option), indemnify, and hold FL Newsletter harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent. 

 

COMMUNICATIONS

 

When you use the Sites or send emails to us, you are communicating with us electronically.  Depending on your choices and account settings, we will communicate with you electronically in a variety of ways, such as by email or otherwise through the Sites.[ 12] [ 13] [ 14]   Some of these communications are automatic and some are sent by default as part of the Sites.  We may add or remove certain types of communications from time to time.  You can adjust whether you receive certain electronic communications in your account settings.  Although you can disable certain communications, we may still send you notices as needed to allow us to provide certain parts of the Sites to you, such as to notify you about a security incident.

 

You agree that all agreements, notices, disclosures and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider. 

 

If your email address or other contact information changes, you are responsible for informing FL Newsletter. Changes to your email address will apply to all of your communications from us.

 

Certain communications could include information about your account, such as a password reset request. Anyone with access to your email account or mobile device could view the content of these communications.

 

When we send marketing or promotional communications, you can control our email marketing communications by clicking the unsubscribe link in the footer of each marketing email. 

 

DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE

 

By using the Sites, you and FL Newsletter agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

 

  • Notice to FL Newsletter: You must send notice (1) by electronic mail to newsletter@fantasylife.com ] and (2) by first-class or certified mail to 301 6th Ave, 42nd floor, New York, NY 10019 

 

  • Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

 

Both you and FL Newsletter agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and FL Newsletter agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

 

Notwithstanding the foregoing, in lieu of arbitration either you or FL Newsletter may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis. 

 

CHOICE OF LAW AND CHOICE OF FORUM

 

These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of New York, without giving effect to any conflict of laws principles. You and FL Newsletter acknowledge that these Terms evidence a transaction involving interstate commerce and that any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

 

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action. 

 

MISCELLANEOUS

 

  • These Terms (including our Privacy Policy)contain the sole and entire understanding by and between FL Newsletter and you with respect to the Sites and matters contained herein and supersede all prior and contemporaneous understandings and agreements, whether written and oral, regarding the Sites.
  • You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide FL Newsletter any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing.  You also agree that no third-party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Sites constitutes your agreement to be bound by these Terms as they exist on the date of your electronic signature.
  • These Terms inure to the benefit of and are binding on FL Newsletter’s and your successors and assigns, respectively.
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