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TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

RYP Midco, LLC ("RunYourPool") provides its services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.runyourpool.com/terms_of_service.cfm. In addition, when using specific RunYourPool services, both you and RunYourPool shall be subject to any posted guidelines or rules applicable to such services which may be changed from time to time. As commissioner or organizer of any of RunYourPool fantasy sports pools, you will be subject to specific fantasy sports pool terms, conditions and rules. All such conditions, guidelines or rules are hereby incorporated by reference into the TOS.

These Terms of Service contain important information regarding your rights and obligations, as well as various conditions, limitations, and exclusions, including limitations of liability in Section 11 and an Arbitration Clause and Class Action Waiver in Section 12

By agreeing to these Terms of Service, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

If you do not agree to these Terms of Service or our privacy policy or other terms incorporated by reference, please do not use this website.

2. DESCRIPTION OF SERVICE

RunYourPool provides pool commissioners with a web-based platform for creating, hosting, and managing sports/pop-culture pools. All of our pools are private, and are run at the sole discretion of the pool commissioner, who controls and has access to all settings, rules, picks, and other elements associated with their pool. By joining a private pool, pool participants accept that the pool commissioner has FULL CONTROL over their pool, and must address any concerns directly with them.

RunYourPool provides its pool management service to pool commissioners for a small fee. There is no charge for pool participants. By agreeing to these terms of service, pool commissioners agree to either pay the full-service fee (after the free trial period) or have access denied to their pool until such time as full payment is received by RunYourPool. Due to costs we incur for server resources and payment processing, all sales are final.

3. ENTERTAINMENT PURPOSES ONLY

All services provided by RunYourPool are for ENTERTAINMENT AND/OR MARKETING PURPOSES ONLY and may not be used in connection with any form of gambling or wagering.

4. RESERVATION OF RIGHTS

RunYourPool expressly reserves the right to immediately modify, suspend or terminate any of its services (including future use) if you have violated or acted inconsistently with the spirit or letter of the Terms of Service. RunYourPool expressly reserves the right to alter its pool offerings (including changes to features and functionality) or to discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that RunYourPool will not be liable to you or to any third party for any modifications or discontinuance of service. You shall not sell, resell, or make available to any third party any data or information available through any of RunYourPool's services in exchange for anything of value.

5. SERVICE INTERRUPTION

RunYourPool will make every effort to provide uninterrupted access to its services. However, RunYourPool makes no guarantees that it's service will be available at all times. Such occurrences as extremely high website traffic, denial of service attacks, power outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to RunYourPool from all or part of the Internet. RunYourPool will make every reasonable effort to restore access as soon as possible in the event the cause of the interruption is determined to be within its control. RunYourPool will not accept responsibility for any consequences resulting from disruptions in service.

6. YOUR REGISTRATION OBLIGATIONS

To register on RunYourPool, pool commissioners need to select a type of pool, enter a pool name and password, their name, email address, street address, city, state, country, and zip code. Administrators must also accept the terms of service outlined in this document. Since vital pool information is sent via email, please provide a valid email address. Pool members will be required to enter similar information upon joining a private pool. Should a user forget his/her password, they may reset their password and have the new password sent to them via the email address on record. If a user has changed email addresses, he/she should notify the pool commissioner immediately and the pool commissioner will make the necessary changes to the user's account record in an acceptable timeframe.

7. PRIVACY POLICY

RunYourPool will only keep a user's name, email address, and other basic account information (e.g. username) on record. You may always view a current version of our privacy policy here: https://www.runyourpool.com/privacy.cfm

By agreeing to these Terms of Service, you agree to allow RunYourPool to send you occasional promotional emails for additional RunYourPool services. More frequent contact emails will be sent to Pool Commissioners for notifications related to their pools.

When using specific RunYourPool services, you may have access to the Personal Data (as that term is defined in our privacy policy) of participants in your pool. By agreeing to these Terms of Service, you agree that you are directly liable to such participants for your use, disclosure, and other processing of their Personal Data. You further agree to comply with all applicable laws regarding the use, disclosure, and all other processing of Personal Data, including but not limited to securing consent for your secondary processing of Personal Data, where necessary.

8. USERNAME, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify RunYourPool of any unauthorized use of your username or any other breach of security, and (b) ensure that cookies on your machine are managed in a secure manner. RunYourPool cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. LOCATION OF LAWSUIT

You and RunYourPool agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware, USA.

10. INVALIDITY OF SPECIFIC TERMS

If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

11. LIABILITY LIMIT & DISCLAIMERS

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST INCOME OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NEITHER RUNYOURPOOL, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO RUNYOURPOOL OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. YOU AND RUNYOURPOOL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

  1. You hereby agree that, except as provided in Section 12.F below, any claim, dispute, or controversy between you and RunYourPool, whether brought by you or by RunYourPool, arising out of or relating in any way to the Agreement, your use of our Website or any of our content, or other aspect of the Website, must be resolved through final, binding, and confidential arbitration administered by JAMS in accordance with the then-current Streamlined Arbitration Rules and Procedures for commercial contracts (the "JAMS Rules"), except that you or we may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, in any court of competent jurisdiction. If the JAMS Rules conflict with any portion of these Terms of Service, these Terms of Service shall control. The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 15, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
  2. The arbitration of any claims or disputes hereunder shall be conducted in New York County, New York, USA, except that if you are an individual, the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence. You or we may also choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, including, if you are an individual, the JAMS Consumer Arbitration Minimum Standards. Each party will bear its own attorneys' and experts' fees in connection with any dispute governed by this Agreement.
  3. Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 12.D below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of this arbitration provision, including any challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow the Agreement, as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
  4. You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED IN WRITING BY YOU AND RUNYOURPOOL, WITH REGARD TO ANY CLAIMS HEREUNDER, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANY OTHER SIMILAR CLAIMS OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  5. You can opt out of this arbitration provision by sending a notice ("Rejection Notice") to RunYourPool within sixty (60) days of the date that you first agreed to these Terms of Use or to any subsequent revisions to this Section 16. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name, address, username, the email address, or phone number associated with your account, and a clear statement that you want to opt out of this arbitration agreement to Legal@RunYourPool.com. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming RunYourPool received the Rejection Notice within sixty (60) days. You may opt out of the Agreement in its entirety by not using the Website.
  6. If for any reason, a claim proceeds in court rather than arbitration under this Section 12, the claim shall be resolved exclusively in the appropriate state and federal courts located in the state of Delaware. With respect to any non-arbitrable claims, both parties hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive all objections to such courts on any basis, including without limitation inconvenience of the forum.
13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.