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Splash Sports, RunYourPool, & OfficeFootballPool are now a unified brand. Rest assured that you are in the right place.

TERMS OF SERVICE

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND RUNYOUROFFICEPOOLS, LLC, OWNER OF RUNYOURPOOL.COM AND OFFICEFOOTBALLPOOL.COM, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” (SEE SECTIONS 11 THROUGH 11.12 OF THESE TERMS, BELOW).

PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTIONS 11 THROUGH 11.12 BELOW), THE PRIVACY POLICY AND RESPECTIVE RunYourOfficePools, LLC CONTEST RULES CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY RunYourOfficePools, LLC SERVICES, WEBSITE OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE THE  PRIVACY POLICY, AND RESPECTIVE RunYourOfficePools, LLC CONTEST RULES.

1. ACCEPTANCE OF TERMS

RunYourOfficePools, LLC owns the websites RunYourPool.com and OfficeFootballPool.com, along with their related mobile applications (the “Platforms”). RunYourOfficePools, LLC provides the Platforms’ services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using specific Platforms services, both you and RunYourOfficePools, LLC 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 fantasy sports pools run on the Platforms, 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 10 and an Arbitration Clause and Class Action Waiver in Sections 11 through 11.12.

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

RunYourOfficePools, LLC provides pool commissioners with web-based Platforms 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.

RunYourOfficePools, LLC 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 RunYourOfficePools, LLC. Due to costs we incur for server resources and payment processing, all sales are final.

3. ENTERTAINMENT PURPOSES ONLY

All services provided by RunYourOfficePools, LLC 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

RunYourOfficePools, LLC 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. RunYourOfficePools, LLC 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 RunYourOfficePools, LLC 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 RunYourOfficePools, LLC's services in exchange for anything of value.

5. SERVICE INTERRUPTION

RunYourOfficePools, LLC will make every effort to provide uninterrupted access to its services. However, RunYourOfficePools, LLC makes no guarantees that its 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 RunYourOfficePools, LLC from all or part of the Internet. RunYourOfficePools, LLC 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. RunYourOfficePools, LLC will not accept responsibility for any consequences resulting from disruptions in service.

6. YOUR REGISTRATION OBLIGATIONS

To register on RunYourOfficePools, LLC’s Platforms, 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

RunYourOfficePools, LLC 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. 

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

When using specific RunYourOfficePools, LLC 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 RunYourOfficePools, LLC 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. RunYourOfficePools, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. 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.

10. 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 RUNYOUROFFICEPOOLS, LLC, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO RunYourOfficePools, LLC 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.

11.  BINDING ARBITRATION AND CLASS ACTION WAIVER AGREEMENT

PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND RunYourOfficePools, LLC  SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

WHILE YOU MUST AGREE TO THIS SECTION AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

11.1 SCOPE OF THE AGREEMENT TO ARBITRATE

You and RunYourOfficePools, LLC agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, any Contest or Prize, Your access to or use of any Platform or the Services, or otherwise arising from or in relation to this Agreement, the Terms of Use, the RunYourOfficePools, LLC Contest Rules or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any prior agreements with RunYourOfficePools, LLC or version of this Agreement, except that you and RunYourOfficePools, LLC are NOT required to arbitrate any Dispute in which (a) the dispute qualifies for initiation in small claims court; (b) either party seeks equitable and other relief for the alleged unlawful use of intellectual property including copyrights, trademarks, trade names, logos, trade secrets, or patents; or (c) You opt-out of these arbitration procedures as further described below in Section 11.5. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and RunYourOfficePools, LLC agree and delegate to the arbitrator the exclusive jurisdiction to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

11.2 SEPARATE AGREEMENT

The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, the Privacy Policy, and the RunYourOfficePools, LLC Contest Rules have no effect upon the validity and enforceability of this Agreement.

11.3 PRE-ARBITRATION CLAIM RESOLUTION

A party who intends to seek arbitration or pursue a claim in court must first send to the other a written Notice of Dispute (“Notice”). You may pursue your dispute in a court only under the circumstances described above. The Notice to Us should be sent by email to SUPPORT@SPLASHSPORTS.COM. The Notice must include (1)Your name, address, and email address; (2) whether You have an account and how and when you created it, and the email address and telephone number associated with that account, (3) a description of the nature and basis of the claim or dispute including any relevant facts regarding your use of the Platform and/or Services; (4) an explanation of the specific relief sought, including the total damages You seek, if any, and the basis for the damage calculations; (5) Your personally signed statement verifying the accuracy of the contents of the Notice; and (6) if You have retained an attorney, Your signed statement authorizing Us to disclose personal information about You to Your attorney if necessary in resolving Your claim. The Notice must also be individualized, meaning it can only concern Your dispute and no other person’s dispute. You also agree that, after sending the Notice, at Our request you will personally participate in a discussion by telephone with Us to facilitate resolving your claim before arbitration is initiated. We also agree to participate in a telephone discussion at your request. If We and You do not reach an agreement to resolve the claim within 60 days after the Notice is received, You or We may commence an arbitration proceeding or you may pursue Your dispute in court only under the circumstances described herein. If either You or We send the other an incomplete Notice, the 60-day period begins only after a complete Notice is received, and if either You or We request a telephone discussion, the 60-day period begins only after the discussion has happened. Compliance with these pre-arbitration Notice and dispute resolution procedures are a condition precedent to initiating arbitration.

11.4 INITIATING ARBITRATION

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution),  then either party may initiate binding arbitration of a Dispute in accordance with the provisions of this Agreement. The arbitration shall be conducted by the National Arbitration and Mediation (“NAM”) pursuant to its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (“NAM Rules”), except as modified by this Agreement. The NAM Rules are available on  NAM’s website www.namadr.com. In the event NAM is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider. All issues shall be for the arbitrator to decide, including the scope of this Provision. The parties agree that the party initiating arbitration must submit a signed certification to NAM that they have complied with the pre-arbitration Notice and dispute resolution procedures, before initiating arbitration.

By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

11.5 EXCLUSIONS FROM ARBITRATION AND OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO SUPPORT@SPLASHSPORTS.COM INCLUDING THE WORDS “OPT OUT” IN THE SUBJECT LINE AND IN THE BODY OF THE EMAIL, (1) YOUR FULL NAME; (2) YOUR ADDRESS; AND (3)  A CLEAR STATEMENT THAT YOU WISH TO OPT-OUT OF ARBITRATION.  THE OPT-OUT EMAIL MUST ALSO BE INDIVIDUALIZED, MEANING IT CAN ONLY CONCERN YOUR RIGHTS AND NO OTHER PERSON’S RIGHTS. WE PROMISE THAT YOUR DECISION TO OPT-OUT OF THIS ARBITRATION PROVISION WILL NOT NEGATIVELY AFFECT YOUR RELATIONSHIP WITH US. BUT, WE DO HAVE TO ENFORCE THE OPT-OUT DEADLINE, SO KEEP IN MIND THAT ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT.

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

11.6 LOCATION OF ARBITRATION AND ARBITRATION PROCEDURES

You and RunYourOfficePools, LLC agree that:

  1. provided the Dispute involves solely individual claims for your own losses or own damages only in accordance with the Agreement, NAM  will administer the arbitration under the applicable NAM Rules. However, the parties agree that NAM will only include in a list of potential arbitrators those who are retired Colorado state District Court Judges or federal court judges who have at least ten years of substantive expertise in adjudicating complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.
  2. An administrative conference with NAM shall be conducted in each arbitration proceeding, and you and a RunYourOfficePools, LLC representative shall appear at the administrative conference via telephone. If You initiated the arbitration and you fail to appear at the administrative conference, regardless of whether your counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference. If we initiate the arbitration and a RunYourOfficePools, LLC representative fails to appear at the administrative conference, regardless of whether our counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless we show good cause as to why the representative was not able to attend the conference.
  3. The applicable NAM rules will govern payment of all arbitration fees unless you qualify for a fee waiver under applicable law, in which case you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Each Party shall be responsible for its own attorney fees and costs incurred in such arbitration unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or brought for an improper purpose, in which case the arbitrator may order You or US to pay the other side’s attorney fees or costs;
  4. Where required by a state’s authorizing act or regulation, the parties consent to the jurisdiction of the applicable state to resolve any disputes arising out of any fantasy contest activity conducted under such authorizing act;
  5. except as otherwise may be required by the NAM Rules or applicable state law or regulation, the arbitration will be commenced and held in the County of Denver, State of Colorado. For United States residents, arbitration of individual claims under the consumer rules related to your own claimed loss only may take place at any reasonable location within the United States convenient for you, and you may appear by video or telephone.
  6. the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, however, any relief must be individualized to you and shall not affect any other persons.
  7. except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement.

11.7 WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR RunYourOfficePools, LLC SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.

You and RunYourOfficePools, LLC are each waiving respective rights to participate in a class action. By accepting this Agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to this Agreement.

YOU ALSO EXPRESSLY WAIVE AND RELEASE, TO THE FULLEST EXTENT AVAILABLE AT LAW, ANY CLAIM PURPORTED TO BE ASSERTED BY ANY OTHER PERSON ON YOUR BEHALF OR FOR YOUR USE OR BENEFIT.

11.8 WAIVER OF JURY TRIAL

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.

11.9 MASS FILING AND BATCHING PROCESS

For purposes of efficient administration, in the event twenty-five (25) or more substantially similar demands for arbitration are filed by or with the assistance or coordination of the same law firm, group of law firms, or organization (“Mass Filing”), the parties agree that (1) NAM (or another arbitration provider selected by the parties or by the court if NAM is unavailable), shall administer the Mass Filing in batches of 25 per batch (if, after batching, fewer than 25 demands remain, then the final batch will consist of the remaining demands); (ii) a single, different arbitrator shall be designated for each batch (unless the parties agree otherwise) selected in accordance with the applicable NAM rules; (iii) no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated, (iv) any arbitration fees associated with a demand for arbitration included in a Mass Filing shall only be assessed after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 25 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved.

You agree to cooperate in good faith with us and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Any disagreement between the parties as to whether the batch arbitration procedure applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. The batch arbitration procedure set forth herein shall in no way be interpreted as authorizing class arbitration of any kind. We reserve our right to raise unique defenses as to each claimant in connection with this process, and you reserve all rights to raise unique claims, facts, and defenses in connection with your claims. While NAM shall batch the claims for organizational purposes, it shall not consolidate them for decision on the merits and shall decide each case on the merits individually. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that the batching procedure is integral to the arbitration agreement insofar as it applies to a Mass Filing. If the batching procedure is found to be invalid, unenforceable or illegal, then the entire agreement to arbitrate shall be null and void, and neither you nor we shall be entitled to arbitrate any claim that is or if filed in arbitration would have been a part of the Mass Filing.  The Class Action Waiver, however, will not be null and avoid and will continue to govern any claims you or we bring in court.

11.10 SEVERABILITY

This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. The parties agree further that if any part of this Agreement is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

11.11 CONFIDENTIALITY

You and RunYourOfficePools, LLC shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

11.12 GOVERNING LAW

The parties agree that these Terms of Use and the rights and claims of the parties regarding the Services and the relationship of the parties shall be governed by and construed in accordance with the laws of the State of Colorado, which shall apply without regard to principles of conflicts of law.

12. 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.

13. ADDITIONAL TERMS FOR OUR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.

14. ENTIRE AGREEMENT

These Terms, and any additional terms, rules and conditions of participation in particular contests that RunYourOfficePools, LLC may post on the Platforms, constitute the entire agreement between you and RunYourOfficePools, LLC with respect to the Service and supersedes any prior agreements, oral or written, between you and RunYourOfficePools, LLC. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict, with the exception of the Arbitration Agreement set forth in Sections 11 through 11.12 of these Terms, which shall control over any express or perceived conflict.