Quantcast

welcome

upcoming fights

  • ISAAC CHILEMBA
    vs.OLEKSANDR GVOZDYK 11/19 - 10pm
    HBO PPV
  • MAURICE HOOKER
    vs.DARLEY PEREZ 11/19 - 10pm
    HBO PPV
  • MIGUEL BERCHELT
    vs.TAKASHI MIURA 7/15 - 9pm
    HBO

TERMS

Terms of Use

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15

The following Terms of Use outline your obligations when using the ThrowdownFantasy website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at www.ThrowdownFantasy.com, and all linked pages ("Site"), are owned and operated by ThrowdownFantasy ("ThrowdownFantasy"), which is a trading company of ThrowdownFantasy Inc. and is accessed by you under the Terms of Use described below ("Terms of Use"). Please read these terms of use carefully before using the Site. By accessing the Site or using any part of the Site or any content or services (as each is defined below) on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site.

2. MODIFICATION OF TERMS OF USE

Except for Section 15, providing for binding arbitration and waiver of class action rights, ThrowdownFantasy reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. ELIGIBILTY

You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the ThrowdownFantasy Service for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.

In order to deposit money to play paid entry games you must be able to represent and warrant that:

  • you are of 18 years of age or older
  • you are a citizen or resident of the United States of America,Canada or UK and that you have an address in the United States of America,Canada or UK;
  • you are physically located in the United States of America,Canada or UK and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
  • you will abide at all times by these Terms of Use and any other agreements between you and ThrowdownFantasy regarding your use of the Site or participation in games; and
  • you are not a resident of any of the following states: Arizona, Iowa, Louisiana, Montana or North Dakota
  • you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

If you do not meet the eligibility requirements of this section, then do not use the ThrowdownFantasy Service. In addition to any other rights that ThrowdownFantasy may have in law or equity, ThrowdownFantasy reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the ThrowdownFantasy service that does not meet the foregoing requirements. ThrowdownFantasy may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.

You may establish only one account per person to participate in the activities offered on the ThrowdownFantasy service. In the event ThrowdownFantasy discovers that you have opened more than one account per person, in addition to any other rights that ThrowdownFantasy may have, ThrowdownFantasy reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

ThrowdownFantasy employees may use the ThrowdownFantasy service for the purpose of testing the user experience, but may not withdraw money or prizes for themselves. ThrowdownFantasy consultants or promoters of the site may play in contests without limitation. These individuals do not have any access to non-public site data or any other data not made available to all players on the site and will not receive any other advantages in their play on the site.

Athletes may not participate in any ThrowdownFantasy contests in which they or any part of their team are available for selection.

4. CONDITIONS OF PARTICIPATION

Registration

In order to participate in contest on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as prompted (such information being the Registration Data) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or ThrowdownFantasy has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, ThrowdownFantasy may deny you access to areas requiring registration, at its sole discretion.

Account Password and Security

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. Many portions of the Site require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify ThrowdownFantasy of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your Username and Password to access the Site's Restricted Areas. ThrowdownFantasy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that ThrowdownFantasy is authorized to act on instructions received through use of your Username and Password, and that ThrowdownFantasy may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

Communications and Disclosure

As a result of your registration for the Site, you may receive certain commercial communications from ThrowdownFantasy related to content found on the Site. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info [at] ThrowdownFantasy [dot] com.

You acknowledge, consent and agree that ThrowdownFantasy may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Use; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of ThrowdownFantasy, its users and the public.

Disqualification

ThrowdownFantasy, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy points or prizes and require the return of any prizes, if entrant engages in conduct ThrowdownFantasy deems to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other entrants information and spamming other entrants; and abusing the ThrowdownFantasy website in any way. Entrant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent ThrowdownFantasy from pursuing criminal or civil proceedings in connection with such conduct. Further this service MAY NOT BE USED FOR ANY FORM OF GAMBLING.

ThrowdownFantasy and any partners are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of ThrowdownFantasy; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

ThrowdownFantasy and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of ThrowdownFantasy corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, ThrowdownFantasy reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the ThrowdownFantasy website.

The failure of ThrowdownFantasy to comply with any provision of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of ThrowdownFantasy (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.

No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this service.

Publicity

By entering a Contest, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other ThrowdownFantasy Contests, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to ThrowdownFantasy Inc for publicity, advertising and promotional activities relating to the Contest or other ThrowdownFantasy Contests. ThrowdownFantasy Inc and Partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. In all disputes arising out of the determination of the winner of ThrowdownFantasy Contests, ThrowdownFantasy Inc is the sole judge and its actions are final and binding. Entrants agree that ThrowdownFantasy Inc may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of ThrowdownFantasy Contests or other contests or games operated by ThrowdownFantasy Inc.

5. GAME RULES

Game of Skill

ThrowdownFantasy is a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in ThrowdownFantasy must be made up of players drawn from a minimum of two sporting events.

Entry fees

Each ThrowdownFantasy contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your ThrowdownFantasy account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested, the name in which the email address on file was registered with the email service provider.

Contest Term

ThrowdownFantasy offers contests for multiple professional sports events taking place on a single day or at most a week.

Prizes

After each contest ends, prizes are awarded (generally by 10 AM ET the following day). The players in each contest who accumulate the most fantasy points will win prizes as set out in the posted contest details. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.

ThrowdownFantasy offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.

Prize calculations are based on the results as of the time when final scoring is tabulated by ThrowdownFantasy. Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues.

No substitution or transfer of prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, ThrowdownFantasy reserves the right in its sole discretion to determine whether or not to award such prizes.

Notification

Winners are generally posted on the ThrowdownFantasy website after the conclusion of each contest by 10 AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: CompuBox Inc., P.O. Box 175, Manorville, NY 11949

Taxation

In early January each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.

Bonuses and Promotions

We frequently offer bonuses to newly depositing users and for other marketing purposes. These bonuses are for entry into competitions on ThrowdownFantasy and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system, ThrowdownFantasy reserves the right to retract user bonuses.

We frequently offer cash rewards for players competing in "Beat The Expert" competitions and Giveaway/Freeroll tournaments. ThrowdownFantasy reserves the right to reclaim these funds if players do not use them to enter real money contests within 1 month of their initial crediting. These funds can be used to enter real money contests but cannot be immediately withdrawn.

6. CONDUCT

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ThrowdownFantasy. By way of example, and not as a limitation, you agree not to:

  • abuse, harass, impersonate, intimidate or threaten other ThrowdownFantasy users;
  • post or transmit, or cause to be posted or transmitted, any materials ("User Content") that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ThrowdownFantasy user;
  • create or submit unwanted email ("Spam") to any other ThrowdownFantasy users;
  • infringe upon the intellectual property rights of ThrowdownFantasy, its users, or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the ThrowdownFantasy leader boards and community;
  • advertise to, or solicit, any user to buy or sell any products or Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • sell or otherwise transfer your profile.

Violation of our rules may result in the removal of your content from the Site and/or the canceling of your account. You acknowledge and agree that ThrowdownFantasy may remove any User Content and terminate any ThrowdownFantasy account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use abuse, please click here to contact us.

User Content

You understand that all User Content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not ThrowdownFantasy, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will ThrowdownFantasy be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.

You acknowledge that ThrowdownFantasy may or may not pre-screen User Content, but that ThrowdownFantasy and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, ThrowdownFantasy and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in ThrowdownFantasy's sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.

With respect to User Content you submit or make available on the Site, you grant ThrowdownFantasy an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Site. ThrowdownFantasy reserves the right, but has no obligation, to monitor disputes between you and other users.

7. INDEMNITY

By using the ThrowdownFantasy service or accepting any prize, entrants, including but not limited to the winners, you agree to release and to hold harmless ThrowdownFantasy and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.

8. WARRANTY DISCLAIMERS

You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that ThrowdownFantasy has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ThrowdownFantasy from all liability for you having acquired or not acquired Content through the Site or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ThrowdownFantasy makes no representations concerning any content contained in or accessed through the Site, and ThrowdownFantasy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

9. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT THROWDOWNFANTASY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THROWDOWNFANTASY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THROWDOWNFANTASY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THROWDOWNFANTASY FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10. OUR PROPRIETARY RIGHTS

All title, ownership and intellectual property rights in and to the Site are owned by ThrowdownFantasy or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ThrowdownFantasy, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

11. LINKS

The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because ThrowdownFantasy has no control over such sites and resources, you acknowledge and agree that ThrowdownFantasy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ThrowdownFantasy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. TERMINATION

ThrowdownFantasy may terminate or suspend the Site and any and all services and your ThrowdownFantasy account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your ThrowdownFantasy account, you may simply discontinue using the Site or contact us via the contact form with a note to say you wish to terminate your account. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.

14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

ThrowdownFantasy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ThrowdownFantasy's Copyright Agent a Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ThrowdownFantasy's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Mail: ThrowdownFantasy.com, P.O. Box 175, Manorville, NY 11949 
Email: info [at] ThrowdownFantasy [dot] com

15. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution: Our Customer Support Department is available by phone (631-503-6992) or via the web to address any concerns you may have regarding the Site. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ThrowdownFantasy will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, ThrowdownFantasy will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and ThrowdownFantasy agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THROWDOWNFANTASY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: CompuBox inc., P.O. Box 175, Manorville, NY 11949. The notice must be sent within 30 days of 08/20/2013 or your first use of the Site, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, ThrowdownFantasy also will not be bound by them.

Changes to this Section. ThrowdownFantasy will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

For any dispute not subject to arbitration you and ThrowdownFantasy agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and ThrowdownFantasy shall be governed by the laws of the State of New York without regard to conflict of law provisions.

16. GENERAL INFORMATION

Entire Agreement

These Terms constitute the entire agreement between you and ThrowdownFantasy with respect to the Site and supersedes any prior agreements, oral or written, between you and ThrowdownFantasy.

Waiver and Severability of Terms

The failure of ThrowdownFantasy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

COPYRIGHT 2015 - THROWDOWN FANTASY - ALL RIGHTS RESERVED TERMS PRIVACY