(last revised July 10, 2017)
1. The Agreements
4. User Accounts
In order to participate in a Contest on the Mobile Application, you must register for an account individual to you (“Account”). You may register for an Account either via the Mobile Application’s dedicated registration process or via a single sign on method. By registering an Account, you agree to provide accurate, current and complete information about yourself as prompted and maintain and promptly update Account information to keep it accurate, current and complete. In either case, by creating an account and becoming an Account Holder, you hereby represent and warrant that you 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.
You may establish, maintain, or control only one Account per person to participate in the Services or access the Content offered on the Mobile Application. Each Account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” an Accounts on the Service.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account.
Starting 11 reserves the right to terminate your Account or limit or restrict your use of the Mobile Application or participation in the Services for any reason, including, but not limited to, violation of these Terms. If your account is terminated by Starting 11, Starting 11 reserves the right in its sole discretion to void any deposits or prizes related to the Account in order to, for example and without limitation, offset any costs related to the enforcement or administration of the Terms.
Users will be able to visit the Mobile Application and view the games available for entry (the "Contests").
By entering a Contest, entrants agree to be bound by these Rules and the decisions of Starting 11, which shall be final and binding in all respects.
Contests offered on the Mobile Application are Contests of skill. Winners are determined by the objective criteria described in the Contest Rules, deadline, roster, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant soccer information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Mobile Application and Contests may not be used for any form of illicit gambling.
Each individual Contest that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your Starting 11 account.
Starting 11 offers a number of different types of Contests, including, “winner take all,” “50/50,” and “1-on-1” Contest types. For each Contest, Starting 11 announces the entry fees and prizes in advance.
Starting 11 reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by Starting 11 in its sole discretion.
While Starting 11 and the third parties used to provide the Starting 11 Services use reasonable efforts to include accurate and up-to-date information, neither Starting 11 nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Starting 11 Mobile Application and related information sources. Starting 11 and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Starting 11 Mobile Application and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last soccer match of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Starting 11's sole discretion.
Starting 11 reserves the right to cancel, terminate, modify, or suspend Contests in our sole discretion, without any restrictions. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Mobile Application.
Starting 11, in its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information Starting 11 deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants.
• Falsifying personal information required to enter a Contest or claim a prize;
• Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
• Colluding with any other individual(s) or engaging in any type of syndicate play;
• Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
• Using automated means (including but not limited to scripts and third-party tools) to interact with the Mobile Application in any way (this includes, but is not limited to: creating a Contest, entering a Contest, withdrawing from a Contest, creating a lineup, and editing a lineup);
• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Mobile Application or of any User for any purpose.
• Any type of abuse of any offers or promotions;
• Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
• Obtaining other entrants’ information and spamming other entrants;
• Abusing the Mobile Application in any way; or
• Otherwise violating the Agreements.
Users may cancel entries prior to Contest start. If you timely cancel an entry, your entry fee will be refunded back into your Starting 11 account. Starting 11 has no obligation to honor cancellation requests received within 15 minutes of or after Contest start.
Starting 11 is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, 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 a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Mobile Application , or any web pages that are part of or related to the Mobile Application; 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, postal issues, 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 Mobile Application or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STARTING 11 RESERVES THE RIGHT TO SEEK THE MAXIMUM APPLICABLE DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON PERMITTED BY LAW.
6. Eligibility to Play: Age
You must be at least eighteen (18) years of age to open an Account, participate in any Contest, or win prizes offered by the Mobile Application. In jurisdictions, territories, and locations where the minimum age for permissible use of the Mobile Application is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of Account creation if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. The Mobile Application requires age verification during the process of creating an Account. Any effort to circumvent the Mobile Application’s age verification protocol will result in cancellation or termination of the Account and will bar you from eligibility to use the Mobile Application.
7. Eligibility to Play: Location
Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Alabama, Arizona, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nevada, Virginia, and Washington, as well as the United Kingdom (the “Prohibited Jurisdictions”) are eligible to open an Account and participate in Contests offered by the Mobile Application. But legal residents of the Prohibited Jurisdictions are only eligible to open and maintain an Account on the Mobile Application for use in Contests that do not offer prizes.
The Mobile Application features geo location capability. Any effort to circumvent the Mobile Application’s geo location capability, including the use of proxy servers to attempt to use the Mobile Application while you are physically located in one of the Prohibited Jurisdictions will result in cancellation or termination of the Account and will bar you from eligibility to use the Mobile Application.
You hereby agree that Starting 11 cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. Starting 11 makes no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered. Starting 11 explicitly does not intend the Mobile Application and Services to be used by persons who, by using the Mobile Application and Services, would be in violation of any law in that person’s particular jurisdiction.
8. Deposits and Withdrawals
By depositing money or entering a Contest, you are representing and warranting that you:
• are a citizen or resident of the United States of America and you have an address in the United States of America or are a citizen or resident of the United Kingdom and you have an address in the United Kingdom ;
• are not listed on any United States Government or United Kingdom Government list of prohibited or restricted parties;
• 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.
• are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes when you enter any Contest that awards prizes;
• do not, by virtue of affiliation with another fantasy site, have access to the site’s pre-release non-public confidential data about Contest-related information;
• are not an athlete, coach, team management, team support personnel, or team owner of a real-life soccer team related to a Contest for which Starting 11 offers play;
• Are not a referee, league employee, sports commissioner, or other individual who through an ownership interest or game-related employment can influence Contest for which Starting 11 offers play.
Deposits made will appear on your statement as STARTING 11. All payments are final. No refunds will be issued, although withdrawals may be requested at any time.
If any deposit is charged back any winnings generated from Starting 11 Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. Starting 11 reserves the right to close your account – without notice – if a deposit is charged back.
Withdrawal requests are processed within ten (10) business days. Promotional deposits, credits, and other bonuses may not be withdrawn from a Starting 11 account unless appropriate terms of the promotion are achieved first by the user.
Starting 11 will take appropriate steps to prevent unauthorized withdrawals from Accounts.
Players who believe that funds held by or their accounts with Starting 11 Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with Starting 11 by e-mailing firstname.lastname@example.org. Starting 11 shall use its best efforts to respond to such complaints within ten (10) days. If Starting 11 determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons for denying the requested relief. If more information is required for Starting 11 to process the complaint, the response will note the form and nature of the necessary additional information needed. Userscan also permanently close their Account at any time for any reason through the Starting 11 customer service department.
Deposits and player winnings after Contests are finished—to the extent that such funds are not handled entirely by a third party payment processor—are held in a separate, segregated bank account, distinct from Starting 11’s operating bank account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Starting 11 may not and will not use them to cover its operating expenses or for any other purposes.
Starting 11 may limit the amount a user can deposit into his or her account in accordance with legally-imposed deposit limits.
After each Contest ends, the tentative winners are announced but remain subject to final verification. The players in each Contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted Contest information. Prizes are added to the winning player's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Prizes will only be awarded if a Contest is run to completion.
Prize calculations are based on the results as of the time when final scoring is tabulated by Starting 11. Once winners are initially announced by Starting 11, the scoring results will not be changed, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
Starting 11 employees may use the Service for the purpose of testing the user experience, but are not eligible to participate in paid Contests or win prizes awarded through Contests. Relatives of Starting 11 employees with whom they share a household are likewise not eligible to participate in paid Contests or win prizes awarded through Contests.
From time to time, Starting 11 may engage consultants or promoters of the Service or Content, and those individuals may play in Contests without limitation, but only if their arrangement with Starting 11 does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service, and they do not receive any other advantages in their play on the Service.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Starting 11 from pursuing criminal or civil proceedings in connection with such conduct.
All users who have won $600 or more over the previous calendar year must provide necessary information to Starting 11 so that Starting 11 may comply with applicable tax regulations, and Starting 11 may share such information with appropriate tax authorities. You, not Starting 11, are responsible for filing and paying applicable taxes on any prize winnings.
10. Third Party Payment Processors
Users depositing funds using a credit card in some jurisdictions may see a charge on their credit card statement labeled “international transaction fee” or similar description. The company processing credit card payments for Starting 11 in certain states may operate outside the United States and may impose fees for international transactions.
11. Other Conditions of Use
• post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service or access the Content 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 Starting 11 user;
• create or submit unwanted email or other communication to any other Starting 11 user;
• infringe upon the intellectual property rights of Starting 11, 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 Service or Content for any purpose without our express written permission;
• take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Service or Content or any activities conducted on the Service or Content;
• bypass any measures we may use to prevent or restrict access to the Service or Content;
• use artificial means, including creating multiple user Accounts, to inflate or deflate your user rating;
• use scripts;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
• sell or otherwise transfer your Account; and
• enter into Contests for which you are ineligible.
12. Intellectual Property Rights
The Content on the Mobile Application, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Starting 11, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Mobile Application is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Starting 11 reserves all rights not expressly granted in and to the Mobile Application and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Mobile Application or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Mobile Application or the Intellectual Property therein.
13. Rights of Publicity
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation the Mobile Application.
You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
14. Communications from Starting 11
As a result of your registration of an Account, you may receive certain commercial communications from Starting 11. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
15. Privacy and Data Collection
16. Responsible Play and Voluntary Self-Exclusion Option
Starting 11 encourages healthy user behavior and aims at all times to deliver positive experiences for users of the Mobile Application. We take these issues extremely seriously. We are committed to helping you if you or someone you know is unable to engage in responsible play.
Any user who has a concern about his or her ability to responsibly manage their use of the Services, as well as qualified third parties who have similar concerns, may to request a limitation on that user’s use of Starting 11 or Account by emailing firstname.lastname@example.org. When such a request is made, Starting 11 will exclude a user from using the Services, impose limitations on the user’s Account, and direct a user to resources designed to assist the user in encouraging responsible play and healthy behavior.
17. No Affiliation
Starting 11 is not affiliated with or sponsored by any of the real-life soccer leagues related to the Contests for which Starting 11 offers play. In addition, Starting 11 is not affiliated with Apple and Apple is not in any way involved in Starting 11's contests.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Starting 11, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Starting 11 may, in its sole and absolute discretion, require an Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
19. Disclaimer of Warranties
THE MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE MOBILE APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE MOBILE APPLICATION; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE MOBILE APPLICATION; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE MOBILE APPLICATION ; (D) THE MESSAGES AND INFORMATION SENT FROM THE MOBILE APPLICATION BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE MOBILE APPLICATION OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MOBILE APPLICATION OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE MOBILE APPLICATION, ANY OF THE MOBILE APPLICATION’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE MOBILE APPLICATIONS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STARTING 11 DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE MOBILE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, STARTING 11 SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE MOBILE APPLICATION, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE MOBILE APPLICATION OR THE CONTENT. FURTHER, STARTING 11 AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
STARTING 11, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE MOBILE APPLICATION INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
20. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT STARTING 11 LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE MOBILE APPLICATION AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE MOBILE APPLICATION , THE SERVICES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE MOBILE APPLICATION, THE SERVICES, OR THE CONTENT; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE MOBILE APPLICATION, THE SERVICES, OR THE CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE MOBILE APPLICATION 'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE MOBILE APPLICATION ). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS MOBILE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE MOBILE APPLICATION OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE MOBILE APPLICATION OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY MOBILE APPLICATION OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY MOBILE APPLICATION OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE MOBILE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
21. Dispute Resolution
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Mobile Application (including all commercial transactions conducted through the Mobile Application) (the "Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then-governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Starting 11 waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Hennepin County, Minnesota, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Minnesota, provided that:
The arbitrator shall not have authority to award punitive damages; and any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Starting 11 agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Hennepin County, Minnesota (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Starting 11 waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt-out of these provisions by mailing written notification to Starting 11 LLC, 4654 Upton Ave. S., Minneapolis, MN 55410. Your written notification must include (i) your name and address and (ii) a clear statement that you do not wish to resolve disputes with Starting 11 through binding arbitration. Your decision to opt-out of these provisions will have no adverse effect on your relationship with Starting 11. If you opt-out of these provisions, Starting 11 also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your dispute through binding arbitration, subject to the terms of this Agreement.
By participating in any Contest on the Mobile Application, you agree to indemnify, protect, defend and hold harmless Starting 11, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "S11 Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses arising from or connected with your use of the Mobile Application, any payment methods used, any funding of your Account, and/or your participation in any Contest.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Starting 11 or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the Starting 11 Mobile Application shall not be responsible or liable for the Starting 11 Mobile Application or any of the content, software, or functions made available on, or accessed through, or sent from, the Starting 11 Mobile Application.
Starting 11 also reserves the right, in its sole discretion, to add, alter or terminate the Mobile Application, Services, or Content, without limitation at any time and without prior notice.
As required by California Code Section 1789.3, this notice is to advise you that (i) the Mobile Application is provided by to Starting 11 LLC, 4654 Upton Ave. S., Minneapolis, MN 55410., and that (ii) a fee may be charged for certain Contests offered. Starting 11 reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to you. If you have a complaint regarding the Mobile Application or desire further information on use of the Mobile Application, please contact email@example.com.
STARTING 11 AND OTHER TRADEMARKS CONTAINED ON THE MOBILE APPLICATION ARE TRADEMARKS OR REGISTERED TRADEMARKS OF STARTING 11 IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE MOBILE APPLICATION.