As used herein, the following terms shall have the following meanings:
If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to become a RotoDerby Client, use the RotoDerby Services, and/or the Site in any manner or form whatsoever.
RotoDerby FANTASY DERBIES ARE INTENDED FOR PLAY IN THE DISTRICT OF COLUMBIA, THE UNITED STATES, AND CANADA AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE UNITED STATES. RESIDENTS OF THE FOLLOWING STATES (“Inadmissible States”); ARIZONA, ILLINOIS, INDIANA, IOWA, LOUISIANA, MONTANA, PUERTO RICO, VIRGINIA, AND WASHINGTON STATE; AND RESIDENTS OF THE PROVINCES OF PRINCE EDWARD ISLAND AND QUEBEC, CANADA MAY ONLY PARTICIPATE IN FREE DERBIES AND SHALL NOT BE ELIGIBLE TO WIN ANY CASH PRIZES, REWARD POINTS OR BONUSES/PROMOTIONS.
In order to participate in RotoDerby Derbies on the Site, you must first register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself (the “User”) 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, false, not current/incomplete, or RotoDerby has reasonable grounds to suspect that such information is inaccurate, false, not current or incomplete, RotoDerby may deny you access to the site, at its sole discretion.
Registration can be completed by following the on-screen directions to completely fill out the entry form with your entry information. This information is mandatory if you wish to be considered for a derby prize at the end of a RotoDerby Derby. A RotoDerby User who has not provided valid registration information will automatically be deemed ineligible and will not be considered for a prize.
Please note that RotoDerby Users are affiliated by the unique RotoDerby Login ID which was created upon registration, and may not be transferred to another RotoDerby User, Login ID, or played by another person. Also, you may not share an account with another person or allow another user to play under your RotoDerby Login ID. RotoDerby may require you to change your user name or Login ID in cases where the name is offensive or promotes a commercial venture. The requirement to change will be determined by RotoDerby at its sole discretion. If requests to change a user name or Login ID are ignored, RotoDerby may change a user’s name or Login ID.
As a result of your registration to RotoDerby, you may receive certain commercial communications and confirmations from SSE. It is your right to understand that these communications are process points of your registration, and that you may opt out of receiving commercial communications at any time by either using the unsubscribe functionality or sending an email to: Info@RotoDerby.com.
In order to properly register for a RotoDerby online account, and receive account access, you must provide a valid email address and supply a Login ID and Password to be used in conjunction with your RotoDerby account. Many portions of the Site require registration for access (the "Restricted Areas"), these portions include; the MyDerbies Page, MyStandings Page, etc. You are responsible for maintaining the confidentiality of your Login ID and Password, and are fully responsible for all uses of your Login ID and Password, whether by you or others. You agree to (a) keep your Login ID and Password confidential and not share your Login ID and Password with anyone else; (b) immediately notify RotoDerby of any unauthorized use of your Login ID and Password or account or any other breach of security; and (c) use only your Login ID and Password to access the Site's Restricted Areas. RotoDerby 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 RotoDerby is authorized to act on instructions received through use of your Login ID and Password, and that RotoDerby may, but is not obligated to, deny access or block any transaction made through use of your Login ID and Password without prior notice if we believe your Login ID and Password are being used by someone other than you, or for any other reason.
Users can deposit funds into the User’s RotoDerby account by Credit Card, PayPal or echecks. If your card issuing bank does not allow deposits into gaming sites, setting up a PayPal account is quick, easy, and free. Entering credit card information is quick and easy, simply follow the instructions through the RotoDerby check-out process.
Users are limited to three (3) PayPal withdrawal requests over any 7 day period. Any attempts after the second attempt will be automatically blocked, or can be submitted and delayed until eligible date at the user's request. There is no limit for funds withdrawal requested via echeck.
RotoDerby is not responsible for lost or stolen withdrawal checks. Any checks that are returned for incorrect address will be re-sent free of charge. Users may request replacement checks for lost or stolen withdrawal checks by paying a stop payment fee of $39.00. Checks that have been cleared or deposited will not be eligible for replacement.
By registering as a User on the Site, agreeing to this Agreement, and receiving approval from RotoDerby, you will be granted a RotoDerby account. A RotoDerby account will enable you to utilize the Site’s products, services and other features including, but not limited to: (a) News Feeds and viewable content; (b) interactive features such as live chats, forums, and blog spots designed to foster interaction between you and other RotoDerby Users; and (c) our collection of Seasonal and Monthly fantasy, team-based Derbies involving players from professional Baseball, Basketball, Football, Soccer, and Hockey (collectively, “RotoDerby Derbies”). The RotoDerby Derbies can either be played for a service fee, with an opportunity to win cash prizes (“Pay Derbies”) or for no service fee (“Free Derbies”). It is up to the discretion of RotoDerby, on occasion offer an opportunity to win cash prizes, in the Free Derbies. RotoDerby reserves the right to prohibit any conduct by Members or to remove any materials or Content posted by Members to the Interactive Services or other areas of the Site that RotoDerby deems, in its sole and absolute discretion, to be in violation of the Agreement or which RotoDerby believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose RotoDerby to harm, damage to reputation or liability.
Entry: Periodically, RotoDerby will make RotoDerby Derbies available to Users. The RotoDerby Derbies shall vary in duration, lasting either (1) a sport season, (2) monthly, or (3) on a periodic basis as determined by RotoDerby (“Derby Duration”), as predetermined and set forth in the rules that apply to the applicable RotoDerby Derby (each, “Derby Rules”). In connection with RotoDerby Derbies, Users can elect to create one TEAM, or multiple TEAMS in the RotoDerby SERVICE-FEE or Free Derby leagues. Users must pay the applicable SERVICE-FEE in advance of the commencement for the RotoDerby Derbies associated with a SERVICE-FEE prior to RotoDerby Derby START-TIME. The SERVICE-FEE will be predetermined and set forth in the applicable RotoDerby Derby Rules. In connection with Free Derbies, Users must register for the RotoDerby Derby before the applicable RotoDerby Derbies START-TIME. Each SERVICE-FEE based RotoDerby Derby shall have a limited number of TEAMS which is predetermined by the RotoDerby Staff and will be accepted on a first come, first serve basis. Users in a Free RotoDerby Derby will be limited to three (3) TEAMS to participate in the Free RotoDerby Derby, and TEAMS are accepted on a first come, first serve basis. SERVICE-FEE based RotoDerby Derbies that do not attract the requisite number of TEAMS will be cancelled prior to commencement, and any service fees shall be refunded.
RotoDerby IS NOT RESPONSIBLE FOR ATTEMPTED RotoDerby DERBY REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED RotoDerby Derby. IF YOU FAIL TO ENTER A RotoDerby DERBY INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT RotoDerby DERBY ONCE IT HAS STARTED OR WHEN REGISTRATION HAS CLOSED.
RotoDerby, in its sole discretion, may disqualify any entrant from the service, refuse to grant prizes and require the return of any prizes, if User engages in conduct RotoDerby deems to be improper, unfair or otherwise adverse to the operation of RotoDerby Derbies or Services or is in any way detrimental to other Users. Improper conduct includes, but is not limited to: falsifying personal information required to use the service or claim a prize, violating any of the terms of this agreement, accumulating points or prizes through unauthorized methods such as automated scripts or other programmatic means, tampering with the administration of RotoDerby Derbies or Services, trying or attempts to in any way tamper with the computer programs associated with the RotoDerby Derbies or Services, obtaining other Users information, spamming other Users; and/or abusing the RotoDerby website or its Users in any way. User further acknowledges that the forfeiture and/or return of any prize shall in no way prevent the services provided by RotoDerby from pursuing criminal or civil proceedings in connection with such conduct. Further the RotoDerby Service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
RotoDerby Fantasy Derbies are a game of skill. By combining the Users skill and knowledge of the particular Professional sport, complexities of the games, as well as intricacies of the statistics which are accumulated, Users can formulate strategies to create TEAMS and compete, and potentially win in RotoDerby Fantasy Derbies. A winning Derby team is determined by the criteria stated in each Derby rules. For each RotoDerby Derby, winners are determined by the Users who use their skill and knowledge of the relevant professional sports information and RotoDerby fantasy sports rules to create TEAMS which accumulate the most fantasy points. Fantasy points are accumulated or deducted through the performance of individual athletes across multiple events in a professional sports setting for the duration of the RotoDerby Derby.
Each RotoDerby SERVICE-FEE based Derby has a SERVICE-FEE listed in US dollars. When the User opts to participate in a RotoDerby SERVICE-FEE based Derby, the SERVICE-FEE will first be debited from your RotoDerby account or shall be paid in full by the User through eligible means such as credit card, Paypal, bank transfers, or echecks on the check-out portion of the Site. In the event of a dispute regarding the identity of the client submitting an entry, the entry will be deemed submitted by the User in whose Login ID the entry was submitted, or if possession of the Login ID itself is contested, the name in which the email address on file was registered with the email service provider.
RotoDerby offers Fantasy Derbies for multiple professional sports events taking place on a Seasonal or Monthly basis.
Guaranteed Prize Derby (“GPD”) Derbies have a set prize pool and a minimum and maximum amount of TEAMS. The maximum team amount is based on the number of paid teams, not including any RotoDerby promotional or Free teams granted. The GPD is not guaranteed until the minimum number of TEAMS is met as stated per the RotoDerby SERVICE-FEE based Derby details and or rules. Once the minimum number of TEAMS is met the prize pool will be guaranteed for a GPD Derby. RotoDerby SERVICE-FEE based Derbies do not have to fill to maximum capacity to commence. If you are entered into a GPD, all RotoDerby SERVICE-FEES must be paid one hour prior to DERBY DEADLINE to qualify for entry. Any delays in completing or payment of SERVICE-FEES prior to DERBY DEADLINE may result in disqualification of the TEAM for the GPD.
After each Derby ends, prizes are awarded by RotoDerby into the User’s RotoDerby account within one (1) to three (3) business days. In the event of a tie, please refer to Derby Rules.
Prizes Pools are pre-determined in advance of all RotoDerby Fantasy Derbies regardless of number of Derby teams. Furthermore, Prize Pools are comprised of both the cash and credit (i.e. free teams) value giveaways combined in total. Prize payouts are based on the results at the time when final scoring is tabulated by RotoDerby at the completion of a Fantasy Derby. Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the Statistics service (“Stats LLC”).
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 User. In the event that the awarding of any prizes to winners of the Derby are challenged by any legal authority, RotoDerby reserves the right in its sole discretion, to determine whether or not to award such prizes. Prizes awarded in excess of $600, on a yearly basis will require the User to submit their Social Security number to RotoDerby in order to withdraw their prize from their RotoDerby account. This action is necessary for RotoDerby to comply with all Local, State, and Federal government regulations as well as notification to the Internal Revenue Service.
Derby winners are generally notified after the conclusion of each Fantasy Derby within 1 to 3 days. Derby winners are generally posted on the RotoDerby website after the conclusion of each Fantasy Derby by 10 AM ET on the following day. Winners may be requested by RotoDerby to return via email, regular mail, or electronic website submission an affidavit of eligibility and appropriate tax forms(i.e. w9 form) and/or submit Taxation information through the RotoDerby account services. Failure to comply with this and any notification or requirement can result in disqualification in the awarding of the cash prize, or any prize to the User. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winning TEAM names for each RotoDerby Fantasy Derby may be obtained by submitting a request for such information to the following email address: Info@RotoDerby.com
In January of each calendar year, or after each SERVICE-FEE based RotoDerby Fantasy Derby concludes, all winners who have won $600 or more over the previous year will be contacted to provide address and social security information and a W9 form per Internal Revenue Service rules. The User’s Social Security information will strictly be used to file a 1099-MISC with the Internal Revenue Service.
RotoDerby will frequently offer promotions, which can lead to a bonus position for both an existing and/or a new User in an effort to bring new Users to our site. A bonus will be initiated in a pending state until all User information is verified and the RotoDerby Fantasy Derby begins in which the new User has been enrolled. When all verification has occurred and bonus eligibility has been determined and granted, the bonus will be converted into a User’s RotoDerby account. Unless otherwise stated, any unconverted pending bonus remaining in a User’s account 45 days after it has been initially credited can be removed by RotoDerby. For additional information on current RotoDerby Promotion programs, and Recruiting opportunities please visit RotoDerby Rules.
Additionally, RotoDerby may offer “Buy One Get One” (BOGO) free offers to new, and in some cases existing Users. Depending on the User status (new or existing), the User will get 1 equivalent “fee” based free team for every team they purchase. No refunds allowed under this promotion. The User must add a minimum of 2 teams to their shopping cart, upon successfully adding the minimum number of teams the shopping cart will automatically adjust the User’s balance to reflect the free team. No refunds allowed under this promotion.
Example: If user purchased two (2) teams in the amount of $99 each for a total of $198, the cart will subtract the second team and reflect the cost of just one (1) team for a total of $99.
The same principles apply to a Buy 2 get 1 free offer, but the minimum number of teams required in the cart would be 3.
RotoDerby reserves the right to not count Free teams as a result of our BOGO promotions towards the Max team limit.
Example: If 300 free teams were awarded in a RotoDerby promotion, and 1000 teams were paid, the total number of teams in the contest will be 1300. The “Player/Max” Counter for Team entries will reflect 1300/1000.
Additionally, RotoDerby may offer “Buy X Teams Get One” free type offers to new, and in some cases existing Users. Depending on the User status (new or existing), the User will get 1 “fee” based free team for every X teams they purchase. The user will get the lower cost team of the teams purchased for free. No refunds allowed under this promotion.
Example: RotoDerby offers “Buy 2 teams get 1 free”. If user selects three teams as follows, two (2) teams in the amount of $49 and one (1) in the amount of $29, the user will receive a single credit at checkout in the amount of $29, which must be redeemed in the same purchase transaction.
Example: RotoDerby offers “Buy 2 teams get 1 free”. If user selects all three (3) teams in the amount of $49, then user will receive a single credit at checkout in the amount of $49, which must be redeemed in the same purchase transaction.
Promotions which involve free teams, or “Buy X teams, Get One” offers are only to be redeemed for Users which have purchased RotoDerby teams, and cannot be shared with family, friends, etc. If these codes are used, and the User has not purchased a team, then the free team will be removed and the User account can be closed.
Once a RotoDerby Fantasy Derby has initiated and the scoring period has begun, a link to that Derby Scoreboard can be found under the Active Derby section on the Site homepage, or under MyRotoDerby. This will allow the User to follow the RotoDerby Fantasy Derby scoring and scoreboard leaders while the Derby is in progress.
For additional information on RotoDerby Fantasy Derby scoring, statistics, and Tie-breakers can be found at RotoDerby Rules.
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by RotoDerby. By way of example, and not as a limitation, you agree not to:
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 RotoDerby, 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 RotoDerby be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that RotoDerby may or may not pre-screen User Content, but that RotoDerby 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, RotoDerby and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable in RotoDerby sole discretion. The User understands that by using the Site, the User may be exposed to Content that the User may consider to be offensive or objectionable. The User agrees that the User must evaluate, and bear all risks associated with, the use or disclosure of any Content. The User further acknowledges and agrees that the User bears 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 RotoDerby 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.
The User is solely responsible for all your interactions with other Users of the Site. RotoDerby reserves the right, but has no obligation, to monitor disputes between RotoDerby Users.
You can apply to cancel or leave a Fantasy Derby using the “remove” button until the BLACKOUT period initiates and any service-fee dollars will be refunded to the User’s RotoDerby account. Cancellations after the BLACKOUT period will not be allowed and therefore any SERVICE-FEE dollars will not be refunded.
By using the RotoDerby service, participating in RotoDerby Fantasy Derbies, accepting prizes (both cash and non-cash), all Users agree to release and to hold harmless RotoDerby, SilverSports Entertainment, LLC., and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders, investors 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.
The User expressly understands and agrees that your use of the Site is at your sole risk. The service, content, and site are provided on an "as is" and as available 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. The User acknowledges that RotoDerby has no control over, and no duty to take any action regarding: User selection or Users which gain access (except to those Users which fail to abide by this Agreement) to the Site or use the Site; what effects the Content may have on the User; how you may interpret or use the Content; or what actions the User may take as a result of having been exposed to the Content. The User releases RotoDerby from all liability in which the User has acquired or not acquired Content through the Site. The Site may contain, or direct the User to sites containing, information that some Users may find offensive or inappropriate. RotoDerby makes no representations concerning any content contained in or accessed through the Site, and RotoDerby will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
YOU UNDERSTAND AND AGREE THAT RotoDerby SHALL NOT BE LIABLE TO YOU, YOUR HEIRS, OR YOUR ASSIGNEE’S, 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 RotoDerby HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, 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, RotoDerby 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 RotoDerby FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY SERVICE FEES FOR DERBIES 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.
All title, ownership, and intellectual property rights in, and to the Site, are owned by RotoDerby, SilverSports Entertainment LLC., or its licensors. The User acknowledges, and agrees, that the Site contains Intellectual Property, Designs, and Proprietary information, that is protected by applicable intellectual property laws and laws against replication, modification, and misuse. Except as expressly authorized by RotoDerby, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because RotoDerby has no control over such sites and resources, you acknowledge and agree that RotoDerby is not responsible for the use and 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 RotoDerby 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.
In the event of a breach of this Agreement by the User, RotoDerby may terminate or suspend access to the Site and any and all services and your RotoDerby account immediately, without prior notice or liability. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your RotoDerby account, you may simply discontinue using the Site or contact us, through email at the following email address: Support@RotoDerby.com with a note to say you wish to terminate your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms, or this Agreement.
RotoDerby may, in appropriate circumstances or at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property of others. If you, the User, believe that your Intellectual Property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RotoDerby Copyright Agent a Notice containing the following information:
RotoDerby Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be sent to the following email: Email: Info@RotoDerby.com
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 (800.664.2856) or via email at the following address: Support@RotoDerby.com
In order to address any concerns the User may have regarding the Site. Our Customer Service Department is able to resolve most concerns quickly to our Users’ satisfaction. RotoDerby 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 60 days from the time informal dispute resolution commences under the Initial Dispute Resolution provision of this Agreement, 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 (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of 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 in a court of competent jurisdiction, RotoDerby will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, RotoDerby will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $20,000. 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.
If you are a resident of the United States, arbitration will take place in the city of Bridgeport, Connecticut. For residents in Canada, arbitration shall be initiated in the County of Fairfield, State of Connecticut, United States of America, and you and RotoDerby agree to submit to the personal jurisdiction of any federal or state court in Fairfield County, Connecticut, 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 ROTODERBY 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.
60-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: Silver Sports Entertainment, LLC, PO Box 110475 Trumbull, CT 06611. The notice must be sent within 60 days of March 1, 2014 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, RotoDerby also will not be bound by them.
Changes to this Section: RotoDerby 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 RotoDerby agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Bridgeport, Connecticut. 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 RotoDerby shall be governed by the laws of the State of Connecticut without regard to conflict of law provisions.
These Terms constitute the entire agreement between you and RotoDerby with respect to the Site and supersedes any prior agreements, oral or written, between you and RotoDerby.
The failure of RotoDerby 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.
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.
The section titles in the Terms are for convenience only and have no legal or contractual effect.