ELEAGUE TERMS OF USE

Welcome to ELEAGUE!

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

This site is controlled and operated by Turner Sports Interactive, Inc., a (“TSI”) at 1050 Techwood Drive, Atlanta, GA 30318. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by TSI, its parent or its affiliates, or by other parties that have licensed their material to TSI. You may use material from this site and other sites controlled by TSI only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.

1. USE OF THE SITE

Because we respect the rights of children and parents, you may use the Site only if you can form a binding contract with TSI, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulation. The Site is provided for your personal, noncommercial use only. You may not use the Site for any commercial purposes.

2. COPYRIGHTS AND COPYRIGHT AGENTS

TSI respects the rights of all copyright holders and in this regard, TSI has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TSI's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:

Turner Sports Copyright Agent
Turner Sports Interactive, Inc.
1050 Techwood Drive, NW
ATTN: Legal Dept.
Atlanta, GA 30318-5604
Phone: 1-844-356-7875
Email: 
TSIcopyrightagent@turner.com

3. PRIVACY

TSI respects the privacy of the visitors to this site. To see this site's Privacy Policy, please click here

4. LINKED SITES

This site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of TSI are operated subject to their own terms of use. TSI is not responsible for the content of any Linked Site that is not affiliated with TSI. The links to these sites are for your convenience only, and you access them at your own risk.

TSI welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by TSI, its affiliates, or any group or individual affiliated with TSI. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.

5. USER GENERATED CONTENT

Certain areas of the Site may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content ("User Generated Content"), some of which may be accessible to the public. You agree that you will not submit or otherwise publish through our Site any User Generated Content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, threatening, otherwise offensive, or that harms or threatens to harm any person or entity, whether or not such material is protect by law; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

By submitting User Generated Content to the Site you grant TSI and its parent, subsidiaries, or affiliates a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on television and on third-party sites and social media platforms), for any purpose including, without limitation, trade, advertising, promotional, and commercial purposes, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these Terms of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated hereunder. Without limiting the other terms set out in these Terms of Use, you agree to indemnify TSI and its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that we expressly authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

TSI is not responsible for any User Generated Content or user communications published or transmitted by users of the Site. TSI reserves the right to edit or delete User Generated Content or user communications published or transmitted by users of the Site at any time and for any reason without any prior notice, but does not assume any obligation to do so.

6. UNSOLICITED CREATIVE SUBMISSIONS/COMMUNICATIONS

TSI does not accept or consider creative ideas, suggestions or materials other than those TSI has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TSI or its agents might seem to others to be similar to their own creative ideas, suggestions, or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts, or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Submitted Material"), the Submitted Material shall be deemed and shall remain the property of TSI. None of the Submitted Material shall be subject to any obligation of confidence on the part of TSI and TSI shall not be liable for any use or disclosure of any Information. TSI shall exclusively own any now known or hereafter existing rights to the Submitted Material of every kind and nature throughout the universe and TSI and its parent, subsidiaries, or affiliates shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Material.

7. INDEMNITY

You agree to defend, indemnify and hold harmless TSI, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and cost) arising from: (a) your use of and access to the Site; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including, without limitation, any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule, or regulation; (e) any claim or damages that arise as a result of any of your User Generated Content.

8. DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TSI, INCLUDING ITS PARENT, AFFILIATES AND SUBSIDIARES, AND ITS LICENSOR, LICENSEES AND OTHER BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RELEASED PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RELEASED PARTIES PLATFORMS (SUCH AS THE SITE) OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RELEASED PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE RELEASED PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES.

THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF TSI OR THE OTHER RELEASED PARTIES, AND THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NONE OF THE RELEASED PARTIES ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.

9. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASED PARTY, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE EXTENT PERMITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 11 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED

10. GOVERNING LAW AND VENUE

The Materials and all other content and features on the Sites are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 11 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.

11. DISPUTE RESOLUTION

Summary:

Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact ELEAGUE Customer Support by email to info@eleague.com. In the unlikely event that you're not satisfied with customer service's solution (or if TSI has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.

ARBITRATION AGREEMENT

(1) Claims Subject to Arbitration: TSI and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims for mental or emotional distress or injury not arising out of physical bodily injury;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to “TSI,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to TSI should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 CNN Center, Atlanta, GA 30303 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).

If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.

(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.

(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.

(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:

  • pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).

If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.

The right to the attorney premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys’ fees or costs. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.

(6) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.

(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

12. U.S. EXPORT CONTROLS

Software from the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. TEXT MESSAGE CAMPAIGNS & TEXTING POLICY

 

These SMS Text Terms govern the provision and delivery of text messages by TSI to you.

 

(1) Your Electronic Agreement To Receive Text Messages.  By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from a TSI text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.

 

(2)  What Rules Apply?  When you sign up to receive text messages in connection with any TSI text message program, you are agreeing to both these SMS Text Terms and TSI's Terms of Use, which are incorporated by reference herein.  Importantly, TSI's Terms of Use include important dispute provisions which: require, among other things, and as more specifically set forth in those terms, that disputes between you and us are subject to arbitration (subject to several exceptions which are expressly set forth in the Terms of Service); and eliminate your right to bring a class action lawsuit concerning, among other things, the provision of text messages.

 

(3)  What Are the TSI Text Message Programs?  TSI text message programs are programs offered from time to time that involve the sending of text messages to users who expressly agree to receive such messages.

 

(4)  Does It Cost Anything to Receive The Texts?  We will not charge you to create or deliver the text messages that are part of any TSI text message program; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Thus, your provider's standard message and data rates may apply. Your consent to receive texts from us is not in any way required as a condition of purchasing property, goods or services from us.

 

(5) Who Can Receive Texts?  By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent, legal guardian or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these SMS Text Terms and TSI's Terms of Use, which both form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

 

(6) What If I Don’t Want To Receive Any More Texts From A TSI Text Message Program? To stop receiving text messages from a specific TSI text message program, simply text STOP to the short code provided in the TSI text message program texts that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text. If you have signed up for more than one TSI text message program you will need to text STOP to the short code provided in the texts for each text message program from which you wish to no longer receive texts.

 

(7) What If I Want More Info?  To request more info, simply text HELP to the short code provided in the texts related the TSI text message program you have questions about.

 

(8) How Many Texts Will I Receive?  The number of texts you receive from a TSI text message program may vary significantly, depending in part on the specific text message program you sign up for. However, at this time, TSI does not anticipate sending you more than 100 TSI texts per month per TSI text message program.

 

(9) Who Are The Participating Carriers? Content is not available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. TSI will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.

 

(10) How Are The Text Messages Sent?  By signing up for texts, you also agree to TSI's Privacy Policy, which is incorporated by reference herein.

 

(11) Will These Terms Change? We reserve the right to modify these SMS Text Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your receipt of texts after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

14. INJUNCTIVE RELIEF

You acknowledge and agree that any violation of these Terms of Use relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the Site and/or its associated services and/or offerings may result in irreparable injury and damage to TSI that may not be adequately compensable in money damages, and for which TSI will have no adequate remedy at law. You, therefore, consent and agree that TSI may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Use. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.

15. MISCELLANEOUS

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and TSI. TSI, in its sole discretion, may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. Except as specified in Section 11 (Dispute Resolution), if any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms of Use were updated on December 23, 2019.