TERMS OF USE AGREEMENT

 

ACCEPTANCE OF TERMS

Welcome to Sports Kings LTD The web pages available at www.sportskingsltd.com (“Website”), are owned and operated by Sports Kings LTD, LLC (“Sports Kings”), and are accessed by you pursuant to these Terms of Use (hereinafter the “Agreement”). This Website is not a gambling site, and does not accept or place wagers of any type. Sports Kings does not endorse or encourage illegal gambling and provides all information available through the Website for entertainment purposes only. Any use of this information in violation of federal, state, provincial or local laws is strictly prohibited.

Please read this Agreement carefully before using the Website. By accessing or using any part of this Website, or any content or services on this Website, you agree to be bound by this Agreement. You also acknowledge and agree that any dispute arising under this Agreement is subject to mandatory arbitration pursuant to the Federal Arbitration Act, and includes a class action waiver, as set forth in Section 20 below. If you do not agree to all of the terms in this Agreement, then you may not access, or use the content or services offered on, this Website.

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DESCRIPTION OF SERVICE

Sports Kings provides services and content relating to the world of sports, as described more fully on the Website (the “Service”). The Service includes any service Sports Kings performs for you, as well as any materials displayed on the Website or through the Service, such as text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively “Content”). Sports Kings may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Sports Kings may restrict functionality, or your access to parts or all, of the Service, without notice or liability.

 

ELIGIBILITY AND USE OF THE SERVICE

You may only use the Service if you are at least eighteen (18) years of age, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. Any registration, use or access to the Service by anyone under eighteen (18) years of age is a violation of this Agreement and is strictly prohibited. If you are not at least eighteen (18) years of age, you are not authorized to register for or use the Service. The Service is provided for personal, noncommercial use only. You may not use the Service for commercial purposes.

The Website, Service and Content are made available only for lawful entertainment purposes, as described in this Agreement, and are subject to all applicable laws. The Website, Service and Content may not be used in connection with, or to facilitate or promote, unlawful conduct or gambling activity. If you are aware, or have reason to believe, that a Sports Kings user is using the Website, Service or Content to facilitate, promote or engage in unlawful conduct or gambling activity, you shall notify Sports Kings immediately by contacting Sportskings277@gmail.com. Sports Kings reserves the right to notify the appropriate authorities of such conduct and to pursue all available legal remedies against such persons. By failing to timely notify Sports Kings, you may be implicated in a crime and subject to liability.

 

REGISTRATION

You must register an account and purchase a plan in order to use the Service. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Sports Kings password, and you are solely responsible for the activity that occurs on your account, whether or not undertaken by you. You must notify Sports Kings immediately of any breach of security or unauthorized use of your account. Although Sports Kings will not be liable for any losses you may incur due to the unauthorized use of your account, you shall be liable for any and all losses that Sports Kings may incur due to such unauthorized use.

By registering your account, you consent to Sports Kings using your email address on file to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also authorize Sports Kings to email you other messages to notify you of changes to the features of the Service and special offers. You may opt out or change the frequency of certain Service-related communications and messages by sending an email message to Sportskings277@gmail.com, with the word “No email” in the subject field. You acknowledge that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

SUBSCRIPTION SERVICE PLANS; NO REFUNDS.

You must select and purchase a subscription plan in order to use the Service. Sports Kings offers NFL and MLB subscription plans.

You understand that, when you select a Subscription and enter your payment information (“Service Order”), the cost of the Subscription will be billed to your debit or credit card immediately, and thereafter on a periodic recurring basis (i.e. weekly, monthly or seasonally), and all payments will be processed through sportskingsltd.com’s merchant account. You understand that there are NO REFUNDS under any circumstances, but that you may avoid future charges by canceling your Subscription at least seventy-two hours before the automatic renewal date, as described in detail in Section 6 below.

By selecting a Subscription and entering your payment information, you authorize the charges to your debit or credit card for the price of the Subscription. You also represent and warrant that the name and personal information provided by you in connection with the transaction is true and accurate; and, by completing the purchase, you affirm the validity of the transaction.

Your Subscription will become active when your Service Order is paid in full in the amount corresponding to the selected Subscription. Sports Kings shall have no obligation to provide the Service until the Service Order for your Subscription is paid in full.

All payments to Sports Kings will be made in US Dollars. Your credit card issuer may provide Sports Kings (or its third party payment service provider) with updated information for your credit card account from time to time. Such update information is disseminated at the sole election of the credit card issuer, and neither Sports Kings nor any third party payment service provider of Sports Kings has any responsibility in regard to your credit card issuer’s decision to disseminate such information. Your credit card issuer may give you the right to opt out of the update service; however, it is your responsibility to contact your credit card issuer regarding any such opt-out rights. You acknowledge and agree that Sports Kings shall not have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of its legitimate attempts to charge, and/or place holds on, your credit card for amounts owed by you in connection with your Subscription.

Sports Kings has a strict NO REFUNDS policy. You understand that past performance does not indicate future performance, and you acknowledge and agree that you will not be entitled to any refund under any circumstances. By making payment, you agree to these terms.

 

IMPORTANT NOTICE REGARDING RECURRING PAYMENT PLAN: AUTOMATIC RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE. SPORTS KINGS WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE ANNIVERSARY DATE OF THE PERIODIC TERM CORRESPONDING TO THE SUBSCRIPTION SELECTED BY YOU AT THE TIME YOU PLACE YOUR SERVICE ORDER (THE “AUTOMATIC RENEWAL DATE”), AS AUTHORIZED BY YOU BY CHECKING THE BOX DEMONSTRATING YOUR CONSENT FOR AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION DURING THE SIGN-UP PROCESS. ON THE AUTOMATIC RENEWAL DATE, YOUR CREDIT CARD ON FILE (I.E. THE SAME CREDIT CARD YOU USED TO PAY FOR THE ORIGINAL SUBSCRIPTION) WILL BE CHARGED THE THEN CURRENT RATE FOR THE SAME SUBSCRIPTION SELECTED BY YOU IN CONNECTION WITH YOUR ORIGINAL SERVICE ORDER.

IF YOU WOULD LIKE TO OPT OUT OF THE RECURRING PAYMENT PLAN AND AVOID AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION, SIMPLY EMAIL US AT LEAST 72 HOURS PRIOR TO THE AUTOMATIC RENEWAL DATE BY (1) SENDING AN EMAIL TO SPORTSKINGS277@GMAIL.COM FROM THE EMAIL ACCOUNT YOU USE TO REGISTER YOUR SPORTS KINGS ACCOUNT AND INCLUDE THE PHRASE “CANCEL MY RECURRING PAYMENT PLAN” IN THE SUBJECT LINE.

UPON PAYMENT OF YOUR SERVICE ORDER, SPORTS KINGS WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL. SPORTS KINGS WILL ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER, AND PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURRING PAYMENT PLAN, VIA EMAIL AT LEAST 5 DAYS BEFORE THE AUTO RENEWAL DATE FOR ONE WEEK AND ONE MONTH PLANS, AND BETWEEN 30 AND 45 DAYS BEFORE THE AUTO RENEWAL DATE FOR FULL SEASON PLANS.

 

MODIFICATION

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Sports Kings reserves the right, in its sole discretion, to modify or replace the terms of this Agreement at any time; provided, however, that any such modified or amended Agreement will become effective only upon Sports Kings posting it to the Website with a “Last Update” banner reflecting the date of its publication to the Website. You acknowledge and agree that you are responsible for reviewing and becoming familiar with any modification or amendment of this Agreement. Any use of the Website, or of the services offered through the Website, by you following the publication of the modified or amended Agreement to the Website shall constitute your acceptance of the Agreement as modified or amended.

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USER CONDUCT

 

You agree that you shall not use the Service for any purpose that is unlawful or prohibited by this Agreement. By way of example, and without limitation, you agree not to use the Service:

• To abuse, harass, threaten, impersonate, or intimidate other users of the Website or Service.

• To contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party.

• For any illegal or unauthorized purpose, including the promotion of unlawful sports gambling.

• To 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 other user of the Website or Service.

• To create or submit unwanted email or other messages (“Spam”) to any other user of the Website or Service.

• To violate any law in your jurisdiction (including but not limited to copyright laws).

• With the exception of accessing RSS feeds, you will not, without the prior express written permission of Sports Kings, use any robot, spider, scraper or other automated means to access the Website for any purpose or in any manner that may cause a denial of service event.

 

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on infrastructure, as determined by Sports Kings in its sole discretion; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures Sports Kings may use to prevent or restrict access to this Website; or (iv) take any other action to artificially alter the results of the Service.

Sports Kings may remove any Content or deactivate any Sports Kings account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report abuse, please email: Sportskings277@gmail.com.

 

LIMITED LICENSE

 

Subject to this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Sports Kings reserves all rights not expressly granted herein in the Service and the Content. Sports Kings may terminate this license at any time for any reason or no reason.

 

INTELLECTUAL PROPERTY RIGHTS

 

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of Sports Kings and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. “Sports Kings” and other Sports Kings graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Sports Kings in the United States and/or other countries. Sports Kings’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Content or materials appearing on the Website or obtained through the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

DMCA

 

Sports Kings requires that users of the Website respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), Sports Kings will terminate, where warranted as determined in Sports Kings’s sole discretion, users whom Sports Kings believes are intentional and/or repeat infringers.

If you believe that your copyright in any material has been infringed on the Website, please send a notice (“DMCA Notice”) described below to Sports Kings’s DMCA agent. To be effective, federal law requires your DMCA Notice to include the following information:

• Identification of the copyrighted work that you claim has been infringed.

• Identification of the material that you claim is infringing, with sufficient detail so that Sports Kings may readily locate it.

• Information sufficient to permit Sports Kings to contact you, such as your name, address, telephone number, and e-mail address.

• A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement made under penalty of perjury that the foregoing information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed, or are authorized to act on behalf of that owner.

• The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

 

The DMCA Notice must be submitted to Sports Kings’s DMCA agent at the following address:

Sports Kings LTD, LLC

Attn: Sports Kings, DMCA Agent

2838 Cross Haven Dr, Henderson, NV 89074, USA

Email: Sportskings277@gmail.com

Sports Kings’s DMCA agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Website. All other communications directed to Sports Kings’s DMCA agent will go unanswered.

 

PRIVACY

 

Sports Kings cares about the privacy of its users. By using the Service, you are consenting to have your personal data collected, stored, transferred to, and processed in the United States in accordance with the Sports Kings Privacy Policy.

 

INDEMNITY

 

You will indemnify, defend and hold harmless Sports Kings, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Service, violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

 

WARRANTY DISCLAIMERS

 

You acknowledge that Sports Kings has no control over, and no duty to take any action regarding: (a) which users gain access to the Service; (b) what effects the Content may have on you; (c) how you may interpret or use the Content; or (d) what actions you may take as a result of having been exposed to the Content. You release Sports Kings from all liability arising from your acquisition of, or inability to acquire, Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.

Sports Kings makes no representations concerning, and disclaims all liability for, any Content contained on or accessed through the Service, and Sports Kings will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

Sports Kings accepts no responsibility or liability for any losses which may be incurred by any person or persons using the whole or part of the contents of the information, systems, plans, and methods contained herein and made available on the Website or through the Service. Although Sports Kings endeavors to provide accurate, up-to-date information on game schedules, statistics and other information, Sports Kings cannot be held responsible for any inaccurate or incorrect information published on the Website or through the Service. Your use of the information provided by Sports Kings and any related entities and persons on the Website or through the Service is at your own risk.

Activities offered by advertising links to other sites may be deemed illegal in certain jurisdictions. Sports Kings assumes no responsibility for the actions of, and makes no representation or endorsement of any activities offered by, any third party advertiser. Sports Kings shall not be responsible or liable for any losses or damages you may incur as a result of your interactions with such advertisers. By using this Website, you acknowledge and agree that you assume all risk in dealing with any third party advertiser you may encounter through the Website.

THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPORTS KINGS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

SPORTS KINGS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPORTS KINGS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

THIRD PARTY LINKS

 

The Website and Service may contain, or third parties may provide, links to other websites or resources. Because Sports Kings has no control over such sites and resources, you acknowledge and agree that Sports Kings is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sports Kings 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. You understand that this Agreement and the Sports Kings Privacy Policy do not apply to your use of such sites. Sports Kings encourages you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL SPORTS KINGS, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT

(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE WEBSITE, THE SERVICE OR ANY CONTENT, FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) (IN THE AGGREGATE), EVEN IF SPORTS KINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SPORTS KINGS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

TERMINATION AND SURVIVAL

 

Sports Kings may immediately terminate or suspend the Service, in whole or in part, and/or your Sports Kings account, in its sole discretion, without prior notice or liability, if you use the Website, Service or Content for unlawful gambling purposes, in a manner that violates the rights of others, breach any of the terms of this Agreement, Sports Kings can refuse service to anyone at Sports Kings’s sole discretion. Upon termination of your account, your right to use, and limited license with respect to, the Service will immediately expire.

If you wish to terminate your Sports Kings account, you may discontinue using the Service by sending an email to Sportskings277@gmail.com with the words “Terminate account” in the subject field. There are no refunds, however, and you will not be entitled to any refund (pro rata or otherwise) in the event you elect to terminate your account. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

NO RELATIONSHIP

 

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Sports Kings in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

SEVERABILITY

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

 

ASSIGNMENT

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The Agreement is not assignable, transferable or sub-licensable by you except with Sports Kings’s prior written consent. Sports Kings may transfer, assign or delegate this Agreement and the rights and obligations created thereunder without your consent.

 

DISPUTE AND ARBITRATION; CLASS ACTION WAIVER.

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PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO A CUSTOMER’S SATISFACTION BY WRITING TO US AT SPORTSKINGS277@GMAIL.COM, OR SPORTS KINGS LTD, LLC, ATTENTION: CUSTOMER SERVICE, 2838 Cross Haven Dr, Henderson, NV 89074, USA. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WE HAVE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT (OTHER THAN RELATED TO SPORTS KINGS’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. THIS INCLUDES ANY CLAIMS AGAINST OTHER PARTIES (SUCH AS OUR LICENSORS, SUPPLIERS, DEALERS OR THIRD PARTY VENDORS) RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU WHENEVER YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING.

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. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

WE EACH AGREE THAT THIS AGREEMENT AFFECTS INTERSTATE COMMERCE SO THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY (DESPITE THE CHOICE OF LAW PROVISION HEREIN). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS, AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NEITHER YOU NOR SPORTS KINGS HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM.

ALL DISPUTES RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO SPORTS KINGS FOR BREACH OF CONTRACT OR ANY TORT WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR A SUBSTITUTE ADMINSTRATOR APPOINTED BY THE COURT, ACCORDING TO AAA RULES, AND SHALL TAKE PLACE IN CLARK COUNTY, NEVADA, OR THE CONSUMER’S OWN COUNTY, INCLUDING ANY DISPUTE ABOUT THE SCOPE OF THIS ARBITRATION AGREEMENT, AND INCLUDING ALL QUESTIONS ABOUT THE TYPES OF DISPUTES THAT ARE SUBJECT TO THIS ARBITRATION AGREEMENT, ALL OF WHICH YOU AGREE WILL BE DECIDED BY THE ARBITRATOR, WHOSE DECISION WILL BE FINAL AND BINDING ON YOU. ANY ISSUE CONCERNING THE EXTENT TO WHICH A DISPUTE IS SUBJECT TO ARBITRATION, OR CONCERNING THE APPLICABILITY, INTERPRETATION OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING ANY CONTENTION THAT ALL OR PART OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND RESOLVED BY THE ARBITRATOR.

YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN THE ARBITRATOR’S SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING, (I) THERE SHALL BE NO AWARD OF PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES, (II) ALL DAMAGES CLAIMS AND AWARDS WILL BE GOVERNED BY THE PROVISIONS OF THE NEVADA CIVIL CODE, AND (III) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS’ FEES; PROVIDED, HOWEVER, THAT IF YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY INDIVIDUALLY AND AS A GROUP TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.

THIS AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, APPLICABLE FEDERAL LAW, AND THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. FOREIGN LAWS DO NOT APPLY. IF ANY PROVISION OF THE AGREEMENT IS INVALID UNDER THE LAW OF A PARTICULAR JURISDICTION, THAT PROVISION WILL NOT APPLY IN THAT JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

 

COMPLETE AGREEMENT

 

Both parties agree that this Agreement represents the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and that all modifications must be in writing signed by both parties, except as otherwise provided herein.