User Agreement

GridRival®, Inc. (“GridRival®” or “the Company”) owns and operates the Website that links to these Terms of Service. We are pleased to offer you access to our Website and the ability to participate in fantasy sports contests (the "Service") that we may provide from our Website and through our iPhone and Android apps (the “apps”), subject to these Terms of Service (the "Terms of Service", or "Terms"), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests (the "Rules”).

Consideration

You agree to these Terms of Service by accessing or using the Website or apps, registering for Services offered on the Website, or by accepting, uploading, submitting, or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR APPS. These Terms of Service constitute a legal agreement between you and GridRival® and shall apply to your use of the Website or apps, and the Services even after termination.

GridRival® reserves the right, at its sole discretion, to modify or replace the existing Terms of Service at any time. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the GridRival® Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgment and acceptance of these modifications. It is your responsibility to review these Terms regularly to determine whether they have changed.

The Service

GridRival® will provide you with access to fantasy sports contests in which you must select a team of players through the use of your skill and knowledge of professional sports. For each contest, winners are determined by GridRival® based on the ability to predict the performance of professional athletes over the course of multiple, real-world sporting events. GridRival® shall have the sole discretion of determining its game rules and selecting winners of these contests. Further, GridRival® shall be the sole arbiter of disputes over who wins each contest.

Eligibility

By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the GridRival® Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service and to abide by and comply with these terms.

Further, you represent and warrant that:

  • You are not an employee, officer, director, or agent of any other company that provides daily fantasy sports contests.

  • You will abide at all times by these Terms and any other agreements between you and GridRival®.

If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, GridRival® reserves the right to suspend or terminate your account.

You must be at least eighteen (18) years of age to open an account, engage in a contest, or win prizes offered by the Website or in the apps. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website or apps is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Arizona, Iowa, Louisiana or Massachusetts.

In order to use our Site or Service, you must register for an account. You may establish only one account per person to participate in the Services offered on the Website or the apps. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If GridRival® discovers that you have opened more than one account per person, or that you provided any information that is inaccurate, not current or incomplete, GridRival® may deny you access to areas requiring registration, at its sole discretion, and reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.

At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Services to allow any other person to use your account to participate in a contest. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify GridRival® of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, GRIDRIVAL® AND OTHERS DUE TO ANY UNAUTHORIZED USE. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

Your account will be deemed 'Dormant' if you have not logged in for a period of twelve (12) months. We will provide email notice to the email address registered to the account, advising that the account balance will be set to zero at thirty (30) days from the notice.

"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website or the apps. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website or the apps. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

If any deposit is charged back, any winnings generated from GridRival® contests shall be invalidated, forfeited, and deducted from your account balance. In addition, the amount of the initial deposit will be invalidated, forfeited, and deducted from the account balance. GridRival® reserves the right to close your account – without notice – shall a deposit be charged back.

GridRival® employees ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the employee who resident at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website or the apps; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website or apps: GridRival®-sponsored Private Contest, Private Contests for cash, or Private Contests for prizes other than cash. A "Private Contest" is one that is not listed on our public applications, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating. [PL1] At times, Employees may participate in paid public contests for the sake of testing GridRival’s® production application. In these circumstances, they will not be eligible to win prizes.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any GridRival® contests in the sport in which they are associated.

Contest Entry

Users will be able to visit the Website or apps and view the real money contests available. Each individual contest has an entry fee listed in US dollars. When you select to participate in a contest and complete the entry process, the listed amount of US dollars will be debited from the active funds (the "Available Balance") section your GridRival® account.

Refund Policy

GridRival® accepts Visa and Mastercard debit cards in the US, Canada, and UK and credit cards in the US and Canada, and ACH transfers. Deposits made on our site will appear on your statement as GridRival®. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

Players can obtain a copy of their account statements by emailing customer service at [email protected][PL3] .

Conditions of Participation

By entering a Contest, individuals agree to be bound by these Rules and the decisions of GridRival®, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any individuals, refuse to award benefits or prizes and require the return of any prizes, if the individuals engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair, or otherwise adverse to the operation of the contest or is in any way detrimental to other individuals. These Terms prohibit entering a contest if the individual is:

  • Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any daily fantasy sport site or information from a sports governing body (e.g., pre-release injury information) ("Pre-Release Data");

  • An employee of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant's participation in a Contest;

  • An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;

  • Breaching any rules or policies of the entrant's employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Contests or accepting prize money;

  • Any person prohibited from participating pursuant to court order; or

  • Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.

In addition, conduct that would be deemed improper also includes, but is not limited to:

  • Falsifying personal information required to participate in a contest or claim a prize;

  • Engaging in any type of financial fraud including unauthorized use of credit instruments to participate in a contest or claim a prize;

  • Colluding with any other individual(s) or engaging in any type of syndicate play;

  • Any violation of Contest rules or the Terms of Service;

  • Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;

  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Website or apps in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);

  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website, apps, or of any User for any purpose.

  • Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;

  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;

  • Obtaining other entrants information and spamming other entrants; or

  • Abusing the Website in any way.

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent GridRival® from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless GridRival®, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in participation in a contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. GridRival® may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

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

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

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR APPS OR TO UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GRIDRIVAL® RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of GridRival® and will not be acknowledged or returned. To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide GridRival® with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, GridRival® will, in its sole and absolute discretion, utilize certain information collected by GridRival® to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Service will result in disqualification and, if applicable, prize forfeiture. Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest, the Website, or the apps. Winners agree that from the date of notification by GridRival® of their status as a potential winner and continuing until such time when GridRival® informs them that they no longer need to do so that they will make themselves available to GridRival® for publicity, advertising, and promotion activities. GridRival® reserves the right to move entrants from the Contests they have entered to substantially similar contests in certain situations determined by GridRival® in its sole discretion.

Contest Prizes and Promotions

Prizes will only be awarded if a contest is run. We reserve the right to cancel a contest at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Service.

Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.

Responsible Gaming

The Company reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company shall also permit the Authorized Account Holder to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Authorized Account Holder and exclude such Authorized Account Holder.

Other Legal Restrictions Contest of Skill

Contests offered on the Website and in the apps are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Website, the apps, and Contests may not be used for any form of illicit gambling.

Contest Statistics and Live Scoring

To the extent that we offer 'live' statistics during contests, all 'live' statistics and other information provided through the GridRival® Website or the apps and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our contests. While GridRival® and the third parties used to provide the GridRival® Services use reasonable efforts to include accurate and up-to-date information, neither GridRival® nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the GridRival® Website and apps and related information sources. GridRival® and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the GridRival® Website and apps and related information sources and shall not be responsible or liable for any error or omissions in that information. All statistics shown on GridRival® are publicly available and are not suggestions from GridRival® in any way.

Contest Results

To the extent applicable, contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports contest of each individual contest. Once contest results are reviewed and graded, prizes are awarded. The scoring results of a contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except at GridRival®’s sole and absolute discretion.

GridRival® reserves the right, in its sole and absolute discretion, to deny any user or participant the ability to participate in Contests for any reason whatsoever. Further, GridRival® may, in its sole and absolute discretion, invalidate any head-to-head Contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

In the event of any malfunction, contests will be voided and entry fees will be refunded.

Prizes

Subject to the Company verifying your compliance with the Terms, Rules and other conditions of participation, at the conclusion of each Contest, the Company shall use commercially reasonable efforts to award the winnings and/or prizes within a reasonable amount of time.

Payment and Withdrawal of Prizes

Winners are posted on the Website.

If GridRival® determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, GridRival® reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, GridRival® may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website or app. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by GridRival® in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Service in any manner.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of a contest is challenged by any legal authority, GridRival® reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by GridRival®, will be credited back to the same credit card or method of payment used to deposit funds on the Website or in the apps. GridRival® will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).[PL5]

Verification and Withdrawal

GridRival®, Inc. will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. This process asks a series of at least four multiple choice questions about the person's life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, GridRival®, Inc. can and does require its users to produce a copy of their driver's license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, GridRival®, Inc. will not release the funds from the account. Once per month, GridRival®, Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to GridRival®, Inc. from credit card processors as of the end date of the immediately preceding month.[PL6]

Users who believe that funds held by or their accounts with GridRival®, Inc. have been misallocated, compromised, or otherwise mishandled, may register a complaint with GridRival®, Inc. online by e-mailing [email protected] . GridRival®, Inc. shall use its best efforts to respond to such complaints within ten (10) business days. If GridRival®, Inc. determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for GridRival®, Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed.

Transaction, Withdrawal, and Deposit Limits

Upon starting operations, GridRival® will establish and maintain transaction limits on its activities in order to mitigate BSA/AML/OFAC risks. The Company has set a limit of $500 for Users on its platform. This $500 limit applies to daily deposit activity and per contest. Users can participate in multiple contests at a time, up to $500 for each contest. Outside of account closures, withdrawals of funds are limited to $2,000 USD per day.

The Compliance Officer may implement additional transaction limits at any time in accordance with any subsequent risks or concerns identified once the Company begins operations.

Termination and Effect of Termination

In addition to any other legal or equitable remedy, GridRival® may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the GridRival® Website and the apps. GridRival® may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website and apps. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications and Disclosures

As a result of your registration for the Service, you may receive certain commercial communications from GridRival®. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to [email protected].

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

User Conduct

As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by GridRival®. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times.

In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other GridRival® users; not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not 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 GridRival® user; not to create or submit unwanted email ("Spam") to any other GridRival® users; and not to infringe upon the intellectual property rights of GridRival®, its users, or any third party.

Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.

Additionally, you agree not to utilize GridRival as a platform to host any form of gambling or betting between peers or other members of GridRival.

Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures GridRival® may use to prevent or restrict access to the Site.

Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that GridRival® may remove any User Content and terminate any GridRival® account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content).

To report Terms of Service abuse, please contact us at [email protected][PL12] .

User Generated Content

You understand that all content created by users of either the Site or Service (“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 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 GridRival® be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted, or otherwise made available via the Site.

You acknowledge that GridRival® may or may not pre-screen User Content, but that GridRival® 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, GridRival® and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in GridRival®’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.

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

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

Rights To Use of Your Personal Information

By using this Site or Service, you agree to provide GridRival® with a worldwide, non-exclusive, royalty-free, perpetual, transferable and non-revocable license to use, for any purpose, any information provided by you on our Site. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other GridRival® contests, unless otherwise prohibited by law.

Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to GridRival® for publicity, advertising and promotional activities relating to any contest in which they participate.

Non-Affiliation with Any Sports League, Players Association, Or Athletes

GridRival®, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. GridRival is not affiliated with any of the athletes or brands displayed in our applications and such data is for informational purposes only. The use of players’ names in conjunction with their statistics in our contests is intended for informational purposes only and should not be construed as an endorsement of our contests.

The GridRival application and website are unofficial and are not associated in any way with the Formula One group of companies. F1, FORMULA ONE, FORMULA 1, FIA FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX and related marks are trademarks of Formula One Licensing B.V.

Intellectual Property Rights

The content on the Website and the apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to GridRival®, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GridRival® reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to GridRival®, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of GridRival®, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to GridRival®, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Service and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those preexisting uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to GridRival® the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GRIDRIVAL® DISCLAIMS ALL WARRANTIES--STATUTORY, EXPRESS OR IMPLIED--INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT GRIDRIVAL® HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR USE THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE GRIDRIVAL® FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. GRIDRIVAL® MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND GRIDRIVAL® WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL GRIDRIVAL® BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GRIDRIVAL® HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GRIDRIVAL®’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GRIDRIVAL® FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

Indemnity

BY USING THE GRIDRIVAL® SERVICE OR ACCEPTING ANY PRIZE, YOU AGREE TO RELEASE AND TO HOLD HARMLESS GRIDRIVAL® AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE SERVICE, THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.

Miscellaneous

The Website may contain links to third party websites that are not owned or controlled by GridRival®. GridRival® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, GridRival® will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve GridRival® from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in the Terms of Service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and GridRival®.

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with GridRival® or in any way affiliated or associated with the contests.

Third-party online publishers that refer users to the GridRival® website shall not be responsible or liable for the GridRival® website or any of the content, software, or functions made available on, or accessed through, or sent from, the GridRival® website.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GridRival®'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

GridRival® reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. If you continue to use the Services after we change the Terms of Service, you accept all changes. The failure of GridRival® to comply with any provision of these Terms of Service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Service.

GRIDRIVAL® AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF GRIDRIVAL® IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.

Our Proprietary Rights

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

Links to Third Party Sites

The Site provides, or third parties may provide, links to other World Wide Web sites or resources, including, but not limited to, third party advertisers. Recognizing that GridRival® has no control over such sites and resources, you acknowledge and agree that GridRival® 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 GridRival® 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. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms of Service. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.

Notice And Procedure for Making Claims of Copyright Infringement

GridRival® may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted 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; (iii) 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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 (vi) 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.

GridRival®’s designated Copyright Agent to receive notifications of claimed infringement is Ross Fruin. Mail: 10185 SW Riverwood Ln, Tigard OR, 97224, United States of America; Email: [email protected].

Only DMCA notices should be sent to the Copyright Agent.

Choice of Law

You agree that any claim you may have against GridRival®, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.

Arbitration

Any controversy or claim arising out of, in connection with, or in any way relating to the Terms of Service, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by the American Arbitration Association (“AAA”) in connection with its rules.

You and GridRival® agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or GridRival®’s intellectual property rights; and (2) any claim for injunctive relief.

Any such arbitration shall be held within a fifty mile radius of Portland, Oregon, United States of America.

Forum Selection

For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and GridRival® agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Portland, Oregon, United States of America. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

Waiver and Severability and Terms

The failure of GridRival® 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.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by GridRival® without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.

No Agency

You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and GridRival®. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO GRIDRIVAL®, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND GRIDRIVAL®.

Statute of Limitations

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

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