TERMS OF USE

Welcome to the Web site operated by Maximum Fantasy Sports (“MFS”).  This Web site (the “MFS Site” or the “Site”) provides services to registered MFS users in the United States and also provides general information about Maximum Fantasy Sports.

All users of the Site are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Site.  By accessing or using this Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the MFS Privacy Policy, which is hereby incorporated into these Terms of Use.  If you do not wish to agree to these Terms of Use, do not access or use any part of this Site.

Maximum Fantasy Sports may revise and update these Terms of Use at any time by posting the amended terms to this Site.  Your continued use of the Site means that you accept and agree to the revised Terms of Use.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to MFS or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized only to use the content on the MFS Site for personal use.  Neither the title nor any intellectual property rights to any information or material in this Site are transferred to you, but remain with MFS or the applicable owner of such content.  Except as expressly authorized by MFS in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site or of any services or materials available through this Site.  You may copy a reasonable number of pages of the MFS Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. 

TRADEMARKS

The term “Maximum Fantasy Sports” is a trademark and any MFS logo and all related product and service names, designs and slogans are MFS trademarks.  You may not use such marks without MFS’ prior written permission.  All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

NONAFFILIATION

MFS is not affiliated with the National Football League^®, its franchisees or subsidiaries, or any other professional or amateur sports organization.

USE OF THE MFS SITE 

The services provided through the MFS Site are solely for the entertainment of its users.  You agree to use the MFS Site only for lawful purposes.

(a)        Specifically you agree not to do any of the following:  (1) use the MFS Site for any form of gambling; (2) upload to or transmit on the MFS Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (3) use the MFS Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (4) intercept or attempt to intercept electronic mail not intended for you; (5) misrepresent an affiliation with any person or organization; (6) upload to or transmit on the MFS Site any advertisements or solicitations of business; (7) restrict or inhibit use of the MFS Site by others; (8) upload or otherwise transmit files that contain a virus or corrupted data; (9) collect information about others (including e-mail addresses) without their consent; (10) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the MFS Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the MFS Site); (11) post “spam,” transmit chain letters or engage in other similar activities; or (12) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the MFS Site, or which, as determined by MFS, may harm MFS or users of the MFS Site or expose them to liability.

(b)        Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the MFS Site (including password-protected areas), and all articles and responses to questions, other than the content provided by MFS, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of MFS.  You understand and acknowledge that you are responsible for whatever content you submit, and you, not MFS, have full responsibility for such content, including its legality, reliability and appropriateness.  By uploading or otherwise transmitting material to any area of the MFS Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the MFS Site.  You grant to MFS the right to use all content you upload or otherwise transmit to the MFS Site in any manner MFS chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c)        MFS reserves the right, but does not assume any responsibility, to (1) remove any material posted on the MFS Site which MFS, in its sole discretion, deems inconsistent with the foregoing commitments, including any material MFS has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the MFS Site.  However, MFS can neither review all material before it is posted on the MFS Site nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, MFS assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. MFS reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, MFS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d)       Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the MFS Site and may expose you to civil and/or criminal liability.

DEALINGS WITH MERCHANTS 

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Site, you acknowledge and agree that MFS is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant.  The terms of your interaction with any merchant are solely between you and such merchant.  You agree that MFS will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Site.

LIABILITY OF MFS AND ITS LICENSORS

MFS does not assume any liability for the materials, information and opinions provided on, or available through, the MFS Site (the “Site Content”).  Reliance on the Site Content is solely at your own risk.  MFS disclaims any liability for injury or damages resulting from the use of any Site Content. 

THE MFS SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  NEITHER MFS NOR ANY PERSON ASSOCIATED WITH MFS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE MFS SITE.  SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MFS NOR ANYONE ASSOCIATED WITH MFS WARRANTS OR REPRESENTS THAT THE MFS SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE MFS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE MFS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  MFS ASSUMES NO RESPONSIBILITY FOR END USE APPLICATIONS OF ITS PRODUCTS AND SERVICES AND NO PERFORMANCE WARRANTY IS EXPRESSED OR IMPLIED.  MFS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  IN NO EVENT WILL MFS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE MFS SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE MFS SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MFS AND WHETHER OR NOT MFS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless MFS and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the MFS Site or the delivery of products, services or information over the MFS Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement, any form of gambling arising out of or based on your use of the MFS Site or any other use by you of the MFS Site or any products, services or information obtained from this Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

MFS’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy and is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS

MFS welcomes your comments.  All comments, suggestions or other information sent by you to this Site for internal use by MFS or its advertisers or business partners or in response to solicitations on this Site, will become MFS’s property, and you agree that all intellectual property rights therein are transferred to MFS.  You understand that any postings to publicly available portions of the MFS Site are non-confidential for all purposes.

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The MFS Site may contain links to other Web sites on the Internet.  MFS is not responsible for and does not endorse the content, products or services of any third-party Web sites, including, without limitation, sites framed within the MFS Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy.  Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites.  Further, a reference on the Site to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply MFS’s endorsement, sponsorship or recommendation.  Product and service information are solely the responsibility of each individual vendor and MFS does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such vendors’ products, trademarks, trade names or trade dress.

COMPLIANCE

The owner of this Site is based in the State of Illinois, USA . MFS makes no representation that materials in this Site are appropriate or available for use in other locations.  If you access this Site from other locations, you are responsible for complying with local laws.

CONTACT

Please contact us at webmaster@maximumfantasysports.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA , without regard to its conflicts of law principles.  These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and MFS with respect to the MFS Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.  Any cause of action you may have with respect to the MFS Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the MFS Site shall be in the state or federal courts located in or near Chicago, Illinois.  You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.

MFS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and MFS