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Legion Sports Terms of Service and Official Rules

 

Effective Date: [1/17/21].

 

Welcome to Legion Sports! GK Labs Inc. DBA Legion Sports, a Delaware corporation and Texas-based operator (“Legion Sports”) is a fantasy sports platform that allows you (“you” as further defined in the Acceptance of Terms section below) to showcase your relative knowledge skill about fantasy sports and receive real-time feedback and advice about how to construct on your optimal fantasy sports lineup. Before using Legion Sports, please take some time to carefully read our Terms of Service and Official Rules below (“Terms,” or “Agreement”).  These Terms constitute a binding contract between you and Legion Sports. You and Legion Sports may individually be referred to as a “party,” or collectively as the “parties” from time to time throughout these Terms.

Legion Sports is offered as a completely free fantasy sports platform that has a unique polling component, and it is not offered or intended as an investment market or a gambling facility. Legion Sports is not regulated by or registered with the United States Commodity Futures Trading Commission or any other regulatory authority. 

Acceptance of Terms.

 

PLEASE NOTE THAT THESE TERMS CONTAIN A CLASS ACTION WAIVER AND ALL DISPUTES WILL BE RESOLVED SOLELY BY INTERNAL INITIAL DISPUTE RESOLUTION OR BINDING ARBITRATION.

 

By creating a Legion Sports account (“Account,” as further defined in the Legion Sports Account section, below), downloading and using the Legion Sports mobile application (“App”), or using the various fantasy sports or information services (collectively, such services, including any new features or versions of the App,  together with the App, the “Services”) offered by Legion Sports, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors (collectively “Legion Sports,” “we,” “us,” or “our”), or by visiting or browsing the Services, you, the user (individually a “User” or “you” and collectively the “Users”), acknowledge and agree to these legally binding Terms. You also agree to the Legion Sports Privacy Policy (“Privacy Policy”) and all other Platform rules, operational rules, policies, and procedures that may be published on the App by Legion Sports, which are incorporated by reference.

 

You agree to use the Services only for lawful purposes, and you agree that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.

Eligibility.

By creating an Account, you represent and warrant that:

  • you are of eighteen (18) years of age or older (or the minimum age for permissible use in your jurisdiction); and
  • you will abide with this Agreement, and with any other agreements between you and Legion Sports regarding your use of the App, at all times.

If Legion Sports determines that you do not meet the eligibility requirements of this Eligibility section, then you are not authorized to enter create an Account. Legion Sports reserves the right to terminate or limit your Legion Sports Account. The Platform is subject to all applicable federal, state, territory, provincial, and local laws, rules, and regulations.

 

Modification to this Agreement. 

 

Legion Sports may, at its sole discretion, change these Terms, including the Legion Sports Privacy Policy, from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the App, or by e-mail to the e-mail address affiliated with your Account. Updated versions of the Terms will never apply retroactively, and the updated Terms will give the exact date they go into effect. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. 

 

Legion Sports reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Legion Sports shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Legion Sports may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

Legion Sports Account.

 

Creating Your Legion Sports Account

You may view Challenges and Duels (as further defined below) on the App without registering for an Account, but as a condition of using certain aspects of the Services, including participating on the Platform you are required to create a Legion Sports Account.

 

You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete. 

 

Upon Account creation, you are required to choose a username for yourself and submit it. You may not use a username that promotes a commercial venture or a username that Legion Sports in its sole discretion deems offensive. Legion Sports may require you to change your username. 

 

You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of these Terms to allow any other person to use your Account to participate on the Platform.  If you discover any unauthorized use of your Account, or other known Account-related security breach, you must report it to Legion Sports immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Legion Sports cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 

 

 

Account Inactivity

If your Legion Sports Account has no activity for twenty-four (24) consecutive months, the Account will be considered inactive. Legion Sports reserves the right to close inactive Accounts at its sole and absolute discretion. 

 

Termination of Usage

You may cancel your Account at any time through your Account settings or by sending us an e-mail at LegionSportsInfo@gmail.com. We may suspend or cancel your Account without notice if you violate this Agreement, or for any reason at all. If your Account is cancelled, Legion Sports reserves the right to remove your Account information along with any Account settings from our servers with NO liability or notice to you. Once your Account information and Account settings are removed, you will not be able to recover this data and you will lose access to all content in connection with your Account.

 

Upon termination of your Account, your optional, non-perpetual, limited, non-exclusive, non-transferrable, revocable license to use Legion Sports’ Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, publicity, and limitations of liability. You acknowledge and understand that our rights regarding any User Content that you submit to us before Account termination shall survive such termination.

 

Availability of the Services.

 

You acknowledge that there may be interruptions in Services or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in services or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. 

 

Duels and Challenges.

 

After you create an Account, you will be able to login to the App and create questions for other users to answer (“Challenges”) and answer Challenges created by other users (“Duel”) (Challenges and Duels collectively referred to as the “Platform”). Users who create a Challenge are referred to as Challengers (“Challengers”) while users who answer Challenges are referred to as Legionnaires (“Legionnaires”). Your Legion Sports Account allows you to both create Challenges as a Challenger and answer Challenges as a Legionnaire.

 

It is your responsibility to know and understand the rules for the Platform. 

 

Conditions for Entry

To be eligible to participate on the Platform, you may be required to provide Legion Sports with additional documentation or information to verify your identity as the 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 Account holder, Legion Sports will, in its sole and absolute discretion, utilize certain information collected by Legion Sports to assist in verifying the identity and eligibility of such Account holder.

 

By participating on the Platform, Platform participants agree to be bound by these Terms and the decisions of Legion Sports, which shall be final and binding in all respects. Legion Sports, at its sole discretion, may disqualify any Platform participant from a Challenge or Duel, if the Platform participant engages in conduct or otherwise utilizes any information Legion Sports deems to be improper, unfair or otherwise adverse to the operation of the Platform, or is in any way detrimental to other Platform participants. Conduct that is prohibited by Legion Sports includes, but is not limited to:

  • Falsifying any personal information required to create an Account;
  • Unauthorized use of any third party’s Account;
  • Dealing, in any way, with any third party who may be able to influence the outcome of any Challenge or Duel;
  • Any attempt to tamper with, manipulate or influence the Services, software, or any security measure;
  • Obtaining, by circumventing safeguards or via other unauthorized methods on the Services, non-public information from other Platform participants; 
  • Engaging in any type of financial fraud;
  • Colluding with any other individual(s) or engaging in any type of syndicate play;
  • Any violation of Platform rules or the Terms;
  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Services in any way;
  • 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 Services or of any User for any purpose; or
  • Abusing the Services in any way.

 

Indemnification for Platform Participation

By participating on the Platform, Platform participants, agree to indemnify, release and to hold harmless Legion Sports, its parents, subsidiaries, affiliates and agents, 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 injuries, damages, or losses to persons and property which may be sustained in connection with participation on the Platform, as well as any claims based on publicity rights, defamation, or invasion of privacy. 

Leaderboard (Accuracy). 

The Leaderboard recognizes the top performing Legionnaires. Legionnaires will be categorized into tiers contingent on their success of answering the Challenger’s questions. Users will be able to toggle between “record” and “accuracy”. 

Record example: 40-10 = 40 correct picks and 10 incorrect picks

Accuracy example (based on 40-10 Record): 80% winning percentage

 

Seasonal Ranking Requirements: (1) Legionnaire must meet weekly requirement by answering 20 questions (2) Legionnaire must answer 10 questions for each week missed in addition to weekly requirements.

 

Example of Legionnaire regaining seasonal ranking status after missing 5 weekly requirements: Season Ranking= 20 (Weekly requirement) + 50 (5 weeks missed x 10) = 70 answered questions

 

Leaderboard (Seasonal Badge Tiers)

Legionnaires will be placed into tiers as follows:

  • #1 top performing Legionnaire – Goat

  • Top 2%-15% – Hall of Fame

  • Top 16%-30% – All Star

  • Top 31%-60% – Veteran

  • Top 61%-90% – Rookie

  • Top 91%-100% – Free Agent (No Badge)

 

A badge will be awarded to the user contingent on the tier they place while acting as a legionnaire. The badges become more prestigious with the higher the user’s tier.

 

Leaderboard (Activity)

A User will also be ranked on how many questions they answer. The more questions answered, the higher the legionnaire will be ranked. Like accuracy, this be segmented into weekly and seasonal rankings. There are no requirements needed to qualify for an activity ranking. The ranking is based off of the accumulated number of questions answered by the Legionnaire. 

 

Platform Statistics and Live Scoring.

To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and entertainment purposes only and are not used to determine the results of Challenges and Duels. While Legion Sports and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Legion Sports nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. Legion Sports 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 Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.

 

General Rules and Conduct.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms, or otherwise prohibited by law. The Services are provided only for your own personal, non-commercial use. You are responsible for any activity associated with your Account and any of your actions or inactions otherwise made or omitted in connection with your Account or the Services. 

 

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

 

  1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, gambling, fantasy contests, anti-trust protections and import or export control;

 

  1. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

 

  1. You shall not directly or indirectly modify, translate, reproduce, or otherwise create derivative works of any part of the Services, including, without limitation, the designs, logos, processes, functionalities, or otherwise directly or indirectly infringing any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights of Legion Sports or of our service providers or business partners in connection with the Services; 

 

  1. You shall not attempt to use any method to gain unauthorized access to any features of the Services;

 

  1. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code, underlying ideas, or algorithms  of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; 

 

  1. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

 

  1. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Legion Sports or any third party; or that impersonates any person or entity, including any Employee or representative of Legion Sports; 

 

  1. You shall not directly or indirectly take any action that imposes or may impose (as determined by Legion Sports in its sole discretion) an unreasonable or disproportionately large load on Legion Sports’ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the App or any activities conducted in connection with any of the Services; run Maillist, Listserv, or any form of auto-responder or “spam” on the App; or use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the App; 

 

  1. You shall not sell or otherwise transfer your Account; and

 

  1. You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

 

If for any reason, Legion Sports determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and take immediate internal business measures to prevent participation as well as legal action as necessary, including, without limitation, bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including, without limitation, cooperating with and assisting law enforcement or government agencies in any investigations resulting from your alleged illegal conduct. 

 

ANY ATTEMPT BY A PLATFORM PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CHALLENGE OR DUEL IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, LEGION SPORTS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Payments.

 

Payment

Creating a Legion Sports Account is free. However, there might be associated fees for certain premium purchases through the App, including the purchase of Legion Loot which may be used to skip a Duel or boost a Challenge as mentioned above in Platform Rules. When you use a Service to make a purchase that has a fee you will have an opportunity to review and accept the fees that you will be charged. 

 

To pay for such services, you must provide Legion Sports with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay Legion Sports the charges incurred in accordance with these Terms and applicable pay services.  If you dispute any charges, you must inform Legion Sports in writing within thirty (30) days of being billed by Legion Sports.  If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.

 

Third-Party Payment Processor

In the event that you make a purchase through the Services, Legion Sports uses third-party electronic payment processors and financial institutions (“Payment Processors“) to process payments for services or products. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Legion Sports Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that Legion Sports may give such instructions on your behalf in accordance with your requests as submitted through the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. You further agree that Legion Sports is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party, except as a result of the gross negligence of Legion Sports.

 

Publicity.

 

By participating on the Platform, you consent to the use of your name, voice, likeness, location and photograph by Legion Sports, its service providers, and its business partners, in connection with the development, production, distribution and exploitation (including marketing and promotion) of the Platform and by Legion Sports generally, unless otherwise prohibited by law. Legion Sports and its business partners reserve the right to make public statements about the Platform participants. Failure to provide such waiver upon written request may result in ineligibility or disqualification from participating on the Platform.

 

Advertisements and Third-Party Sites.

 

The App may contain third-party advertisements and sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the App are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.

 

Additionally, the App may provide you with links to other websites, apps, or resources on the internet. Links to third-party websites, apps, or resources, if any, are provided only as a convenience to you. If you use these links, you will leave the App, and all Services covered by these Terms. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Legion Sports. Your dealings with third parties are solely between you and any such third party. You agree that Legion Sports will not be responsible or liable for any content, goods or services provided on or through these linked, or otherwise accessed, outside websites, apps or otherwise, or for your use or inability to use such websites, apps or resources. Your use of and access in connection with these links are at your own risk. 

 

Legion Sports Intellectual Property, Content, and User Content.

 

Intellectual Property

Through the Services, Legion Sports may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos. Content shall also include User Content (as further defined below).

 

Our Content

Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any Content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our Content. All other content viewed through the Services is the property right of its respective owner. You have a limited, revocable, non-exclusive, non-transferrable optional, non-perpetual license to use the Services and our Content solely for legal and otherwise permitted activities related to our Services as outlined in these Terms.

 

User Content

We, including third-party partners and our affiliates, may ask you for feedback on your experience with the Services. Legion Sports shall become the owner of such feedback (“Feedback”), which shall include, without limitation, any reviews, comments, suggestions, or other content or information regarding the Services, posted on Legion Sports’ social media pages or to the Services. Legion Sports may share your Feedback with any of its affiliates or business partners, may use, discuss, and disseminate your Feedback internally, and retains the right to publicly post your Feedback, except as otherwise prohibited by law. Without limitation, Legion Sports will have exclusive ownership of all present and future existing rights to the Feedback, of every kind and nature, everywhere, and Legion Sports is entitled to use Feedback for any commercial or other purpose whatsoever, including to advertise and promote Legion Sports or its Contests, without compensation to you or any other person sending the Feedback. 

 

To the extent that you decide to post any content on the Services or on Legion Sports’ social media pages (“User Content”), including, without limitation, your profile information, photos, or Feedback, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant Legion Sports all of the license and use rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Legion Sports, have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and copyright.  Legion Sports may refuse to accept or transmit User Content at its sole and absolute discretion. Additionally, Legion Sports shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.  You specifically waive any “moral rights” in and to User Content.

 

Copyright and Trademark Notices

 

Intellectual Property Infringement Policy

Legion Sports complies with the Digital Millennium Copyright Act (DMCA). Legion Sports will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please notify Legion Sports’ intellectual property agent (“IP Agent”) by e-mail at LegionSportsInfo@gmail.com or by mail to the address in the Contact section (below). Please do not send notices or inquiries about anything other than alleged trademark or copyright infringement or other intellectual property claims to our IP Agent for notice. Your e-mail must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the trademarked or copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, sufficient for Legion Sports to locate the material; your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the trademark or copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on the trademark or copyright owner’s behalf.

 

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

 

In accordance with the DMCA, Legion Sports has adopted a policy of, in appropriate circumstances, terminating Accounts that are repeat infringers of the intellectual property rights of others. Legion Sports may, in its sole and absolute discretion, terminate Accounts based on a single infringement.

 

Counter-Notice

If you believe that your removed or disabled User Content is not infringing, or that you have the authorization from the trademark or copyright owner, the owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the IP Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; (4) Your name, address, telephone number, and e-mail address; (5) A statement that you consent to the jurisdiction of the federal court in Dallas County, Texas; and (6) A statement that you will accept service of process from the person who provided notification of the alleged infringement. 

 

If a counter-notice is received by the IP Agent and we determine it is appropriate to reverse the removal or disabling of the User Content at issue, Legion Sports may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the trademark or copyright owner files an action seeking a court order against the provider of the User Content, then the removed User Content may be replaced, or access restored, in 10 to 14 business days or more after receipt of the counter-notice, at Legion Sports’ sole and absolute discretion.

 

Legion Sports iOS Mobile Application.

 

You acknowledge and agree that (i) these Terms are binding between you and Legion Sports only, and Apple is not a party hereto, and (ii) as between Legion Sports and Apple, it is Legion Sports that is responsible for the App and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App.

 

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

 

In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and Legion Sports, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Legion Sports’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Legion Sports’ liability in this regard.

 

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

 

Warranty and Disclaimer.

 

LEGION SPORTS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, INCLUDING, WITHOUT LIMITATION, IN THE PERMITTED TERRITORIES, AND, IN ANY EVENT, LEGION SPORTS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. FURTHER, LEGION SPORTS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, LEGION SPORTS, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “LEGION SPORTS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. LEGION SPORTS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEGION SPORTS ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

Limitation of Liability.

 

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL LEGION SPORTS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES, IF APPLICABLE, IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED U.S. DOLLARS ($200.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, LEGION SPORTS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Dispute Resolution, Arbitration, and Class Action Waiver.

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

Initial Dispute Resolution

It is Legion Sports’ goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Legion Sports has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Legion Sports is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Legion Sports, you acknowledge and agree that you will first give Legion Sports an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within 30 days of the occurrence of the event giving rise to the dispute by sending an e-mail to LegionSportsInfo@gmail.com. You then agree to negotiate with Legion Sports in good faith about the dispute for at least 60 days after Legion Sports’ receipt of your written description of it.

 

Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision (above), then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.

 

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain cases. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

 

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitration will take place in Dallas County, in the State of Texas.

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LEGION SPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to Legion Sports at LegionSportsInfo@gmail.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Legion Sports also will not be bound by them.

Changes to this Section

Legion Sports will provide 30-day notice of any changes to this section. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

 

Assignment.

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Legion Sports’ prior written consent. Any assignment in violation of this section shall be null and void. Legion Sports may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. 

 

No Third-Party Beneficiaries. 

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

 

Notice Policy and Your Consent.

Under these Terms you are contracting with GK Labs Inc. DBA Legion Sports, a Delaware corporation. All notices should be addressed to GK Labs Inc. at the address in the Contact section (below). 

 

For the avoidance of doubt, we are entering into this Agreement as principal, and not as an agent for any other Legion Sports company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

 

You acknowledge and agree that we may give you notice by means of a general notice on the App, by electronic mail to the e-mail address connected to your Account, by text message at the phone number provided on your Account, or by written communication sent by first class mail or pre-paid post to the physical address as provided on your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth in the Contact section (below) or at such other address as we may advise from time to time, pursuant to this provision.

 

Geographic Limits of Service.

Legion Sports makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content or Services are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the Content or Services are illegal, and that you, and not Legion Sports, are responsible for compliance with applicable local laws. 

 

Governing Law.

These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

 

You agree that Legion Sports and its Services are deemed passive and that do not give rise to personal jurisdiction over Legion Sports or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

Integration and Severability.

These Terms and other referenced material constitute the entire agreement between you and Legion Sports with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Legion Sports with respect to the Services and govern the future relationship. If a court or arbitrator, in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law. 

 

No Waiver.

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.

 

Contact.

If you have any questions regarding these Terms or if you wish to file a Copyright or Trademark Infringement notice, please contact us at LegionSportsInfo@gmail.com. Please direct all Account support inquiries to LegionSportsInfo@gmail.com.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, CONTEST RULES, AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.