LIMITATIONS ON WARRANTY AND LIABILITY

Disclaimer of Warranties

Users expressly acknowledge and agree that use of the Armchair Quarterback Service is at their sole risk. Users further acknowledge and agree that the Armchair Quarterback Service are provided on an “AS IS” and “as available” basis. Armchair Quarterback does not warrant that services affiliated with Armchair Quarterback, including, but not limited to, the Website, the Armchair Quarterback App, and the contests and services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.

 

Limitations on Liability

NEITHER ARMCHAIR QUARTERBACK NOR THE ARMCHAIR QUARTERBACK PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE ARMCHAIR QUARTERBACK SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE ARMCHAIR QUARTERBACK SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ARMCHAIR QUARTERBACK AND THE ARMCHAIR QUARTERBACK PROVIDERS.

YOU UNDERSTAND AND AGREE THAT NEITHER ARMCHAIR QUARTERBACK NOR THE ARMCHAIR QUARTERBACK PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE ARMCHAIR QUARTERBACK SERVICE

 

BINDING ARBITRATION AND CLASS ACTION WAIVER

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

 

Initial Dispute Resolution

Users agree to work with Armchair Quarterback in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Armchair Quarterback Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give Armchair Quarterback an opportunity to resolve the Dispute by sending written notification to play@ArmchairQuarterback.com with the subject line “DISPUTE” or mailing Armchair Quarterback, 531 Encinitas Blvd., Suite 111, Encinitas, CA 92024.

Written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.

 

Binding Arbitration

By entering into this agreement, You agree that all Disputes between You and Armchair Quarterback that cannot be resolved through Armchair Quarterback’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in San Diego County, California before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.

You further agree that 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 may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Armchair Quarterback and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.

 

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. USERS AND ARMCHAIR QUARTERBACK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES 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.

 

30-Day Right to Opt-Out

You have the right to opt-out of the Binding Arbitration and Class Action Waiver provisions set forth above within 30 days from the date that you first consent to this agreement (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to the address in the Notices section with (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Armchair Quarterback through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Armchair Quarterback. If Users opt-out of these provisions, Armchair Quarterback also will not be bound by them. Any opt-out requests received after the Opt-Out Deadline will not be valid and users must pursue their dispute through Binding Arbitration.