Terms of Service Last Revised: October 26, 2021 PLEASE READ THIS LEGAL
DOCUMENT CAREFULLY. Sportal App provides simple, low-latency game
streaming through a downloadable desktop application. This website and its
subdomains (collectively, the “Site”), all software and associated
documentation that is made available to you by Sportal (“Software”), and
the services and resources available or enabled via the Site or Software
(each a “Service” and collectively the “Services”) are controlled by
Sportal. By registering on the Site or by visiting, browsing, or using any
of the Services in any way, you (“user” or “you”) accept these Terms of
Use (the “Terms”). These Terms are legally binding and govern your use of
each of the Services, including the Software. By accessing or using any of
the Services, you are accepting these Terms (on behalf of yourself or the
entity that you represent), and you represent and warrant that (1) you
have read, understand and agree to be bound by these Terms, (2) you are at
least 18 years old or the age of majority in the jurisdiction from which
you are accessing the Services (or are at least 13 years old and have your
parent or legal guardian’s consent) and (3) you have the authority to
enter into the Terms personally or on behalf of the legal entity
identified during the account registration process, and to bind that legal
entity to the Terms. If you, or if applicable, such legal entity, do not
agree to be bound by the Terms, you, and if applicable, such legal entity,
may not access or use any of the Services. PLEASE BE AWARE THAT SECTION
2.9 (Sportal COMMUNICATIONS) OF THE TERMS BELOW CONTAINS YOUR OPT-IN
CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA
E-MAIL. PLEASE BE AWARE THAT THE TERMS BELOW CONTAIN PROVISIONS GOVERNING
HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS
AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE
PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS
AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. Accounts
Account Creation. In order to access certain Services, you must register
for an account (“Account”) and provide certain information about yourself.
You represent and warrant that: (a) all Account information you submit is
truthful and accurate, and (b) you will maintain the accuracy of such
information. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Sportal has reasonable grounds to suspect
that any information you provide is untrue, inaccurate, not current or
incomplete, Sportal has the right to suspend or terminate your Account and
refuse any and all current or future use of the Services (or any portion
thereof). You agree not to create an Account or use the Services if you
have been previously banned from any of the Services by Sportal. You may
delete your Account at any time, for any reason, from the “Account” page
on the Site. Sportal may suspend or terminate your Account in accordance
with Section 11. Account Responsibilities. You are responsible for
maintaining the confidentiality of your Account login information and for
all activities that occur under your Account. You agree to immediately
notify Sportal of any unauthorized use, or suspected unauthorized use of
your Account or any other breach of security. You may not share your
Account login or password with anyone, and you agree to exit from your
Account at the end of each session. Sportal cannot and will not be liable
for any loss or damage arising from your failure to comply with this. Your
Account. Notwithstanding anything to the contrary in the Terms, you
acknowledge and agree that you shall have no ownership or other property
interest in your Account, and you further acknowledge and agree that all
rights in and to your Account are and shall forever be owned by and inure
to the benefit of Sportal. Necessary Equipment and Software. You must
provide all equipment and software necessary to connect to the Services,
including but not limited to, a mobile device that is suitable to connect
with and use the Mobile App. You are solely responsible for any fees,
including Internet connection or mobile fees, that you incur when
accessing the Services. Use of the Services The Services are protected by
applicable intellectual property laws. Unless subject to a separate
license between you and Sportal, your right to use any and all Services is
subject to the Terms. Sportal Software. Subject to your compliance with
the Terms, Sportal grants you a limited, non-assignable, non-transferable,
non-sublicensable, revocable, non-exclusive license to use, access and
download (as applicable) the Software on computer equipment you own or
control solely for your own personal, noncommercial use including to make
your computer available to other individuals on a hosted basis, and solely
to stream content that you own or otherwise have the right to use and
stream. Updates. You understand that the Services are evolving. As a
result, Sportal may require you to accept updates to Services that you
have installed on your computer or mobile device. You acknowledge and
agree that Sportal may update the Services with or without notifying you.
You may need to update third-party software from time to time in order to
use the Services. Restrictions. The licenses granted in prior sections are
subject to the following restrictions: (a) you may not license, sell,
rent, lease, transfer, assign, distribute, or commercially exploit the
Services, in whole or in part, or any content displayed on the Services;
(b) you may not modify, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Services; (c) you may not
access the Services in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, you may
not copy, reproduce, distribute, republish, download, display, post or
transmit in any form or by any means any part the Services. Unless
otherwise indicated, any future release, update, or other addition to
functionality of the Services will be subject to the Terms. All copyright
and other proprietary notices on the Services (or on any content displayed
on the Services) must be retained on all copies thereof. Modification.
Sportal reserves the right, at any time, to modify, suspend, or
discontinue all or any elements of the Services (in whole or in part) with
or without notice to you. You agree that Sportal will not be liable to you
or to any third party for any such modification, suspension, or
discontinuation. No Support or Maintenance. You acknowledge and agree that
Sportal will have no obligation to provide you with any support or
maintenance in connection with the Services. Third-Party Materials. As a
part of the Services, you may have access to materials that are hosted by
another party. You agree that it is impossible for Sportal to monitor such
materials and that you access these materials at your own risk. Ownership.
1. Excluding any User Content (defined below) that you may provide, you
acknowledge that all intellectual property rights, including copyrights,
patents, trademarks, and trade secrets, in the Services and their content
are owned by Sportal or Sportal’s suppliers. Neither these Terms nor your
access to the Services transfers to you or any third party any rights,
title or interest in or to such intellectual property rights, except for
the limited licenses granted in prior sections. Privacy Any information
that you provide to Sportal, as well as any information that Sportal
otherwise collects via the Services and your use of them, is subject to
our Privacy Policy, which governs our collection and use of such
information. You understand that through your use of the Services you
consent to the collection and use (as set forth in the Privacy Policy) of
this information. Responsibility for Content User Content. “User Content”
means any information and content that a user submits to, or uses with,
the Services (including content streamed through the Software, content
submitted to message boards, content emailed, transmitted, or otherwise
make available through equivalent areas of the Site). You are solely
responsible for your User Content, including owning copies of all games
that you host via the Software. You assume all risks associated with use
of your User Content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your User Content that
personally identifies you or any third party. You hereby represent and
warrant that your User Content does not and will not violate the
Acceptable Use Policy, and that you are either the creator and owner of
the User Content or have sufficient rights and authority to make your User
Content available as contemplated by these Terms, including to stream the
User Content through the Software. You may not represent or imply to
others that your User Content is in any way provided, sponsored or
endorsed by Sportal. Unless otherwise specified with respect to a
particular Sportal offering, Sportal is not obligated to backup any User
Content, and your User Content, to the extent stored on Sportal equipment,
may be deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your
User Content if you desire. License. To the extent that you provide User
Content to Sportal (in connection with reviews, communications with other
members, message boards, etc.), you hereby grant (and represent and
warrant that you have the right to grant) Sportal an irrevocable,
non-exclusive, royalty-free and fully-paid-up, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative
works of, incorporate into other works, and otherwise use and exploit such
User Content, and to grant sublicenses of the foregoing rights, in
connection with the operation and improvement of the Services. You hereby
irrevocably waive (and agree to cause to be waived) any claims and
assertions of moral rights or attribution with respect to your User
Content. For the sake of clarity, Sportal does not, and will not (unless
required by law), record User Content streamed over the service or
otherwise use, disclose, or share such streamed User Content with any
third parties. Acceptable Use Policy. You agree not to use the Services to
collect, upload, transmit, display, stream, or distribute any User Content
(i) that violates any third party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; (ii)
that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive,
promotes racism, bigotry, hatred, or physical harm of any kind against any
group or individual or is otherwise objectionable; (iii) that is harmful
to minors in any way; (iv) that is in violation of any law, regulation, or
obligations or restrictions imposed by any third party; or (v) that you do
not have the right to so collect, upload, transmit, display, stream, or
distribute. In addition, you agree not to: (i) upload, transmit, or
distribute to or through the Services any computer viruses, worms, or any
software intended to damage or alter a computer system or data; (ii) send
through the Services unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or
otherwise; (iii) use the Services to harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses,
without their consent; (iv) interfere with, disrupt, or create an undue
burden on servers or networks connected to the Services, or violate the
regulations, policies or procedures of such networks; (v) attempt to gain
unauthorized access to the Services (or to other computer systems or
networks connected to or used together with the Services), whether through
password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Services; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Services,
or to generate automated searches, requests, or queries to (or to strip,
scrape, or mine data from) the Site (provided, however, that we
conditionally grant to the operators of public search engines revocable
permission to use spiders to copy materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives
of such materials, subject to the parameters set forth in our robots.txt
file). Sportal takes no responsibility and assumes no liability for any
User Content or for any loss or damage resulting therefrom, nor is Sportal
liable for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter in User
Content when using the Services. Your use of the Services is at your own
risk. In addition, these rules do not create any private right of action
on the part of any third party or any reasonable expectation that the
Services will not contain any content that is prohibited by these Terms.
Enforcement. We reserve the right (but have no obligation) to investigate
and/or take appropriate action against you in our sole discretion with
respect to your User Content if you violate the Acceptable Use Policy or
any other provision of these Terms. Such action may include removing or
modifying your User Content, terminating your Account in accordance with
Section 11, and/or reporting you to law enforcement authorities. Feedback.
If you provide Sportal with any feedback or suggestions regarding the
Services (“Feedback”), you hereby assign to Sportal all rights in such
Feedback and agree that Sportal will have the right to use and fully
exploit such Feedback and related information in any manner it deems
appropriate. Sportal will treat any Feedback you provide to Sportal as
non-confidential and non-proprietary. You agree that you will not submit
to Sportal any information or ideas that you consider to be confidential
or proprietary. Payment. You agree to pay the applicable fees or charges
to your Account via Stripe or another third party payment services
provider used by Sportal. Any agreement you have with your payment
provider will govern your use of your specified payment method. Sportal
reserves the right at any time to change its prices and billing methods,
either immediately upon posting on the Services or by e-mail delivery to
you. You will be required to provide a valid credit, charge or debit card
number from a card issuer that we accept as a condition to signing up for
any paid subscription Services – your authorizations in this section also
apply to our third party payment processor and any other company who acts
as a billing agent for us. Taxes. The Service Subscription Fees do not
include any Sales Tax that may be due in connection with the subscription
Services, and you are solely responsible for the payment of all such Sales
Taxes and you agree to indemnify Sportal for any liability or expense
Sportal may incur in connection with such Sales Taxes. If Sportal
determines it has a legal obligation to collect a Sales Tax from you in
connection with such Services, Sportal may collect such Sales Tax in
addition to the payments required under the Terms. Upon Sportal’s request,
you will provide it with official receipts issued by the appropriate
taxing authority, or other such evidence that you have paid all applicable
taxes. For purposes of this section, “Sales Tax” shall mean any sales or
use tax and any other tax measured by sales proceeds that is the
functional equivalent of a sales tax where the applicable taxing
jurisdiction does not otherwise impose a sales or use tax. Indemnification
You agree to indemnify and hold Sportal (and its officers, employees,
agents, suppliers, and licensors) harmless, including costs and attorneys’
fees, from any claim or demand made by any third party due to or arising
out of (a) your use of the Services, (b) your violation of the Terms, (c)
your violation of applicable laws or regulations, or (d) your User
Content. Sportal reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims.
You agree not to settle any indemnifiable matter without our prior written
consent. Sportal will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it. Other Users Access
and Security. The Software allows users to share access to their computers
in order to stream content. You are responsible for the User Content you
make available via the Services as set forth in Section 4, and you are
responsible for determining the appropriate access settings to your
computer running the Services for individuals you invite to access your
computer using the Services. THE SOFTWARE FUNCTIONS BY ALLOWING GUESTS
ACCESS TO CERTAIN FUNCTIONS OF THE HOST COMPUTER, SUCH AS THE MOUSE AND
KEYBOARD. THE DEFAULT SOFTWARE SETTING RESTRICTS GUEST ACCESS TO ONLY
THOSE FUNCTIONS NECESSARY FOR THE PROPER PERFORMANCE OF THE SOFTWARE. YOU
ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATE LEVEL OF ACCESS TO
YOUR COMPUTER, AND FOR ANY CONSEQUENCES, INCLUDING LOSS OF DATA, VIRUS OR
MALWARE INFECTION, UNAUTHORIZED USE, OR OTHER ACTS OF INDIVIDUALS WHO YOU
ALLOW TO ACCESS YOUR COMPUTER THROUGH THE SOFTWARE. Responsibility.
Sportal does not monitor and is not responsible for any User Content that
is streamed over the Services or any loss or damage that results from its
use to share computers. Each user is solely responsible for his or her own
User Content. We make no guarantees regarding the accuracy, currency,
suitability, or quality of any User Content. Your interactions with other
users are solely between you and such users. You agree that Sportal will
not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any user, we are
under no obligation to become involved. Release You hereby release and
forever discharge Sportal and our officers, employees, agents, successors,
and assigns (collectively, the “Sportal Parties”) from, and hereby waive
and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Services (including any
interactions with, or act or omission of, other users). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542
IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.” This Section 8 shall not apply to subscribers of Sportal Teams.
Disclaimers As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES
ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Sportal (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR
WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE Sportal PROPERTIES, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. FROM TIME TO TIME, Sportal MAY OFFER NEW “BETA”
FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR
TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY
WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Sportal’S
SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO
SUCH FEATURES OR TOOLS. Limitation on Liability TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT WILL Sportal (OR OUR SUPPLIERS) BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF
PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR
RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES,
EVEN IF Sportal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO $100. THE EXISTENCE
OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR
SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO
THE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Sportal
AND YOU. Term and Termination Subject to this Section, these Terms will
remain in full force and effect while you use any Services. You hereby
acknowledge and agree that the Terms commenced on the earlier to occur of
(a) the date you first used the Services or (b) the date you accepted the
Terms, and will remain in full force and effect while you use any
Services, unless earlier terminated in accordance with the Terms. If
timely payment cannot be charged to your payment provider for any reason,
if you have materially breached any provision of the Terms, or if Sportal
is required to do so by law, Sportal has the right to, immediately and
without notice, suspend or terminate any Services provided to you. You
agree that all terminations for cause shall be made in Sportal’s sole
discretion and that Sportal shall not be liable to you or any third party
for any termination of your Account. If you want to terminate the Services
provided by Sportal, you may do so by (a) notifying Sportal at any time
and (b) closing your Account for all of the Services that you use. Your
notice should be sent, in writing, to Sportal’s address set forth below.
THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS
YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN
SECTION 5.6. Upon termination of your rights under these Terms, your
Account and right to access and use the Services will terminate
immediately. Termination of your Account may involve deletion of User
Content associated with your Account. Sportal will not have any liability
whatsoever to you for any termination of your rights under these Terms,
including for termination of your Account or deletion of your User
Content. All provisions of the Terms which by their nature should survive,
shall survive termination of Services, including without limitation,
ownership provisions, warranty disclaimers, and limitation of liability.
International Users The Services can be accessed from countries around the
world and may contain references to services and content that are not
available in your country. These references do not imply that Sportal
intends to announce such services or content in your country. The Services
are controlled and offered by Sportal from its facilities in the United
States of America. Sportal makes no representations that the Services are
appropriate or available for use in other locations. Those who access or
use the Services from other countries do so at their own volition and are
responsible for compliance with local law. Copyright Policy Sportal
respects the intellectual property of others and asks that users of the
Services do the same. In connection with the Services, we have adopted and
implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination, in
appropriate circumstances, of users of the Services who are repeat
infringers of intellectual property rights, including copyrights. If you
believe that one of our users is, through the use of the Services,
unlawfully infringing the copyright(s) in a work, and wish to have the
allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent: your physical or electronic
signature; identification of the copyrighted work(s) that you claim to
have been infringed; identification of the material on our services that
you claim is infringing and that you request us to remove; sufficient
information to permit us to locate such material; your address, telephone
number, and e-mail address; a statement that you have a good faith belief
that use of the objectionable material is not authorized by the copyright
owner, its agent, or under the law; and a statement that the information
in the notification is accurate, and under penalty of perjury, that you
are either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner. Please
note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorney’s fees
incurred by us in connection with the written notification and allegation
of copyright infringement. Third-Party Services Third-Party Providers.
Sportal uses Stripe, Inc. and its affiliates as its third party service
provider for payment services (e.g., card acceptance, merchant settlement,
and related services). When purchasing a subscription to any of the
Services, you agree to be bound by Stripe’s Privacy Policy (currently
accessible at https://stripe.com/us/privacy) and its Terms of Service
(currently accessible at https://stripe.com/us/terms) and hereby consent
and authorize Sportal and Stripe to share any information and payment
instructions you provide to the minimum extent required to complete your
transactions. General Changes. These Terms are subject to occasional
revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us (if
any), and/or by prominently posting notice of the changes on this page and
elsewhere in the Services. If the last e-mail address that you have
provided us is not valid, or for any reason is not capable of delivering
to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the changes
described in the notice. Any changes to these Terms will be effective upon
the earlier of thirty (30) calendar days following our dispatch of an
e-mail notice to you (if applicable) or thirty (30) calendar days
following our posting of notice of the changes on this page and in the
Services. These changes will be effective immediately for new users of the
Services. Continued use of the Services following notice of such changes
will indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes. Dispute Resolution.
Please read this Section (the “Arbitration Agreement”) carefully. It is
part of your contract with Sportal and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding
claims for injunctive or other equitable relief as set forth below) in
connection with the Terms or the use of any product or service provided by
Sportal that cannot be resolved informally or in small claims court will
be resolved by binding arbitration on an individual basis under the terms
of this Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings will be held in English.This Arbitration Agreement applies to
you and Sportal, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms. Additional Rules for Non-Appearance Based
Arbitration. If non-appearance-based arbitration is elected, the
arbitration will be conducted by telephone, online and/or based solely on
written submissions; the specific manner will be chosen by the party
initiating the arbitration. The arbitration will not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties. Time Limits. If you or Sportal pursue arbitration, the
arbitration action must be initiated and/or demanded within the statute of
limitations (i.e., the legal deadline for filing a claim) and within any
deadline imposed under the AAA Rules for the pertinent claim. Authority of
Arbitrator. If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and Sportal, and the dispute will
not be consolidated with any other matters or joined with any other cases
or parties. The arbitrator will have the authority to grant motions
dispositive of all or part of any claim. The arbitrator may award monetary
damages, and grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and the Terms. The
arbitrator will issue a written award and statement of decision describing
the essential findings and conclusions on which the award is based,
including the calculation of any damages awarded. The arbitrator has the
same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding
upon you and Sportal. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes
will be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less
costly than rules applicable in a court and are subject to very limited
review by a court. In the event any litigation should arise between you
and Sportal in any state or federal court in a suit to vacate or enforce
an arbitration award or otherwise, YOU AND Sportal WAIVE ALL RIGHTS TO A
JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE
USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE
OF ANY OTHER USER. If a decision is issued stating that applicable law
precludes enforcement of any of this section’s limitations as to a given
dispute, claim, or request for relief, then such aspect must be severed
from the arbitration and brought into the State or Federal Courts located
in the State of New York. All other disputes, claims, or requests for
relief shall be arbitrated. Confidentiality. All aspects of the
arbitration proceeding, including the award of the arbitrator and
compliance therewith, will be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph
will not prevent a party from submitting to a court of law any information
necessary to enforce this Arbitration Agreement or an arbitration award,
or to seek injunctive or equitable relief. Severability. If any part of
this Arbitration Agreement are found to be invalid or unenforceable by a
court of competent jurisdiction, then such specific part or parts will be
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Such waiver will not waive or affect any other portion of this Arbitration
Agreement. Small Claims Court.Notwithstanding the foregoing, either you or
Sportal may bring an individual action in small claims court. Emergency
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emergency equitable relief before a state or federal court in order to
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foregoing Arbitration Agreement permits the parties to litigate in court,
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