Terms of Service
1. ACCEPTANCE OF TERMS OF SERVICE
1.1. Binding Agreement
These Terms of Service (“Terms”) constitute a binding legal agreement between you and LeagiON Games (“LeagiON”, “we”, “us”, or “our”), and governs your access and use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location including our website, https://leagiongames.com/ (“Website”), downloadable mobile application, right to participate in online gaming challenges and tournaments (“Challenges”) hosted via our Website and/or mobile application, and any other applications, tools, products, and services that we may provide from time to time (collectively the “Services”).
By accessing the Services, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside, (ii) are physically located in a jurisdiction in which participation in the Challenges is not prohibited by applicable law, and (iii) agree to at all times abide by these Terms, including, but not limited to, all of the eligibility requirements to register an account (“Account”) and use the Website and Services.
1.4. CONSENT TO ARBITRATION/NOTICE OF WAIVER OF CLASS ACTION
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LEAGION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
2.1. Modification of Terms
We reserve the right to amend or replace any part of these Terms at any time, without prior notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you object to any such changes, your sole recourse is to cease accessing the Website and/or using the Services.
2.2. Modification of Services
We reserve the right to change, modify, or terminate the Services at any time. We will not be liable if for any reason all or any part of the Service is restricted or made unavailable at any time or for any period.
3. ACCOUNT REGISTRATION AND SECURITY
3.2. Account Not a Bank Account
Your account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Deposits and prizes after Challenges are finished are held in a separate, segregated bank account. We use third-party electronic payment processors to process financial transactions executed through your use of the Services. You irrevocably authorize us to instruct such processors to handle deposits and withdrawals from your account and irrevocably agree that we may give such instructions on your behalf in accordance with your requests, or as consequence of your activity regarding use of the Services.
3.3. Password Security
You are responsible for keeping your Account information secure and we do not assume any responsibility for maintaining the confidentiality of your password. We reserve the right to disable any Account if, in our reasonable opinion, your Account information has been compromised. You remain fully liable for any actions taken in respect to your Account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your Account.
3.4. One Account Only
You may only register for a single Account and may not use or access multiple Accounts at the same time. The use or creation of any additional accounts will result in suspension and/or termination of your use of the Services. You may not allow any other person to (i) access your Account; (ii) access Services through your Account; or (iii) accept or use prizes form your Account. Neither your Account nor prizes won from participating in Challenges through your Account are transferable to any other person or account.
3.5. Suspension or Termination of Account
3.6. Account Deletion
You may delete your Account by emailing us at email@example.com with your deletion request and following the instructions we provide you.
3.7. General Matters Concerning Your Account
LeagiON may act upon any communication that is given through your Account. LeagiON is not required to verify the actual identity or authority of a person using your Account, but LeagiON may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if LeagiON is not satisfied with the verification. If LeagiON, in its discretion, considers your Account to be unsecure or to have been used inappropriately, LeagiON may immediately cancel the Account without any notice to you.
4.1. Challenge Rules
LeagiON provides you the opportunity to participate in Challenges through which you may compete in certain online multiplayer game titles (“Games”) against other entrants. The rules of these Challenges are set out in the rules applicable to each Challenge (the “Challenge Rules”) and are incorporated by reference into and form part of these Terms. Participation in a Challenge and receipt of any prize is contingent on your compliance with these Terms, including the Challenge Rules. We reserve the right to disqualify you from any Challenge due to a violation by you of these Terms, including the Challenge Rules.
LeagiON reserves the right, in its sole and absolute discretion, to deny you the ability to participate in Challenges for any reason whatsoever. Further, LeagiON may, in its sole and absolute discretion, invalidate any Challenge result for the purposes of preventing any violation (or risk of violation) of these Terms, Challenge Rules, abusive and/or any unfair or potentially unlawful activity.
4.2. Challenge Availability and Restrictions
You will be able to visit the Website and view the Challenges available for entry. Each Challenge that is not free to enter will have an entry fee listed in US Dollars. When you select to participate in a Challenge and complete the entry process, the applicable entry fee will be debited from your Account.
You acknowledge that various rules, regulations and laws addressing contests and tournaments with entry fees and/or prizes govern your participation in Challenges (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. The Challenges are not available to any individuals residing in any jurisdiction where participation in a Challenge is prohibited by law (“Prohibited Jurisdictions”). If you reside or are present in a Prohibited Jurisdiction, you are not permitted to access a Challenge. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction.
SERVICES AND CHALLENGES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. Your participation in Challenges is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation.
4.3 Games of Skill
Challenges offered on the Website are games of skill. Winners are determined by the objective criteria described in the Challenge Rules, scoring, and any other applicable documentation associated with the Challenge. All winning outcomes are based on the user’s performance and use of relative skill required to best his/her opponent(s). The Website, Services, or Challenges may not be used for any form of illicit gambling.
4.4. Entry Fees and Prizes
Entry fees and prizes may vary depending on the Challenge. We encourage you to read Challenge Rules prior to entry. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of a Challenge, we reserve the right in its sole discretion to determine whether or not to award such prizes.
Challenge results and prize calculations are based on the final statistics and scoring results at the completion of the Challenge. LeagiON monitors each Challenge’s gaming environment from start to end in order to verify results. Once Challenge results are reviewed and verified, prizes are awarded.
4.5 Suspension and/or Cancellation of Challenges
Prizes will only be awarded if a Challenge is completed. LeagiON reserves the right to cancel Challenges at any time. We reserve the right to withhold prizes and to cancel, suspend, and/or void any entries at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event; (ii) we suspect a breach any of these Terms or Challenge Rules; (iii) the integrity of the Challenge has been called into question; or (iv) collusion between players has, or is believed to have, taken place. In the event of a cancellation, all entry fees will be refunded to the user except as specifically provided in these Terms or applicable Challenge Rules.
5. INTELLECTUAL PROPERTY
5.1 Intellectual Property
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by LeagiON, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If LeagiON blocks you from accessing the Service, you agree not to implement any measures to circumvent such blocking. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of LeagiON, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. LeagiON reserves any rights not expressly granted herein.
LeagiON, and related words and logos, as well as the names of other products or service of LeagiON, are trade names and/or registered trademarks of LeagiON. The names of other companies, products or services referred to in the Services may be the trademarks of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited.
5.2. User Content
Portions of our Website may allow users to post and exchange information and content (such information and content, “User Content”), but LeagiON does not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in your User Content. By submitting or otherwise posting User Content on our Website, you grant LeagiON a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the “User Content License”). You confirm, represent, and warrant to LeagiON that you have all the rights, power, and authority necessary to grant the User Content License and that any User Content you submit to us or otherwise post on our Website is and shall be your own original work or work which you are authorized to supply. When you submit or post any User Content on or through our Website and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that User Content on our Website does not necessarily reflect the views of LeagiON, and LeagiON disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this our website.
You understand that you, and not LeagiON, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via our Website; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. LeagiON does not control User Content and, therefore does not guarantee the accuracy, integrity, or quality of any User Content. You agree that you will not hold LeagiON responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via our website.
5.3. Removal of User Content
LeagiON reserves the right to refuse, remove, modify, or delete any User Content shared in violation of these Terms (hereinafter, “Prohibited Content”). Posting of any Prohibited Content may result in Account suspension or termination, in addition to any other rights or remedies LeagiON may have against you.
6. CONDITION OF PARTICIPATION
6.1 Prohibited Conduct
By entering a Challenge, you agree to be bound by these Terms, the Challenge Rules for such Challenge, and the decisions of LeagiON, which shall be final and binding in all respects. LeagiON, at its sole discretion, may disqualify any entrant from a Challenge, refuse to award benefits or prizes, and/or require the return of any prizes if you engage in conduct or otherwise utilize any information that LeagiON deems to be improper, unfair or otherwise adverse to the operation of the Challenge or is in any way detrimental to other entrants. The following activities are expressly prohibited:
• Submitting false, misleading, or inaccurate personal information to create an Account, enter a Challenge or claim a prize;
• Engaging in any type of financial fraud including unauthorized use of credit instruments to create an Account, enter a Challenge or claim a prize;
• Colluding with any other individual(s) or engaging in any type of syndicate play;
• Any violation of Challenge Rules or the Terms;
• Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a Challenge, entering a Challenge, withdrawing from a Challenge, and/or participating in a Challenge);
• Any type of bonus abuse or abuse of any other offers or promotions;
• Tampering with the administration, operation, or hosting of a Challenge;
• Obtaining other entrants’ information and/or spamming other entrants;
• Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Services
• Abusing the Website or Services in any way.
• Taking any action that infringes or violates LeagiON’s or a third party’s rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward LeagiON or any third party;
• Removing, circumventing, disabling, damaging or otherwise interfering with any features implemented by the Website;
• Attempting to gain unauthorized access to the Website or Services through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;
• Using or accessing the Website or its Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible; or
• Modifying, adapting, translating or creating derivative works based upon the Website or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CHALLENGE IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, LEAGION RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent LeagiON from pursuing criminal or civil proceedings in connection with such conduct.
By accessing the Website or Services, entering into a Challenge or accepting any prize, you agree to indemnify, release and to hold harmless LeagiON, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Challenge, (ii) the receipt, ownership, use or misuse of any prize, (iii) your use or attempted use of the Website and/or the Services; (iv) your violation of these Terms or any Challenge Rules; (v) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
LeagiON is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in a Challenge), including without limitation any injury or damage to you or any other person’s computer or video equipment relating to or resulting from accessing the Website or Services or participation in a Challenge; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
LeagiON reserves the right to move entrants from the Challenges they have entered to substantially similar Challenges in certain situations determined by LeagiON in its sole discretion.
6.3 User Publicity Rights
By entering into a Challenge or accepting any prize, to the extent allowable by law, you grant LeagiON and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. LeagiON may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize.
7. THIRD-PARTY WEBSITES AND SERVICES
7.1. Third Party Websites
7.2. Third Party Services
You agree and acknowledge that participation in a Challenge requires playing online multiplayer games that are operated by third parties unaffiliated with us, against other players on the internet. Certain factors inherent in playing such online multiplayer Games, including, but not limited to, latency and connection errors; bugs, glitches, or programming errors in the Games; the use of unauthorized third-party software such as “cheats” or “hacks” by other players of the Games; and functionality of the Games that matches you with opponents of certain skill levels, may affect your performance and results from playing the Games, and your success in a Challenge. We do not warrant, endorse, guarantee, or assume any responsibility or liability for any such third parties, and you agree that we will not be responsible or liable to you in any way for any actions, errors or omissions of third parties that may have an effect on your performance in any Games or the results of any Challenge.
YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION OUR PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER LEAGION NOR ITS AFFILIATES, NOR LEAGION’S OR ITS AFFLIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS, MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, INCLUDING WITHOUT LIMITATION ITS CONTENTS AND PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER LEAGION NOR ITS AFFILIATES, NOR LEAGION’S OR THE AFFILIATE’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS, REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT LEAGION DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND THAT THE SERVICES MAY NOT BE AVAILABLE IN YOUR LOCAL JURISDICTION. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEAGION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEAGION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LEAGION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LEAGION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to release, indemnify and hold LeagiON and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
11. ARBITRATION AND WAIVER OF CLASS ACTION
11.1. Agreement to Arbitrate
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Website and/or Services, will be resolved exclusively in accordance with the terms set forth herein. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and LeagiON. Legal notices shall be served on LeagiON’s national registered agent (in the case of LeagiON) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your Account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You agree that any and all disputes or claims that have arisen or may arise between you and LeagiON relating in any way to or arising out of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.
11.2. Class Action Waiver; Waiver of Jury
IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND LEAGION AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LEAGION USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND LEAGION’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED.
11.3. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement to Arbitrate. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Agreement to Arbitrate, the applicable terms of this Agreement to Arbitrate will control unless the arbitrator determines that the application of the inconsistent terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Agreement to Arbitrate. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law.
The arbitration shall be held in Las Vegas, Nevada or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or LeagiON may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LeagiON, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
With the exception of any of the provisions contained in Section 11.2, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply
12.1. Consumer Rights
Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived.
All provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the termination or deletion of your Account.
12.3. Entire Agreement
12.4. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with your use of the Services, and LeagiON will have no liability or responsibility with respect thereto. LeagiON reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
No waiver of any of these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
12.6. Governing Law & Venue.
These Terms and the Services are governed and interpreted pursuant to the laws of the State of Nevada, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You submit to the exclusive jurisdiction of the courts of the State of Nevada].
We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person without our express written consent.
If any term or provision of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
12.9. Force Majeure
In no event will LeagiON be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any part of these Terms, in the event such failure or delay is caused by any circumstances beyond LeagiON’s reasonable control, including acts of God, flood, fire, earthquake, extreme weather events, pandemic, epidemic, war, terrorism, invasion, riot or other civil unrest, national or regional emergency, strikes, labor stoppages, any action taken by a governmental or public authority, including any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
LeagiON may give notice to you by email or push notification to the applicable email address or number you provide on your Account or by notice posted on our website. You may provide legal notices to us by letter at: firstname.lastname@example.org.
12.11 Mobile Services
The Services includes certain services that are available via a mobile device. These Terms shall govern your use of the Services via mobile device. We do not warrant that our Website and/or Services will work on all devices.