ROUTETREE TERMS OF SERVICE
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
1. ACCEPTANCE OF TERMS AND AMENDMENTS
League of Dignity LLC, d/b/a Routetree at Routetree.com ("Routetree") provides the Routetree Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated or amended by us from time to time without notice to you. You can review the most current version of the TOS at any time by navigating through Routetree.com, going to www.routetree.com/terms or emailing us at support@routetree.com. By accessing and using the Routetree Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, you and Routetree shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF ROUTETREE SERVICES
Routetree.com and the Routetree Services are an interactive online service (the "Service" or "Services") on the World Wide Web (address: http://www.routetree.com) operated by Routetree. The Routetree Service offers users access to (i) information, software and other content owned or licensed by Routetree or third-parties ("Content Providers"), and, from time to time, (ii) merchandise and services offered by independent merchants ("Merchants") or Routetree. We are constantly changing and improving the Routetree Services. We may add, alter or remove functionalities or features, and we may suspend or stop the Routetree Service altogether.
The right to use the Service is personal to you and is not transferable. You also understand and agree that the Routetree Services may include advertisements and certain communications from Routetree such as service announcements, administrative messages, Routetree advertisements, and messages relating to fantasy sports services, and that these communications are considered part of Routetree membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Routetree Services, shall be subject to the TOS. You understand and agree that the Routetree Services are provided "AS-IS" and that Routetree assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Routetree Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Routetree Services. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Routetree Services, you represent that you are at least 18 years old, of legal age to form a binding contract and are not a person barred from receiving the Routetree Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Routetree Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Routetree has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Routetree has the right to suspend or terminate your account and refuse any and all current or future use of the Routetree Services (or any portion thereof).
4. ROUTETREE PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Routetree Privacy Policy, if any, at www.routetree.com/m/privacy. In addition, you understand that through your use of the Routetree Services you consent to the collection, storage and use of your Registration Data and other data and information submitted to Routetree.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Routetree Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Routetree of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Routetree cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge, consent and agree that Routetree may access, preserve and disclose your account information, Account Data and Content (as described below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests, or any other person's requests, for customer service; or (v) protect the rights, property or personal safety of Routetree, its users and the public.
6. CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, images, comments, feeds, intellectual property or other materials ("Content"), whether publicly posted or privately transmitted, by Routetree, you or any third-party, are the sole responsibility of the person from whom such Content originated. This means that you, and not Routetree, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Routetree Services. In some instances, Routetree does not control the Content posted via the Routetree Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Routetree Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Routetree be liable in any way for any Content, including, but not limited to, any errors, misrepresentations or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, posts, fed, transmitted or otherwise made available via the Routetree Services.
You acknowledge that Routetree may or may not pre-screen Content, but that Routetree and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Routetree Services. Without limiting the foregoing, Routetree and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Routetree, made available on the Routetree Services by any third-party, or submitted to Routetree.
Any unauthorized reproduction, publication, further distribution or public exhibition of the Content and materials provided on the Routetree Services, in whole or in part, is strictly prohibited. With respect to Content that you submit or make available for inclusion on publicly accessible areas of the Routetree Service,including, without limitation, any photos, videos, messages, images or posts you submit or make available for inclusion on the Routetree Services, you grant Routetree the worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Routetree Services.
7. ACCURACY OF INFORMATION
STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE ROUTETREE SERVICES ARE UNOFFICIAL. The information, statistics and data offered through the Routetree Services are for informational and/or entertainment purposes only. While Routetree and the third parties used to provide the fantasy football related statistics, information, news and data (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither Routetree nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Routetree Service. Routetree and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any statistics or information transmitted or made available via the Routetree Service, and shall not be responsible or liable for any error or omissions in that information.
8. FEED READER AND FEED SERVICES
Routetree offers the option of viewing various third-party news, Content, links and social media feeds and data through its feed reader service (the "Feeds"). Routetree is not liable for the content or links provided in any Feed and does not purport to make any representations about the accuracy, safety or usefulness of any contents or link in any Feed.
You agree not to use any Feeds in any way that violates a Feed provider's terms of service or other rules, regulations or guidelines of that Feed provider. You further agree not to use any Feeds, or any content provided thereby, in any way that violates any applicable laws including any laws relating to intellectual property rights. You further acknowledge that it is your responsibility to be familiar with the terms of service applicable to any Feed. You also agree not to use the Routetree Services to retransmit any Feed data.
9. PROHIBITED USER CONDUCT
You agree to not use the Routetree Services to:
upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Routetree official, agent or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Routetree Service;
upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
use the Routetree Service, or information gathered therein, to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Routetree Services or servers or networks connected to the Routetree Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Routetree Services;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct in this section;
Routetree's Services are for entertainment purposes only and may not be used in connection with any form of gambling or wagering;
you agree not to "scrape" any data or information provided via the Routetree Services, including, without limitation, any statistics, Feeds, news or player information;
If you own, operate or work for a business that operates a fantasy football service that provides league management, commissioner or similar services that allow users to participate in a fantasy football league, you agree not to access or use the Routetree Services to perform competitive research regarding Routetree;
you agree not to use the Routetree Service to spam or send unsolicited emails to Routetree's customers or any other party.
you further agree not to use "robots" or otherwise harvesting other's email addresses from the Routetree site.
10. CONTRIBUTIONS AND SUBMISSIONS TO ROUTETREE
By submitting ideas, suggestions, documents and/or proposals ("Contributions") to Routetree through email, its suggestion or feedback webpages, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Routetree is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Routetree shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Routetree may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Routetree without any obligation of Routetree to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Routetree under any circumstances.
11. USER DISAGREEMENTS
You are solely responsible for your involvement with other users of the Routetree Service. If you have a dispute with one or more users, you release Routetree and Routetree's owners, officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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."
12. INDEMNITY
You agree to indemnify and hold Routetree and its subsidiaries, affiliates, officers, agents, employees, partners, owners, members, contractors and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Routetree Services, your use of the Routetree Services, your connection to the Routetree Services, your violation of the TOS, your use of the Routetree Services, or your violation of any rights of another.
13. NO COMMERCIAL USE OF ROUTETREE SERVICES
Any use by you of any of the Routetree Service and Content available therein other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Routetree Service. You further agree not to use the Routetree Service, access to the Routetree Service, or Content obtained through the Routetree Service, for any purpose other than for your personal, private, non-commercial purposes.
14. ROUTETREE'S USE AND STORAGE OF YOUR DATA AND LEAGUES
You acknowledge that Routetree may or may not establish general practices and limits concerning use of the Rountree Services, including without limitation the maximum number of days that data or information relating to any particular fantasy game or league ("Data"), email messages, message board postings or uploaded Content will be retained by the Routetree Services, the maximum disk space that will be allotted on Routetree servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Routetree Services in a given period of time. You agree that Routetree has no responsibility or liability for the deletion or failure to store any Data or Content maintained or transmitted by the Routetree Services. You acknowledge that Routetree reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Routetree reserves the right to modify these general practices and limits from time to time. Your agreement to this TOS constitutes your consent to allow Routetree to store any communications you make using the Routetree Services.
15. MODIFICATIONS TO ROUTETREE SERVICES
Routetree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Routetree Services (or any part thereof) with or without notice. You agree that Routetree shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Routetree Services (or any part thereof).
16. TERMINATION
You may terminate your Routetree account, any associated email address and access to the Routetree Services by submitting such termination request to Routetree.
You agree that Routetree may, without prior notice, immediately terminate, limit your access to or suspend your Routetree account, any associated email address, and access to the Routetree Services for the following reasons: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Routetree Services (or any part thereof), (d) technical, equipment, safety or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Routetree Services. Further, you agree that all terminations, limitations of access and suspensions shall be made in Routetree's sole discretion and that Routetree shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Routetree Services.
Termination of your Routetree account includes any or all of the following: (a) removal of access to all or part of the offerings within the Routetree Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring or limiting your use of all or part of the Rouetree Services.
In the event that your use of the Routetree Services is terminated, you acknowledge and agree that Routetree's sole liability to you, if any, would be limited to the amount of any signup fees you may have paid, and not for any incidental, consequential, indirect, special or exemplary damages (even if Routetree has been advised of the possibility of such damages) arising from or relating to your involvement in, or Routetree's decision to terminate, your access to the Routetree Service.
17. LINKS AND ADVERTISERS
The Routetree Services, including but not limited to any Feeds, may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Routetree is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Routetree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such links, Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Routetree Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Routetree shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Routetree Services.
18. ROUTETREE PROPRIETARY RIGHTS
You acknowledge and agree that the Routetree Services and any necessary software used in connection with the Routetree Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by Routetree or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, use for commercial purposes, broadcast, publicly perform or create derivative works based on the Routetree Services, such Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Routetree Services. You agree not to access the Routetree Services by any means other than through the interface that is provided by Routetree for use in accessing the Routetree Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE ROUTETREE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ROUTETREE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROUTETREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OWNERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ROUTETREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ROUTETREE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ROUTETREE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROUTETREE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ROUTETREE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROUTETREE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROUTETREE OR THROUGH OR FROM THE ROUTETREE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ROUTETREE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ROUTETREE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ROUTETREE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ROUTETREE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROUTETREE AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, ATTORNEYS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROUTETREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ROUTETREE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ROUTETREE SERVICE; (e) LOSSES RELATED TO YOUR PARTICIPATION IN ANY FANTASY FOOTBALL LEAGUE OR (e) ANY OTHER MATTER RELATING TO THE ROUTETREE SERVICE.
IN NO EVENT SHALL ROUTETREE OR ITS AFFILIATES, OWNERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ROUTETREE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID ROUTETREE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
23. TAXES
You are solely responsible for paying any governmental taxes imposed on your use of the Routetree Service, including, but not limited to, sales, use or value-added taxes. To the extent Routetree is obligated to collect such taxes or send forms to you, the applicable tax or withholding may be debited from your account and the applicable forms shall be sent to you. Notwithstanding the foregoing, you are solely responsible for paying all taxes in accordance with the laws and regulations that apply in your jurisdiction (including without limitation state, province, and/or country of residence).
24. NOTICE
Routetree may provide you with notices, including those regarding changes to the TOS (although no such notice is required), including by but not limited to the following methods: email, regular mail, SMS, MMS, text message, postings on the Routetree Services, or other reasonable means now known or hereafter developed. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices should Routetree provide such notice via any of the above described methods. Notices to Routetree shall be provided in writing addressed to Routetree's address listed below in these TOS.
25. TRADEMARK INFORMATION
You agree that all of Routetree trademarks, trade names, service marks and other Routetree logos and brand features, and product and service names are trademarks and the property of Routetree (the "Routetree Marks"). Without Routetree's prior permission, you agree not to display or use in any manner the Routetree Marks.
26. AGREEMENT TO ARBITRATION AND DISPUTE RESOLUTION
Any controversy, dispute, cause of action or claim stemming from, arising out of or relating to your use of Routetree Services, the TOS, or a breach of the TOS, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be in either Los Angeles or San Francisco California, to be determined at the sole discretion of Routetree, or any other mutually agreeable location. The arbitration shall be governed by the laws of the State of California.
Unless the parties agree otherwise, to the extent possible to conduct a fair and efficient arbitration, which to be decided by the discretion of the arbitrator, the arbitration shall be conducted by telephone, video conference, online and/or by written submissions and shall not require any personal appearance by the parties or witnesses.
Improperly Filed Claims. Any claim, complaint, lawsuit or litigation you bring against Routetree or Routetree brings against you (collectively a "Claim") must be resolved in accordance with this paragraph. Any Claim asserted or filed contrary to this paragraph shall be considered improperly filed. Should either party file a Claim contrary to this section (the "Claiming Party"), the responding party ("Responding Party") shall be entitled to recover its incurred attorney's fees (at it's attorneys regularly charged rates) and costs (including travel costs) in defending against the Claim (including, if necessary, all costs and fees associated with compelling, or removing the Claim to, arbitration) to the maximum extent permitted by law, provided that that Responding Party has provided notice to the Claiming Party in writing of the improperly filed claim, and the Claiming Party fails to withdraw and dismiss the Claim within seven business days of receipt of such notice.
27. CHOICE OF LAW AND EXCLUSIVE FORUM
You and Routetree each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions.
As described in paragraph 26 of this agreement, and pursuant to its terms, all Claims stemming from, arising out of or relating to the Routetree Services or the TOS shall be subject to arbitration. However, in the event a Claim is brought in any court, whether proper or not under the arbitration provisions of this TOS, you and Routetree agree that any and all Claims, causes of action or disputes (regardless of theory) stemming from, arising out of or relating to the TOS or the Routetree Services that are not arbitrated (including any actions to enforce an arbitration award, if necessary) shall be brought exclusively in either the courts located in the county of Los Angeles or San Francisco, California or the U.S. District Court for the Central or Northern District of California. You and Routetree agree to submit to the personal jurisdiction and venue of the courts located within the county of Los Angeles or San Francisco, California or the Central or Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Should the provisions in this paragraph conflict with any of the arbitration provisions of this TOS, including those in paragraph 26, the arbitration provisions and paragraph 26 shall control.
28. OTHER PROVISIONS
Entire Agreement. The TOS constitutes the entire agreement between you and Routetree and governs your use of the Routetree Services, superseding any prior version of this TOS between you and Routetree with respect to the Routetree Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Routetree services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Routetree to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Routetree account is non-transferable and any rights associated therewith terminate upon your death.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action stemming from, arising out of or related the Routetree Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Digital Millenium Copyright Act Compliance. It is Routetree's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Routetree will promptly terminate without notice any user's access to the Routetree Service if that user is determined by Routetree to be a "repeat infringer." A repeat infringer is a user who has been notified by Routetree of infringing activity violations more than twice and/or who has had a user submissions or any other user-submitted content removed from the Routetree Service more than twice. If you believe that your copyright has been infringed on the Routetree Service, please send a "DMCA" compliant notice to support@Routetree .com
Section Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Survival. The provisions of this Agreement will survive the termination of the Agreement or your Account, whether by you or by Routetree.
29. NOTICE TO CALIFORNIA USERS:
As required by California Code Section 1789.3, this notice is to advise you of the following: a. Routetree and Routetree.com is a service provided by League of Dignity LLC., 686 12th ave. San Francisco, CA. 94118. The fees and charges for the Service vary depending on the features and tournaments selected by the Account Holder, but users will generally be required to pay a signup fee in order to continue using the Service. Routetree reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time. If you have a complaint regarding the Service or desire further information on use of the Service, contact Rouetree at support@routetree.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 (or in the alternative (800) 952-5210).