Last Updated: October 2021
“You," "your," and similar terms refer to users and potential users (collectively, “Users”) who access or use the App, the Site and/or the Services. Your compliance with these Terms is a condition to your use of the App, the Site and/or Services. If you do not or cannot comply with these Terms you are not permitted to use the App, the Site or the Services.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms. If you do not agree to all of these Terms, then you must immediately discontinue your use of the App, the Site and the Services. If these Terms are considered an offer by Fairgame, acceptance is expressly limited to these Terms. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FAIRGAME.
If you are entering into these Terms on behalf of a company, organization or other business entity, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company, organization or other business entity.
1. You are eighteen (18) years of age or older. If you are younger than this, you may not register for or use our Services.
2. You agree to these terms.
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use our Service and to access and use the App and Site (“Permitted Use”). All intellectual property, ownership and other rights of any kind whatsoever in the App, the Site and Services remain our property and are exclusively owned by Fairgame.
Any other use of the Services, App or Site beyond the Permitted Use is prohibited and constitutes unauthorized use of the Services, App and/or Site, as applicable.
Unless you have written permission from us stating otherwise, you are not authorized to use the Services, App or Site in any of the following ways. Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do.
You are not allowed to use the Services, App or Site:
In addition to the above, Fairgame reserves the right to terminate your account at any time at its discretion and without notice.
Unauthorized use of the Services, the App or the Site may result in the violation of various United States and international laws, including copyright laws, the deletion of your Fairgame account, or a block from the Services, the App and Site.
You may sign up for an account through the App or on the Site. Signing up for an account is free; however, we may also offer various paid subscriptions, premium access or fee-based services. We reserve the right to terminate any accounts that have been inactive for over 6 months. Furthermore, we reserve the right to determine whether or not to approve your proposed account based on our discretion.
1 Confirm that this section and the next one regarding subscriptions and fees are accurate based on what you plan to offer.
As part of the account set up process, we will ask you for your information, including name and email address. You agree to provide us with accurate, true, and complete information. Should your information change, you agree to keep it up-to-date.
You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the App or the Ste. Should you believe your password or security for the App or the Site has been breached in any way, you must immediately notify us at [email@example.com].
You agree to pay all applicable fees related to your use of the Services, the App and the Site. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized Services.
The subscription period for paid accounts can be month-to-month, yearly, or another duration described more fully on the Site and the App.
Paid accounts are subject to fees based upon the account type you have selected. For renewals, Fairgame will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Fairgame will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you can cancel your paid account.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW FAIRGAME TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
Paid accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time by contacting customer service at [firstname.lastname@example.org]. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the platform or our Services and you will not be entitled to a refund of any fees that you have already paid.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services, the App and the Site, including without limitation, all applicable gambling laws and regulations. Fairgame reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our [https://fairgamegolf.com/privacy-policy]. You agree to promptly notify Fairgame in the event that you are made aware of any unauthorized or illegal use of the Services, the App or the Site.
Our Services, the App and the Site may contain our copyrights, service marks, trademarks or other intellectual property, as well as those of our affiliates or other companies, in the form of words, graphics, and logos (collectively, “Intellectual Property”). Your use of our Services and/or the App and the Site does not constitute any right or license for you to use such Intellectual Property. The copying, redistribution, use, or publication by you of any portion of our Services, the App or the Site (without written permission from us) is strictly prohibited. Your use of our Services, the App and/or the Site does not grant you ownership rights of any kind in such Services, the App or the Site. Your use of our Services grants you no right or license to reproduce or otherwise use any Intellectual Property belonging to Fairgame, its affiliates, or any third-party partners or service providers.
If you provide us with any suggestions for improvement, comments, or other feedback regarding the Services, the App or the Site (collectively, “Feedback”), you hereby grant to Fairgame a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use,
copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
By using the Services, the App and/or the Site, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services, the App or the Site. These emails are part of your relationship with us.
By signing up for any paid accounts or any fee-based services, you consent to receive emails and other alerts related to such accounts and/or services (e.g., confirmations and reminders).
If you provide your phone number for text reminders, you also consent to receive SMS text reminders from Fairgame related to the accounts and/or services that you have signed up for.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you are able to receive emails from us.
Our App and/or the Site may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our App or the Site does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Fairgame has no control over the legal documents and privacy practices of third-party websites, and by using them, you may be giving those third parties permission to use or control your Personal Information in ways Fairgame would not. As such, you are solely responsible for your decision to access any third-party websites and you do so at your own risk.
Our App and the Site includes public-facing areas in which you can interact with others (“Forums”) and through which you can submit comments, text, images, code and other materials (each, a “Submission”). By submitting a Submission you accept that any information included in the Submission may be accessed and used by others with access to the Forum.
By approving a Submission and publishing it on the Forums, we assume no responsibility for the information in the Submissions on our Forums. We do not endorse the information contained in the Submissions or guarantee its correctness. If you choose to rely on another User’s Submission, you are solely responsible for such decision and you do so at your own risk.
You, and you alone, are responsible for making sure that your Submissions meet the following requirements:
You grant us the right to use your Submissions without any restrictions or compensation to you. This includes, but is not limited to, the right to modify, publish, and display your Submission for any purpose. We may also grant these rights to others.
We reserve the right not to publish a Submission, or to remove a published one, at our own discretion and without notice. We reserve the right, but not the obligation, to review and approve any Submission before publishing it.
We do not guarantee you will be able to edit or remove a Submission. We may provide functionality within the App or the Site to allow you to edit or remove your Submissions. You may also contact [email@example.com] to request removal of your Submission. If we are unable to remove your Submission, we will let you know.
You shall be responsible for obtaining, maintaining, and paying related charges for all equipment and services you need to access and use the App, the Site and the Services.
You alone are responsible for any violation of these Terms by you. You agree to indemnify, defend and hold Fairgame, and its parents, subsidiaries, affiliates, licensors and partners, and each of their respective officers, agents and employees, harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to (i) your
Personal Information, or the use thereof, including but not limited to allegations that any processing of Personal Information by Fairgame and/or you under these Terms violates any applicable law or regulation or infringes the privacy or intellectual property rights of a third party, (ii) any Submissions or other content that you disclose to Fairgame via your use of the Services, the App or the Site, (iii) your use of or reliance on the Submissions or other content of any other User, (iv) your use of the Services, the App and/or the Site or the use or access of the foregoing by anyone using your username and password, (v) your use of or access to any third party software or service utilized in connection with the Services, the App or the Site, (vi) your violation of these Terms or any relevant laws, rules or regulations, including without limitation, any applicable local, state, federal or other laws, rules or regulations regarding gambling or other wager related activity, (vii) any infringement by you, or any third party using your account or acting on your behalf, of any intellectual property, property, privacy, or other right of any person or entity, or (viii) any intentional misconduct or negligence by you in using the Services, the App or the Site, or any third party software or service utilized in connection with the Services, the App or the Site.
We take intellectual property rights seriously. If we suspect a User has violated the intellectual property rights of others, by uploading materials or otherwise, we reserve the right to remove that content, and any other content uploaded by that User. We may also revoke the User’s access to the App, the Site and Service, terminate their account, or utilize any other legal or other remedies available to us.
Pursuant to Title 17 of the United States Code, Section 512, part of the Digital Millennium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a Fairgame User, please provide written notice to us for notice of claims of infringement at [firstname.lastname@example.org].
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any Fairgame User who is the subject of repeated DMCA or other infringement notifications.
THE SERVICES, APP AND SITE AND ALL CONTENT THEREIN ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
FURTHERMORE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE APP, SITE AND SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND THAT YOU ARE SOLELY RESPONSIBLE FOR USING THE APP, SITE AND/OR SERVICES FOR ANY GAMBLING OR OTHER WAGER RELATED ACTIVITIES AND FOR ENSURING THAT SUCH
ACTIVITIES ARE DONE IN COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, FEDERAL AND OTHER LAWS, RULES AND REGULATIONS OF ANY KIND WHATSOEVER.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES, THE APP OR THE SITE ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY (I) THAT THE SERVICES, THE APP OR THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY SUCH ERRORS OR DEFECTS WILL BE CORRECTED, (II) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE, ARE FREE FROM VIRUSES, HARMFUL COMPONENTS, OR MALICIOUS CONTENT, (III) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE WILL MEET YOUR BUSINESS REQUIREMENTS, (IV) AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE APP OR THE SITE, OR (V) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE, WILL BE NON-INFRINGING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES, THE APP OR THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, THE APP AND THE SITE AND ANY RELATED SERVICES AND LINKED SITES. FAIRGAME DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION OR CONDUCT OF THIRD PARTIES AND YOU HEREBY RELEASE FAIRGAME FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY OR TO ANY DEGREE CONNECTED WITH ANY CLAIM YOU MAY HAVE OR DEVELOP AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT 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.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you.
FAIRGAME WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, APP OR SITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES, APP OR SITE. IN NO EVENT WILL FAIRGAME BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER INTANGIBLE LOSSES) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
FAIRGAME’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS, THE SERVICES, THE APP OR THE SITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO FAIRGAME IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) US $100.00.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND FAIRGAME AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF FAIRGAME HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Some jurisdictions may not allow the Limitation of Liability for certain damages and causes of action, so some of the disclaimers above may not apply to you.
We control and operate the App and the Site from our headquarters in the United States of America and the entirety of the App and the Site may not be appropriate or available for use in other locations. If you use the App or the Site outside the United States of America, you are solely responsible for following applicable local laws.
Fairgame and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the App and the Site may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit Fairgame Users to access or use the App or the Site in a United States embargoed country; (ii) permit Fairgame Users on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists, or (iii) permit Fairgame Users on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you
are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the App or the Site.
We will not be held liable for any delays or failure in performance of any part of the Service, the App or the Site from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, pandemics, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if these Terms are terminated, this section and the following sections will continue to apply: “Unauthorized Activities,” “Legal Compliance,” “Intellectual Property; Feedback,” “User Uploaded Public Content,” “Access to the App, Site and Services,” “Indemnification,” “Warranty Disclaimer,” “Limitation of Liability,” “Entire Agreement,” “Assignments,” “Severability,” “Interpretation,” “Waiver,” “Further Actions,” “Governing Law,” “Dispute Resolution,” “Mandatory Arbitration Agreement and Class Action Waiver,” and “Changes.”
You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
If it turns out that a section (or portion thereof) of these Terms is not enforceable, then that section will be removed or edited as little as required to make such section enforceable, and the rest of these Terms will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way these Terms are interpreted.
If we do not immediately take action on a violation of these Terms, such inaction does not constitute a waiver of our rights, we expressly do not give up any rights under these Terms, and we may still take action at any point that we choose.
You hereby agree to provide all documents and to take any actions necessary to meet your obligations under these Terms.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. Subject to the “Dispute Resolution” and “Mandatory Arbitration Agreement and Class Action Waiver” sections above, you agree that any Dispute shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. You further consent to service of process via email at the email address(es) provided by you, and you hereby waive any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
We know that things don’t always go as planned. In the event of any claim, action, controversy, or dispute relating to the App, the Site, Service, these Terms, or any other dispute between you and Fairgame (“Dispute”), you and Fairgame agree to use the following dispute resolution procedure before filing a claim or initiating arbitration:
Given not all of our Users have an account, we might not have either of the above addresses. In that case, Fairgame may (but is not obligated to) try and message you using any means of communication you provided and ask for your mailing address. The 30 days response time shall be counted from the day in which Fairgame has sent you the message asking for your mailing address.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FAIRGAME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In the event that an attempt to resolve a Dispute pursuant to the previous section is unsuccessful, you and Fairgame agree to resolve such Dispute by binding arbitration. This agreement to arbitrate Disputes includes all claims arising out of or relating to any aspect of the Site, the App, the Service or these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
Despite the provisions in this section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Fairgame will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Fairgame.
A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) ("Notice") to the
addresses of the parties as set forth in the “Dispute Resolution” section. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Fairgame may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Fairgame must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through arbitration in your favor, Fairgame will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Fairgame in settlement of the Dispute prior to the arbitrator's award; or (iii) $100.
Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Fairgame for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
YOU AND FAIRGAME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fairgame agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If Fairgame makes any future change to this arbitration provision, other than a change to Fairgame’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fairgame address for Notice, in which case your account with Fairgame (if you had one) will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If any portion of this binding arbitration provision is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” section will govern any action arising
out of or related to these Terms. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration provision.
We may amend our Terms at any time by publishing revised Terms on our App or the Site and/or by sending an email to the address you gave us. These Terms are current as of the date first set forth above. If any changes are made to these Terms, we will post them on this page, so please be sure to check back periodically. If you continue to use the App, the Site or any other Services after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using the Services, the App and the Site. Fairgame reserves the right to change any and all features of our Services, the App and the Site, at any time, without notice.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email@example.com].