Our Terms of Service have been updated as of July 15th, 2023
Please make sure to read these terms of service before using Grit Fantasy as these terms affect your legal rights and obligations. If you do not agree to these Terms of Service you may not access or use the Website or attempt to use our Services.
PLEASE READ THIS AGREEMENT CAREFULLY, IT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION TITLED ARBITRATION AND CLASS ACTION WAIVER BELOW. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF SECTION 35. PLEASE READ CAREFULLY.
Grit Fantasy, LLC. (collectively, “We”, “Us”, “Our”, or “Grit Fantasy”) owns and operates the Website and related mobile apps (iOS and Android) that links to these Terms of Service. Grit Fantasy will provide you with access to our online fantasy sport contests. The Website, related mobile apps (iOS and Android) and any other features, tools, materials, or other Services offered by Grit Fantasy from time to time are referred to here as the “Services”.
Residents of the United States will be contracting with Grit Fantasy, LLC. Access to and or use of the Website or Services may not be legal in all jurisdictions. It is the responsibility of the player to determine and establish whether access and or use of the Website or Services is compliant with the laws of the jurisdiction in which the player is located.
By accessing or using the Website, related mobile apps (iOS and Android) or Services you: 1: Accept and agree to be bound by the Terms of Service, 2: Consent to the collection of information as outlined in our Privacy Policy, and 3: Grit Fantasy Game Rules and any other additional rules and conditions which may be issued by Grit Fantasy.
BY CLICKING THE “CREATE ACCOUNT” BUTTON On Grit Fantasy, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE, AND DEACTIVATE YOUR ACCOUNT BY SENDING AN EMAIL TO INFO@GRITFANTASY.COM
Except for section 34, providing for binding arbitration and waiver of class action rights, Grit Fantasy reserves the right, at its sole discretion, to update, modify or replace the Terms of Service at any time. We will make reasonable efforts to notify you of any material modifications made to the Terms of Service prior to such changes taking effect. Continued use of the Website or Services after any modification to the Terms of Service constitutes your acceptance of these modifications.
For any avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms and Conditions that is in effect at the start of the Contest. It is in Grit Fantasy’s sole discretion to determine whether applicable actions are governed by the Terms such as they were in effect during any relevant Contest or if the most recent version of the Terms control. Further, all actions and matters specifically related to fraud, misrepresentation, cheating, theft, or other conduct Grit Fantasy deems to be improper shall be governed by the most recent version of these Terms. It is your responsibility to check the Terms periodically for changes.
By using our Website and Services, you hereby represent and warrant that you are fully able and competent to enter into the Terms of Service, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service and to abide by and comply with these terms.
Some states require operators of Fantasy Contests to be licensed or registered in order to offer contests to residents of that state. If you are physically located in a state with such a license or registration requirement at the time that you are entering a Fantasy Contest, and Grit Fantasy does not have a license to operate in that state, you may not be able to participate in Fantasy Contests.
By entering a contest or depositing money, you represent and warrant that:
Grit Fantasy employees may only use the Services for the purpose of testing the user experience, but may not withdraw money or Fantasy Prize Winnings. Grit Fantasy consultants or promoters of the Services may play in Fantasy Contests without such limitation, but only if (i) they do not have any access to non-public Services data or any other data not made available to all eligible players on the Services and (ii) they do not receive any other advantages in their play on the Services.
If Grit Fantasy determines that you do not meet the eligibility requirements, you are not eligible to use the Website or Services. Grit Fantasy may require you to provide proof that you are eligible to participate and meet the eligibility requirements listed above. If Grit Fantasy is unable to verify your eligibility, Grit Fantasy reserves the right to suspend, or terminate any or all of your accounts, and withhold or revoke the award of any prizes or limit your ability to withdraw from the Website.
In order to participate and use the Services you must register for an account on the Website. By registering for an account you agree to provide accurate information about yourself and agree to update any of this information when it changes. If you provide information that is inaccurate or incomplete, or Grit Fantasy has reason to believe that information is inaccurate or incomplete, Grit Fantasy may deny you access to areas requiring registration or terminate your account at its sole discretion.
When registering for an account on the Website, you must provide a valid phone number, valid email address, and create a username, and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your username and password and accept full responsibility for any losses incurred due to the unauthorized use of your account. You agree to notify Grit Fantasy immediately via email (info@gritfantasy.com) of any unauthorized use of your username, password, or account or any other breach of security. Grit Fantasy will not be liable for any such losses incurred due to the unauthorized use of your account.
As a result of your registration for the Services, you may receive certain commercial communications from Grit Fantasy. You understand and agree that these communications are part of your registration. These communications include, but are not limited to email, SMS, and telephone outreach. You may opt out of these communications at any time by using the unsubscribe functionality or sending an email to info@gritfantasy.com.
Where legal, entrants and winners of contests consent to the use of their name, voice, likeness, location, photograph, and or video, with the development, production, and distribution of the selected contest and Grit Fantasy generally. Entrants and winners agree that Grit Fantasy may use any of this information for purposes of marketing and promotion. You further acknowledge that if you are a winner in any public contest, your identifying information such as, but not limited to, name, username, and position may be disclosed to third parties.
Grit Fantasy is a game of skill. Winners are determined by the objective criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information, fantasy sports rules, and confidence level statistics to predict the performance of professional athletes and accumulate the most points. The Services may not be used for any form of illicit or illegal gambling or sports betting.
Entry fees and prize allocations vary depending on the Contest. When you opt to participate in a contest, the entry amount will be debited from your Grit Fantasy account. Grit Fantasy reserves the right to not award a prize to an individual who it believes in its sole discretion did not submit the winning entry. Once you have entered a contest, you have up to 1 hour to cancel your entry. Keep in mind that contests can be canceled up to 15 minutes prior to the start of the game. If you cancel, the entry fee will be refunded back into your Grit Fantasy account. Once the first game starts in your entry, the contest locks and you are no longer able to make lineup changes.
Grit Fantasy offers several different contests. For each contest the entry fee and associated prizes are shown in advance. After each contest ends the winners are announced but subject to final verification. The contest results will be considered final after 24 hours. Prizes are added to the winners Grit Fantasy account. We reserve the right to make adjustments based on errors or irregularities in the transmission to us from our statistics provider or calculation of results.
Grit Fantasy, in its sole discretion, may cancel contests without any restrictions. This includes free to play contests with less than 100 users. Grit Fantasy may also disqualify you from a contest, refuse to award prizes, require the return of prizes, or suspend, limit, or terminate your account if you engage in conduct that Grit Fantasy in its sole discretion deems to be improper, unfair, or adverse to the operations of the Website or Services. Improper conduct may include falsifying personal information required to access or use the Services, or to claim prizes, or accumulating prizes through unauthorized methods such as scripts or other automated means, tampering with the the administration of the Services, or trying to tamper in any way with the computer programs associated with the Services, or obtaining other user entrant’s information, spamming other entrants, or colluding with other entrants; or otherwise violating the Terms of Service. You also acknowledge that the forfeiture and or return of any prize shall not prevent Grit Fantasy from pursuing criminal or civil proceedings in connection with such conduct.
You agree to provide Grit Fantasy with valid information such as a mailing address, date of birth, social security number, and any other information that we may request in order to verify your identity and comply with applicable laws and regulations. We also may conduct checks for Terms of Service compliance, including anti-fraud checks on playing behavior and Services usage patterns prior to processing any withdrawal. This may include requests for additional information. If we are unable to verify your identity, we reserve the right to suspend, or terminate your account and withhold any funds until we have successfully verified your identity. We may limit the amount of funds you are able to deposit into your account in accordance with state-imposed deposit limits. If you are a resident of the state of Massachusetts, you will be limited to depositing no more than $1,000 in any calendar month onto the site.
If any deposit is charged back, Grit Fantasy reserves the right to close your Account without notice. Any winnings generated from Contests will be invalidated, forfeited, and deducted from your account.
You will not hold Grit Fantasy responsible for any incorrect, invalid, or incomplete entry information; human errors; 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 an entrant to participate in a contest), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a contest; inability to access the Website or Services, 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. The failure of Grit Fantasy to comply with any provision of these Terms of Service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Grit Fantasy (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Service.
Refunds are only granted under the following conditions: the refund was requested within 72 hours of account creation and the refund was requested within 24 hours of making your first deposit. If you request a refund, your account will automatically be closed. You cannot keep playing on Grit Fantasy after requesting a refund. However, if you wish to start playing again at some point in the future, you can reopen your account, provided you reimburse Grit Fantasy for the amount of your refund request.
All deposits or winnings from contests are held in a separate segregated bank account (the “Player Funds”). Vendors, players, and creditors shall be aware that the funds held in the “Player Funds” account do not belong to Grit Fantasy, LLC. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above and Grit Fantasy may not use these funds to cover its operating expenses or for any other purposes.
Grit Fantasy uses third-party electronic payment processors and financial institutions (“Payment Processor(s)”) to process deposits and/or payments for services or products offered via the Services. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that Grit Fantasy may give such instructions on your behalf in accordance with your requests as submitted through the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail. You further agree that Grit Fantasy is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Services, except as a result of the gross negligence of Grit Fantasy or its employees.
Grit Fantasy frequently offers promotional entries for actions such as: account sign-up, making a first deposit, making a repeat deposit, and the referral of other users. These promotional entries may be used to enter real money fantasy sports contests. New users are eligible to receive promo entries of up to $100 for making their first deposit. This $100 may be split into two $50 promo entries or four $25 promo entries. The promo entries will be added to your Grit Fantasy account. The promo entries can only be used for play and are not eligible for withdrawal. Any promo entry can only be used on a contest that is limited to two athletes (2-pick contest). If you enter a contest with a promo entry, you are not using your own cash balance on those contests. If a promo entry is lost, it will not affect the cash balance on your account. Please note that if a promo entry is lost, it will not be "refunded" or added back to your promo balance. If you win your promo entry, the resulting payout is added to your cash balance. Promo entries will expire 7 days after being issued to the player. Promo entries may have certain requirements such as a play through minimum before being eligible for withdrawal. Any type of promo entry abuse, or abuse of any other promotional offers, may result in the suspension and or termination of your account.
You are solely responsible for filing and paying any applicable taxes on winnings from using the Website or Services. If during the previous year you won $600 or more (net of all entry fees), you will be asked to provide updated address and social security details to Grit Fantasy.
If your Grit Fantasy account has no activity for 18 consecutive months, the account will be considered inactive. Grit Fantasy will assess a fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Before deducting any fees due to account inactivity, Grit Fantasy will provide you at least thirty (30) days-written notice. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Grit Fantasy is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Grit Fantasy may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.
Grit Fantasy reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. Grit Fantasy shall also permit Users to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Users and exclude such Users.
As a condition of use, you promise not to use the Website or Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Grit Fantasy. By way of example, and not as a limitation you are not to abuse, harass, impersonate, intimidate, or threaten other Grit Fantasy users; post or transmit, or cause to be posted or transmitted, any content that is inappropriate, infringing, libelous, unlawful, or otherwise objectionable in the sole discretion of Grit Fantasy; use the Website or Services for any unauthorized purpose, or in violation of of any applicable law; post or transmit, or cause to be posted or transmitted, any communication or solicitation designed to obtain private information from any Grit Fantasy user, including account and password information; create or submit any unwanted email (“spam”) to any Grit Fantasy user; submit comments associated or linking to affiliate programs, multi-level marketing schemes, or off-topic content; post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs that are designed or function to interrupt, limit, destroy, the functionality of any computer software, hardware, or telecommunications equipment; use a robot, spider, or scraping software or other automated means to access the Website or Services for any purpose; interfere or attempt to interfere with the proper working of the Website or Services or any activities related to the working of the Website or Services; create more than one user account; collude with other Grit Fantasy users to win or influence contests; sell or transfer your Grit Fantasy account.
Violation of our rules may result in the suspension and or termination of your account and or forfeiture of any winnings associated with your account. Further, you acknowledge and agree that Grit Fantasy may remove any user content and terminate any Grit Fantasy account at any time for any reason (including, but not limited to, upon receipt of such claims or allegations from authorities or other third parties). Any attempt by a participant or any other individual to deliberately damage the Website or Services or undermine the legitimate operations of any contest is a violation of criminal and or civil laws and should such attempts be made, Grit Fantasy reserves the right to seek damages and other remedies from such individual to the fullest extent available by law.
You understand that all content created by users of the Website or Services (“User Content”), including but not limited to: profile information and communications with other users, whether privately or publicly transmitted or made available, is the sole responsibility of the person from which such User Content is originated. You acknowledge and agree that you are responsible for any User Content that you may create, post, share, transmit or otherwise make available via the Website or Service. Grit Fantasy will not be responsible in any way for any User Content. You acknowledge that Grit Fantasy may or may not pre-screen User Content, but that Grit Fantasy and its designees have the right, but not the obligation, in their sole discretion to pre-screen, refuse, permanently remove, un-remove, modify and or move User Content via the Website or Services. You understand that by using the Website or Services you may be exposed to User Content that you find offensive or objectionable. We encourage you to report any user content that may violate these Terms of Service, please contact us at info@gritfantasy.com. You agree that you must evaluate and bear all the risks associated with the use of any User Content and you further acknowledge that bear the sole risk for reliance on any User Content available on our through the Website or Services. When you submit any User Content you grant Grit Fantasy an irrevocable, fully-sublicensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, broadcast, sell, translate and create derivative works of such User Content. You are solely responsible for your interactions with other users of the Website or Services, we reserve the right, but under no obligation, to monitor such interactions between you and other users of the Website or Services.
You agree to release and to indemnify and to hold harmless Grit Fantasy and each of its, subsidiaries, affiliates, agencies, as well as the officers, directors, employees, shareholders, and representatives of any foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorney’s fees and court costs) claims or actions of any kind whatsoever arising or resulting from you using the Website or Services, the receipt, ownership, use or misuse of any prize, and claims based on publicity, defamation, or invasion of privacy.
GRIT FANTASY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GRIT FANTASY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. 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 SITE OR APP OR THE CONTENT. FURTHER, GRIT FANTASY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND TITLE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, GRIT FANTASY AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. GRIT FANTASY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRIT FANTASY ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU UNDERSTAND AND AGREE THAT GRIT FANTASY, UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, PROPERTY DAMAGE, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, RESULTING FROM USING THE WEBSITE OR SERVICES, THE INABILITY TO USE THE WEBSITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRACT CONTAINED HEREIN, GRIT FANTASY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO GRIT FANTASY FOR GENERAL USE OF THE WEBSITE OR SERVICES, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Grit Fantasy may terminate or suspend any or all parts of the Website or Service, without prior notice or liability, if you breach any of the Terms of Service. Upon termination of your account, your rights to use the Website or Services will cease immediately. If you wish to terminate your Grit Fantasy account please contact info@gritfantasy.com.
You agree that, except otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service. This includes, but is not limited to, third parties not having any right to bring claims arising out of these Terms of Service on your behalf.
All title, ownership and intellectual property rights in and to the Website or Services are owned by Grit Fantasy. You acknowledge and agree that the Website or Services contain proprietary and confidential information that is protected by copyright and other intellectual property laws. Except as expressly authorized and stated by Grit Fantasy, you agree not to modify, rent, lease, loan, sell, publicly display, distribute, or create derivative works based on the Website or Services, in whole or in part.
Grit Fantasy, in its sole discretion, may disable and/or terminate user accounts who infringe on the intellectual property of others. If you believe that your copyright has been infringed, please provide a written Notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following:
a: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b: a description of the copyrighted work or other intellectual property that you claim has been infringed; c: a clear description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; d: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and e: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Before you file your Notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. Grit Fantasy can be reached via info@gritfantasy.com
You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
The Website or Services, or third parties may provide links to other websites or resources. You understand and agree that Grit Fantasy has no control over the availability of such third party websites or resources and is not liable for any content, products, services, or other materials on any third party websites. You further acknowledge and agree that Grit Fantasy is not responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, products, services, or materials of third party websites or resources.
You agree that regardless of any statute or law to the contrary, any claim, or cause of action arising out of or related to the use of the Website, Services, or the Terms of Service must be filled within (1) year after such claim or cause of action arose or be forever barred.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Our customer support team is available at info@gritfantasy.com to address any concern or questions you may have about the Service. The customer support team is able to resolve most concerns quickly to our player's satisfaction. For any problem or dispute that you may have with Grit Fantasy, you acknowledge and agree that you will first give Grit Fantasy an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the dispute by sending an email to info@gritfantasy.com. The parties shall use their best efforts to resolve and settle any dispute, claim, question, disagreement, and engage in good faith negotiations, which shall be a condition to either party in initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS pursuant to the applicable set of Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions, except that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Grit Fantasy to pay for the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Grit Fantasy will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $50,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling the AAA at 1-800-352.5267. To the extent the filing fee for the arbitration exceeds $250, Grit Fantasy will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Grit Fantasy will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $50,000. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Grit Fantasy agree to submit to the personal and exclusive jurisdiction of and venue in the federal state courts located within 25 (twenty five) miles of Manhattan, New York. You further agree to receive service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available to you.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Grit Fantasy 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending notice of your decision to opt-out to the following email address: info@gritfantasy.com. The notice must be sent within 30 days of 05/01/2020 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Grit Fantasy also will not be bound by them.
Grit Fantasy will provide 30-days' notice of any changes to this Section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
The failure of Grit Fantasy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The heading and section titles in the Terms of Service are for your convenience only and have no legal or contractual effect whatsoever.
If you have any questions, comments or concerns about these Terms of Service, please contact us at: info@gritfantasy.com