If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with Fantasy Cruncher (except for matters that may be taken to small claims court).
Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your Fantasy Cruncher membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Fantasy Cruncher service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Free Trials
- Your Fantasy Cruncher membership may start with a free trial. The free trial period of your membership lasts for one week, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Fantasy Cruncher reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Profile" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "PROFILE" LINK AT THE TOP OF ANY FANTASY CRUNCHER WEB PAGE (www.fantasycruncher.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your Fantasy Cruncher membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Fantasy Cruncher service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Profile" link, available at the top of the pages of the Fantasy Cruncher website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel Profile (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Fantasy Cruncher membership at any time, and you will continue to have access to the Fantasy Cruncher service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Profile" page on our website and follow the instructions for cancellation. If you cancel your membership, Profile will automatically close at the end of your current billing period. To see when Profile will close, click "View billing details" on the "Profile" page. If you signed up for Fantasy Cruncher using Profile with a third party as a Payment Method, and wish to cancel your Fantasy Cruncher membership at any time, including during your free trial, you may need to do so through such third party, including by visiting Profile with the applicable third party and turning off auto-renew, or unsubscribing from, the Fantasy Cruncher service through that third party. You may also find billing information about your Fantasy Cruncher membership by visiting Profile with the applicable third party.
- Fantasy Cruncher Service
- The Fantasy Cruncher service, and any content viewed through our service, are for your personal and non-commercial use only. During your Fantasy Cruncher membership, we grant you a limited, non-exclusive, non-transferable, license to access the Fantasy Cruncher service. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
- We continually update the Fantasy Cruncher service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Exclusions: You are allowed to share your own lineups created by you on other websites or social media platforms (text or image). You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Fantasy Cruncher service; use any robot, spider, scraper or other automated means to access the Fantasy Cruncher service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Fantasy Cruncher service; insert any code or product or manipulate the content of the Fantasy Cruncher service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Fantasy Cruncher service, including any software viruses or any other computer code, files or programs.
- Passwords & Account Access
- The member who created the Fantasy Cruncher account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Fantasy Cruncher account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Fantasy Cruncher Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to Profile.
- In order to provide you with ease of access to Profile and to help administer the Fantasy Cruncher service, Fantasy Cruncher implements technology that enables us to recognize you as the Account Owner and provide you with direct access to Profile without requiring you to retype any password or other user identification when you revisit the Fantasy Cruncher service.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Fantasy Cruncher website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Fantasy Cruncher reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Fantasy Cruncher is not obligated to credit or discount a membership for holds placed on the account by either a representative of Fantasy Cruncher or by the automated processes of Fantasy Cruncher.
- Disclaimers of Warranties and Limitations on Liability
- THE FANTASY CRUNCHER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FANTASY CRUNCHER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FANTASY CRUNCHER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FANTASY CRUNCHER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FANTASY CRUNCHER DOES NOT GUARANTEE OR REPRESENT THAT THE SERVICE WILL RESULT IN WINNING LINEUPS. FANTASY CRUNCHER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF OUR SOFTWARE.
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FANTASY CRUNCHER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Promotions. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Fantasy Cruncher in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
- Intellectual Property
- Copyright. The Fantasy Cruncher service, including all content provided on the Fantasy Cruncher service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Governing Law
- You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Use of Information Submitted. Fantasy Cruncher is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Fantasy Cruncher service, including the Fantasy Cruncher website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Fantasy Cruncher service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Fantasy Cruncher and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Customer Support. To find more information about our service and its features, or if you need assistance with Profile, please contact our support at firstname.lastname@example.org
- Arbitration Agreement
- At Fantasy Cruncher, we expect that our support team will be able to resolve most issues you may have using Fantasy Cruncher Services. You can find frequently asked questions or contact our support team by emailing email@example.com. In the unlikely event that an issue remains unresolved, we will outline what can be expected from both us and you. Accordingly, you and Fantasy Cruncher agree to the following resolution process.
- In an attempt to find the quickest and most efficient resolution of our issues, you and Fantasy Cruncher agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Fantasy Cruncher, 2620 regatta Drive, Suite 102, Las Vegas, NV 89128 - Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Fantasy Cruncher.
- If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Fantasy Cruncher agree that any claim that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the Fantasy Cruncher Services must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available here. As an exception to this arbitration agreement, Fantasy Cruncher is happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.
- To help resolve any issues between us promptly and directly, you and Fantasy Cruncher agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and Fantasy Cruncher also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
- Rather than force everyone to visit us in Nevada, if you can demonstrate that arbitration in Nevada would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Nevada.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, Fantasy Cruncher will pay any other arbitration fees, including your share of arbitrator compensation.
- It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Fantasy Cruncher, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Fantasy Cruncher reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Fantasy Cruncher’s favor, Fantasy Cruncher will not seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration.