Terms Of Use
LAST UPDATED: MARCH 24, 2026
Welcome to PFF! Please read this Terms of Use Agreement (“Terms”) carefully. These Terms are a legal contract between you and PFFA Acquisition, LLC (“PFF,” “we,” “us” or “our”). These Terms govern your use, and PFF’s provision to you, of any PFF product or service that contains a link to these Terms, including any website operated by or on behalf of PFF with a link to these Terms (collectively, the “Site”), any web-based hosted service or platform provided by PFF with a link to these Terms (collectively, the “Platform”), any mobile application offered by PFF (the “App”), and any content, data, information, or resources available or enabled on the Site, the Platform, or the App (collectively, the “PFF Data” and together with the Site, the Platform and the App, the “Services”).
Your use of the Services may be subject to any additional terms, conditions and policies that we separately post on the Services and any agreements that you have separately executed with PFF (“Supplemental Terms”) which are incorporated by reference into these Terms, (together, the “Agreement”). To the extent there is any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.
PERSONAL, NON-COMMERCIAL USE ONLY
If you are accessing the Services as a guest, free user or as a subscriber to the Services through a “Consumer Subscription”, your use of the Services is strictly for your own personal use and not for any commercial or editorial purpose, subject to your rights under applicable law. If you wish to use the Services, including any PFF Data, for your commercial or editorial purposes, please contact the PFF sales department at [email protected]. If you are accessing the Services through an Account (as defined below) linked to, created, or maintained by your employer or any other enterprise (“Enterprise Customer”), your use of the Services may also be subject to a separate agreement between PFF and the Enterprise Customer (“Enterprise Agreement”). In the event of any inconsistency between the terms of this Agreement and the Enterprise Agreement under which you obtain access to the Services, the Enterprise Agreement will prevail.
ACCEPTANCE
BY CLICKING “I ACCEPT,” DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (B) YOU ARE [ABOVE EIGHTEEN YEARS OLD AND] OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PFF, AND (C) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT IN YOUR PERSONAL CAPACITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
AUTORENEWAL
IF YOU SUBSCRIBE TO THE SERVICE THROUGH A CONSUMER SUBSCRIPTION FOR A TERM, SUCH CONSUMER SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD AT PFF’S THEN-CURRENT FEES FOR SUCH CONSUMER SUBSCRIPTION UNLESS YOU CANCEL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION Error! Reference source not found. (SUBSCRIPTIONS) BELOW.
IMPORTANT INFORMATION ABOUT ARBITRATION AND CONSENTS
PLEASE BE AWARE THAT SECTION 12 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN THIRTY (30) DAYS OF AGREEING TO THESE TERMS, ALL DISPUTES BETWEEN YOU AND US, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
AGREEMENT UPDATES
THE AGREEMENT IS SUBJECT TO CHANGE BY PFF IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 13.6 (AGREEMENT UPDATES).
PLEASE BE AWARE THAT SECTION 6 (PFF COMMUNICATIONS) OF THE AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
1. USE OF THE SERVICES
1.1 The Services. PFF is a company that specializes in advanced football data, tools and analytics. PFF collects and analyzes such football data to produce a range of advanced statistics, analytics and products for teams, players, enterprises and fans. The Services provide a range of content, including the PFF Data, which are provided for entertainment purposes only.
1.2 Personal Use Only. The Services, including all PFF Data, are protected by copyright laws throughout the world. Subject to the Agreement, and unless you (or an Enterprise Customer you are affiliated with) have entered into an Enterprise Agreement with PFF, PFF grants you the right to access and use the features and functionality of the Services and the PFF Data solely for your own personal, non-commercial use. Without limiting the foregoing, and subject to applicable law, you are not permitted sell, share, reproduce, create derivative works of, distribute or publicly display or perform the PFF Data for any commercial or editorial purpose, including in exchange for any form of monetary or non-monetary compensation. If you wish to do any of the foregoing prohibited activities, you will need to contact the PFF sales department at [email protected]. PFF, its suppliers and service providers reserve all rights not granted in the Agreement. PFF is entitled to terminate the foregoing license for any unauthorized use of any part of the Services or the PFF Data.
1.3 Application License. For any App made available as part of the Services, PFF grants you, subject to your compliance with the Agreement, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own non-commercial personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or legacy contacts function. Notwithstanding the first sentence in this section, with respect to any application accessed through or downloaded from the Google Play store, you may have additional license rights with respect to use of the application on a shared basis within your designated family group.
1.4 Updates. You understand that the Services are evolving. You acknowledge and agree that PFF may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to the Agreement.
1.5 Certain Restrictions. By accessing and using the Services you agree that you will not, and will not permit any third party to: (a) use the Services for any purpose other than your own personal, non-commercial use; (b) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the Platform or PFF Data, or any content displayed thereon; (c) use any metatags or other “hidden text” using PFF’s name or trademarks; (d) frame or utilize framing techniques to enclose any trademark, logo, or other PFF content (including images, text, page layout or form) of PFF; (e) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (f) bulk copy and/or distribute PFF Data, including but not limited to, for use on third-party platforms, in podcasts, or for other editorial or commercial purposes; (g) access or use the Services in order to build a similar, substitute or competitive website, product, or service or otherwise compete with PFF; (h) use any manual, or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, browser extensions, data mining tools or the like) to “scrape,” extract, or download PFF Data from the Services (collectively, the “Scraping Devices”) (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from web pages in the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (i) use the Scraping Devices to leverage any content or information from the Services (including the PFF Data) for machine learning or training of artificial intelligence models or tools; (j) use bots or any unauthorized automated tools to interact with the Services, including accessing the Platform, importing or exporting information, generating or interacting with User Content or PFF Data, or otherwise manipulating engagement in a deceptive or non-genuine manner; (k) reproduce, utilize, display, or share any information (including PFF Data or User Content) obtained from the Services—either directly or via third parties—without the permission of the content owner; (l) disable, bypass, or otherwise circumvent any security mechanisms, access restrictions, or usage limitations built into the Services; or (m) use the Services, including any PFF Data, in connection with any computer vision technology, including but not limited to, for the purposes of evaluation or improvement of such technology. PFF may suspend or terminate your right to use the Services immediately for any use of the Services in breach of the foregoing restrictions or this Agreement.
1.6 AI Restrictions. You shall not provide, or permit any third party to provide, PFF Data or other derivatives or synthetic versions of the PFF Data, as inputs or prompts to any generative artificial intelligence tools, machine learning tools, computer vision technology, large language or natural language processing models or cloud-based AI services (“AI Models”) or otherwise use the Services or PFF Data or any derivatives or synthetic thereof in connection with any AI Models. The foregoing restrictions apply notwithstanding the expiration or termination of this Agreement.
1.7 No Support or Maintenance; Necessary Equipment. You acknowledge and agree that PFF will have no obligation to provide you with any support or maintenance in connection with the Services (unless you are a user associated with an Enterprise Customer that has contracted with us to receive such support or maintenance). As between us and you, you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
1.8 Ownership. Excluding any User Content that you may provide (defined in Section 4.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by PFF or PFF’s suppliers. Neither the Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. PFF and its suppliers reserve all rights not granted in the Agreement. There are no implied licenses granted under the Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
2. REGISTRATION AND ACCOUNTS
2.1 Registration and Account Creation. In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including (but not limited to) your name, an email address and password or have a valid third-party account through which you can connect to the Services, as permitted by the Services (each such account, a “Third-Party Account”). You agree to provide information required for your use of the Services that is, and to update such information so it remains true, accurate, current and complete. PFF reserves the rights to establish eligibility criteria to use the Services, and in some cases, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts.
2.2 Access Through a Third-Party Account. The Services may allow you to link your Account with a Third-Party Account by allowing PFF to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to PFF and/or grant PFF access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating PFF to pay any fees or making PFF subject to any usage limitations imposed by such third-party service providers. By granting PFF access to any Third-Party Account, you understand that PFF may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Outside Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in this Agreement, all Outside Content is considered to be your User Content (as defined in Section Error! Reference source not found. (User Content)) for all purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. If a Third-Party Account or associated service becomes unavailable, or PFF’s access to such Third-Party Account is terminated by the third-party service provider, then Outside Content will no longer be available on and through the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. PFF makes no effort to review any Outside Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and PFF is not responsible for any Outside Content.
2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of PFF. Furthermore, you are responsible for all activities that occur under your Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify PFF of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. If you provide any information that is untrue, inaccurate, incomplete or not current, or PFF has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, PFF has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You shall not have more than one Account at any given time. PFF reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by PFF, or if you have been previously banned from any of the Services. PFF cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.4 Enterprise Customer. You may be able to access the Services through an Account linked to, created, or maintained by an Enterprise Customer. The Enterprise Customer may have access to your User Content (as defined in Section 4.1 below) and the enterprise-related features of your Account, including the ability to terminate such features, or your access to or use of them. PFF is not responsible for actions of your Enterprise Customer with respect to your Account in such cases. You acknowledge that such Enterprise Customer may revoke or modify your access to the Services at any time. You further acknowledge and agree that any additional features you purchase or opt-in to on the Services directly with PFF separate from your relationship with the Enterprise Customer is solely between you and PFF, and you are solely liable for any fees associated with such features, and this Agreement governs your access or use of such features.
3. FEES AND PURCHASE TERMS
3.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with the Services. You must provide PFF and/or our Third-Party Service Provider (as defined below) with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) of a payment provider (each, a “Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing PFF and/or our Third-Party Service Provider with your credit card number and associated payment information, you agree that PFF and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. You agree to immediately notify PFF of any change in your billing address or the credit card used for payment hereunder. PFF reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you. Your failure to provide accurate payment information to PFF and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this Agreement. Except as set forth in the Agreement, all fees for the Services are non-refundable.
3.2 Third-Party Service Provider. PFF uses PayPal, Inc., its affiliates, and other third-party payment processors as its third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider(s)”). If you make a purchase on the Services, you may be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Providers. You agree to be bound by PayPal’s Privacy Policy (currently accessible at https://www.paypal.com/paypal/privacy-full) and its User Agreement (currently accessible at https://paypal.com/us/legalhub/paypal/useragreement-full) and hereby consent and authorize PFF and PayPal to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Providers and your Payment Provider, and we are not responsible if your Payment Provider declines to authorize payment for any reason. For your protection, our Third-Party Service Providers use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your Payment Provider may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Providers may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
3.3 Subscriptions. To access and use certain features and functionality of the Services, you will need to pay a subscription fee (“Service Subscription Fee”). You will be responsible for the Service Subscription Fee at the time you create your Account and select your payment package. The Service Subscription Fee will be billed at the start of the subscription and at regular intervals in accordance with your elections at the time of purchase. PFF reserves the right to change the timing of our billing. PFF reserves the right to change the subscription pricing at any time in accordance with Section 13.6 (Agreement Updates). If changes to the subscription price occur that impact your subscription, PFF will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your subscription as set forth in Section 3.2(a)(i) (Cancelling Subscriptions Purchased via PFF) or 3.2(a)(ii) (Cancelling Subscriptions Purchased via a Third-Party Application Store). PFF is not obligated to provide the Services to you until PFF accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
(a) Automatic Renewal. Your subscription will continue and automatically renew at PFF’s then-current price for such subscription until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at PFF’s then-current price for such subscription. The frequency at which your subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the subscription and may be modified by you via your Account settings. By subscribing, you authorize PFF to charge the payment method designated in your Account now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if PFF does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that PFF may either terminate or suspend your subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
(i) Cancelling Subscriptions Purchased via PFF. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, you must log in and go to the “Manage Your Subscription” page on the Services.
(ii) Cancelling Subscriptions Purchased via a Third-Party Application Store. If you wish to cancel, change, or terminate a subscription that you purchased from a third-party application store, you must do so prior to the Renewal Commencement Date via such third-party application store.
(iii) Effect of Cancellation. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current subscription period.
(iv) Upgrades and Downgrades. If you choose to upgrade your subscription in the middle of a subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future renewal term, the fees will reflect any such upgrades. If you choose to downgrade a subscription, the downgrade will take effect as of the first day of the next renewal term. Downgrading a subscription may cause loss of content, features, or capacity of the Services as available, and PFF does not accept any liability for such loss.
3.4 Taxes. The payments required under Section 3.3 (Subscriptions) of this Agreement do not include any Sales Tax that may be due in connection with the services provided under the Agreement. If PFF determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, PFF may collect such Sales Tax in addition to the payments required under Section 3.3 (Subscriptions) of the Agreement. If any Services are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to PFF, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify PFF for any liability or expense PFF may incur in connection with such Sales Taxes. Upon PFF’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
3.5 Withholding Taxes. You agree to make all payments of fees to PFF free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to PFF will be your sole responsibility, and you will provide PFF with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
3.6 Enterprise Customer Users. If you (or an Enterprise Customer you are affiliated with) have entered into an Enterprise Agreement with PFF, the Enterprise Agreement and not this Agreement, governs the payment terms regarding your access to the Services. You acknowledge that you may lose access to the Services in accordance with the terms of such Enterprise Agreement, including if the Enterprise Agreement is terminated.
4. USER CONTENT
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., information you include in your profile, content you upload into or create through use of a feature on the Platform, and any information you surface from Third-Party Accounts). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 5. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by PFF. Because you are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 5. PFF is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to PFF an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. To the extent an Enterprise Agreement has been duly executed by an Enterprise Customer with whom you are affiliated, PFF’s collection, use, and processing of User Content obtained pursuant to your relationship with an Enterprise Customer may be governed by such Enterprise Agreement.
4.3 Aggregated Data. Notwithstanding anything to the contrary in this Agreement, PFF may derive aggregated, anonymized and/or de-identified data from your User Content and other information provided by you as well as including information and data on how the Services are used by you and other users of the Services (collectively, “Aggregated Data”). PFF reserves the right to use, disclose and otherwise process such Aggregated Data to improve its products and services and for other legitimate business purposes.
4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 5 or any other provision of the Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.
4.5 Feedback. If you provide PFF with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to PFF all rights in such Feedback and agree that PFF shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. PFF will treat any Feedback you provide to PFF as non-confidential and non-proprietary. You agree that you will not submit to PFF any information or ideas that you consider to be confidential or proprietary.
5. ACCEPTABLE USE POLICY. You agree not to: (a) use the Services to upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable; (b) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (d) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (e) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (f) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (g) interfere with any other user’s use and enjoyment of the Services; (h) impersonate any person or entity, including any employee or representative of PFF; (i) record or screen capture User Content that is made available to you on the Services; or (j) use software or automated agents or scripts or other Scraping Devices to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services, including but not limited to, in connection with machine learning or training of artificial intelligence technology.
6. PFF COMMUNICATIONS
6.1 Generally. You may have the opportunity to provide us with your phone number or e-mail address. By providing your email address to us, you consent to receive email communications from PFF. Communications from us may include operational communications about your use of the Services.
6.2 Promotional Email Communications. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.
6.3 Electronic Communications. The communications between you and PFF use electronic means, whether you use the Services or send us emails, or whether PFF posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from PFF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PFF provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7. INDEMNIFICATION. You agree to indemnify and hold PFF (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of the Agreement, or (d) your violation of applicable laws or regulations. PFF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PFF. PFF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD-PARTY LINKS AND APPLICATIONS; OTHER USERS
8.1 Third-Party Links, Services and Applications. The Services may contain links to, advertisements of, or integrations with third-party websites and services, and applications for third parties, which may include fantasy football drafts through ESPN, Yahoo, and Sleeper and links to Third-Party Betting Services in the United States (collectively, “Third-Party Links, Services and Applications”). When you use or access any such Third-Party Links, Services and Applications, you understand and agree that we may share certain of your data with such Third-Party Links, Services and Applications, as further set forth in our Privacy Policy located at https://www.pff.com/privacy. Such Third-Party Links, Services and Applications are not under the control of PFF, and PFF is not responsible for any Third-Party Links, Services and Applications. PFF provides access to these Third-Party Links, Services and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Services and Applications. You use all Third-Party Links, Services and Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Services and Applications, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links, Services and Applications.
8.2 No Betting Services. From time to time, the Services may include content or references to certain football or sports-related betting odds, markets, games or tools (“Betting Content”) or include sponsored content or links to third-party service providers that offer betting services (“Third-Party Betting Services”) in the United States of America. PFF is not a licensed sportsbook or sports betting provider or vendor and does not provide or facilitate any betting services or products on the Services. Any Betting Content or links to Third-Party Betting Services are provided for entertainment purposes only. PFF does not provide links to Third-Party Betting Services outside of the United States of America. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE BETTING CONTENT AND THE THIRD-PARTY BETTING SERVICES INCLUDING COMPLYING WITH APPLICABLE LAW AND USING SUCH CONTENT RESPONSIBLY. PFF MAKES NO GUARANTEE OR WARRANTY AROUND THE ACCURACY OF THE PFF DATA OR ANY BETTING CONTENT NOR DOES PFF MAKE ANY WARRANTY ABOUT THE LIKELIHOOD OF SUCCESS OF ANY PARTICULAR BET OR ACTIVITY. ANY USE OF THE PFF DATA OR THE BETTING CONTENT (INCLUDING FOR ANY BETTING PURPOSES THROUGH THE THIRD-PARTY BETTING SERVICES OR OTHERWISE) IS ENTIRELY AT YOUR OWN RISK. PFF HAS NO RESPONSIBILITY FOR YOUR USE OF THE PFF DATA, BETTING CONTENT OR THIRD-PARTY BETTING SERVICES.
8.3 Other Users. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that PFF will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. However, we reserve the right to intercede in such disputes at our sole discretion.
9. DISCLAIMERS
9.1 Generally. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES OR THE ACTIONS OR OMISSIONS OF ANY USER. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT WHETHER PROVIDED BY PFF OR ANOTHER USER OF THE SERVICES. PFF (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. PFF MAKES NO WARRANTIES ABOUT THE THIRD-PARTY DATA OR THIRD-PARTY LINKS, SERVICES, AND APPLICATIONS, OR QUALITY, ACCURACY OR RELIABILITY THEREOF, AND PFF DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PFF (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, CONDUCT OF ANY THIRD-PARTY LINKS, SERVICES AND APPLICATIONS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PART THEREOF, EVEN IF PFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. PFF HAS NO LIABILITY FOR ANY THIRD-PARTY DATA OR THIRD-PARTY LINKS, SERVICES, AND APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED ($100) DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PFF AND YOU.
11. TERM AND TERMINATION. Subject to this Section, the Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of the Agreement. Upon termination of your rights under the Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. PFF will not have any liability whatsoever to you for any termination of your rights under the Agreement, including for termination of your Account or deletion of your User Content. Even after your rights under the Agreement are terminated, the following provisions of the Agreement will remain in effect: Sections 1.5 (Certain Restrictions), 1.6 (AI Restrictions), 1.8 (Ownership), 4 (User Content), 7 (Indemnification), 8.2 (No Betting Services), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Term and Termination), 12 (Dispute Resolution Agreement) and 13 (General). If you use the Services in connection with or subject to your relationship with an Enterprise Customer, then upon termination or expiration of the Enterprise Agreement with such Enterprise Customer, PFF has the right to terminate your access and use of the Services.
12. DISPUTE RESOLUTION AGREEMENT
12.1 Arbitration of Disputes. Subject to the terms of this agreement to arbitrate (“Arbitration Agreement”), you and PFF agree that all disputes or claims between you and PFF that arise out of or relate in any way to your use of or access to the Service, or to these Terms, including prior versions of these Terms, (each, a “Dispute”) will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of these Terms containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
12.2 Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and PFF agree to try to first resolve Disputes informally by contacting the other party in writing (the “Notice of Dispute”). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or PFF may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process.
12.3 Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq. The National Arbitration & Mediation (“NAM”) will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the “NAM Mass Filing Rules”) (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of subsection 12.6 below. The arbitration will be conducted in the county where you reside or San Francisco, California, unless the parties agree to another location or the Batch Arbitration process is triggered per subsection 12.7 below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.
12.4 Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.
12.5 Arbitration Fees. The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys’ fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.6 No Class or Representative Actions. You and PFF agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, NOR TO RECOVER LOSSES OR DAMAGES INCURRED BY THIRD PARTIES. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and PFF agree that only that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Ohio.
12.7 Batch Arbitration. Notwithstanding subsection 12.6 above, to increase the efficiency of administration and resolution of arbitrations, you and PFF agree that, in the event there are ten (10) or more individual requests of a substantially similar nature (i.e., Requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) (“Requests”) filed against PFF by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). The Administrative Arbitrator’s fees shall be paid by PFF.
12.8 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to PFF within thirty (30) days of first accepting any version of these Terms containing an Arbitration Agreement. You must send this notice to [email protected] and must include: (1) your name and address; (2) the email address you used to set up your Account (if you have one); and (3) an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or PFF’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. For avoidance of doubt, if you exercise your right to opt out of this Arbitration Agreement, those limitations and restrictions applicable to litigation (including those set out in Section 12.6) will continue to apply to both you and us. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with us.
12.9 Changes to the Arbitration Agreement. The parties agree that PFF retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying PFF within thirty (30) days of that change at [email protected]. Unless you reject the change within thirty (30) days, your continued use of the Services constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in subsection 12.6 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. PFF will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in subsection 12.8 above.
13. GENERAL
13.1 Electronic Communications. The communications between you and PFF may take place via electronic means, whether you visit the Services or send PFF e-mails, or whether PFF posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from PFF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PFF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
13.2 App Store. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store (each, an “App Store”). You acknowledge that the Agreement is between you and PFF and not with the App Store. PFF, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
13.3 Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and PFF only, and not Apple, and (ii) PFF, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between PFF and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PFF.
(d) You and PFF acknowledge that, as between PFF and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and PFF acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between PFF and Apple, PFF, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and PFF acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
13.4 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without PFF’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.5 Force Majeure. PFF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.6 Agreement Updates. When changes are made, PFF will make a new copy of this Terms and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. PFF may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
13.7 Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF OHIO, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and PFF agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Cincinnati, Ohio.
13.8 Notice. Where PFF requires that you provide an e-mail address, you are responsible for providing PFF with your most current e-mail address. In the event that the last e-mail address you provided to PFF is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, PFF’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to PFF at the following address: PFF Legal, 1216 Central Parkway, Cincinnati, OH, 45202. Such notice shall be deemed given when received by PFF by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
13.9 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.10 Severability. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
13.11 International Users. The Site and other parts of the Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that PFF intends to announce such services or content in your country. The Services are controlled and offered by PFF from its facilities in the United States of America. PFF makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
13.12 Export Control. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from PFF, or any products utilizing such data, in violation of the United States export laws or regulations.
13.13 Copyright/Trademark Information. Copyright © 2023, Pro Football Focus. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any PFF Marks will inure to PFF’s benefit.
13.14 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the contact information below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In addition, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.15 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
13.16 Contact Information:
PFF Legal
1216 Central Parkway
Cincinnati, OH 45202
[email protected]