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NewsletterShopJan 30Philly is Unrivaled

Effective Date: 2025-11-19


TERMS OF USE


These Terms of Use ("Terms") govern your access to and use of the websites, mobile applications, and online services operated by Unrivaled, LLC (referred to as “Unrivaled,” "we," "us," or "our"), including, without limitation, www.unrivaled.basketball, the Unrivaled online store at shop.unrivaled.com (the “Shop”) and any related websites, mobile applications, and online services that link to these Terms (collectively, the "Services").


IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND UNRIVALED ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 15 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO INDIVIDUAL, BINDING, AND FINAL ARBITRATION. IN ADDITION: (1) YOU AND UNRIVALED WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN COURT OR TO HAVE A JURY TRIAL FOR ANY CLAIMS.


1. ACCEPTANCE OF TERMS


By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services. Capitalized terms used but not defined in these Terms have the meaning given to them in our other policies (e.g., Privacy Policy).


2. DESCRIPTION OF THE SERVICES


Subject to the terms and conditions specified herein, the Services provide you with information regarding Unrivaled, league teams and players, including league information, team rosters, player statistics, schedules, scores, and news; official apparel, products and merchandise (the “Products”) through our Shop; ticket purchasing through authorized partners including Ticketmaster; user account creation and management; employment opportunity applications; contest and promotional participation; user-generated content features including reviews, comments, and community interaction; email newsletters and communications; customer service and support. Unrivaled maintains the Services for your personal entertainment, information, education, and communication.


3. ELIGIBILITY AND GEOGRAPHIC SCOPE


Eligibility.The Services are intended for users who are at least 18 years of age (or the age of majority in their jurisdiction) and who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you meet these eligibility requirements.


Geographic Scope.The Services are controlled and operated from the United States and are intended for users located in the United States and its territories. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.


4. PRIVACY


Your use of the Services may require you to provide us with certain personal information. Please review our privacy policy, available at (“Privacy Policy”) for details about our personal information practices. The Privacy Policy is incorporated into these Terms by reference.


5. ADDITIONAL TERMS


In some instances, additional or different terms, posted on the Services, may apply to your use of certain parts of the Services (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.


6. PROPRIETARY RIGHTS


As between you and Unrivaled, Unrivaled owns, solely and exclusively, all rights, title and interest in and to the Services, all of the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the “Content”), the look and feel, design and organization of the Services, and the compilation and arrangement of the Content on the Services, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership or title of, in or to any Content or any other part of the Services and, except for the limited rights and licenses granted under these Terms, you are not granted any right or license to use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit, in whole or in part, any Content or any other part of the site or Services for any purpose without Unrivaled’s express, prior written consent. 


Any trademarks, logos and service marks appearing on the Services are the intellectual property of Unrivaled, our licensors or certain other third parties. The Unrivaled name and logo and the league team names, logos, trademarks, service marks, emblems, designs, uniform trade dress, trade dress colors, game action photographs, video footage, and other league-related content and materials contained within the Services (including, but not limited to, player and team statistics, updated scores and other intellectual property related to the league and member teams) are the exclusive intellectual property of Unrivaled. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed thereon without the prior written permission of the applicable rights holder. The use of third-party trademarks, logos, service marks or trade names on the Services does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Unrivaled.


Images and videos of people or places displayed on the Services, including game action photographs and video footage, are either the property of, used with permission by, or entitled to use by Unrivaled. The use of these images or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Services. Any unauthorized use of the images or videos may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unrivaled neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with Unrivaled.


7. LIMITED PERMISSION TO ACCESS AND USE THE SERVICES


Subject to your compliance with these Terms, Unrivaled grants you a personal, limited, terminable, non-exclusive, non-transferable right to access the Services and use the Services solely for lawful purposes and only in accordance with the Terms. Your right to access the Services and use the Services shall automatically terminate upon any violation of these Terms. These rights are non-exclusive, limited, and revocable by Unrivaled at any time in our sole discretion without advance notice or liability. As your right to access the Services and use the Services is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only:


  • Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;


  • Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Services;


  • Subject to any applicable Additional Terms, if the Services includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Unrivaled, its teams or its players, and only send to recipients you have permission to contact;


  • If the Services includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;


  • Download, install and use one copy of any software, including apps, that we make available on or through the Services (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Unrivaled does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Unrivaled and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,  except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Unrivaled: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;


  • If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;


  • Link to the Services from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Unrivaled names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Unrivaled or cause any other confusion, and (c) the links and the content on your website do not portray Unrivaled or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Unrivaled. Unrivaled reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;


  • Use any other functionality expressly provided by Unrivaled on or through the Services for use by users, subject to these Terms (including, without limitation, functionality to create and/or post Submissions (as defined below)) and any applicable Additional Terms. 


Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.


8. SERVICES AND CONTENT RESTRICTIONS


Services Use Restrictions.  You agree that you will not: (i) use the Services for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any intellectual property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Unrivaled; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Unrivaled, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.


Content Use Restrictions.  You also agree that, in using the Services, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other intellectual property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Unrivaled or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Services.


9. PURCHASES ON SHOP.UNRIVALED.COM


The Products available for purchase on our Shop are for your personal use only. You may not sell or resell any of the Products that you purchase or otherwise receive from us or otherwise use the Services for any commercial purposes. Please note that we will track the purchases you make through the Services. We reserve the right to refuse service to anyone or discontinue any Products for any reason at any time. We reserve the right, but are not obligated, to (i) limit the sales of Products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of Products available for purchase per order; (iii) discontinue any Products at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.


Accuracy of Information. We attempt to be as accurate as possible when describing the Products on the Services; however, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In addition, the technical specifications and settings of your Device and its display could affect the accuracy of its display of the colors of Products offered on the Services.


FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SERVICES, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.


Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Services, including, without limitation, pricing information, except as required by law. No specified update to the Services should be taken to indicate that all of the information on the Services has been modified or updated.


Online Orders. When you place an order in our Shop, you are making an offer to purchase. Unrivaled reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Unrivaled confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Unrivaled may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.


Payments. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our Shop. You agree to promptly update your account and other information, including your email address, and payment information, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information that you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) any charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.


Shipping and Delivery. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.


10. CONTENT SUBMITTED BY USERS


By submitting content or information to Unrivaled through any communication including through the Services, email, chat or over the phone, including any product reviews, photographs, videos, comments or other submissions (each a “Submission”), you certify that: (i) your Submission consists of original material to which you have all rights; (ii) your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, trade secret, privacy or any rights giving rise to claims for idea misappropriation or violation of the right of publicity; (iii) your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and (iv) your Submission does not include any private or personally identifiable information about any third party.


By providing your Submission, except as prohibited by applicable law, you hereby assign to Unrivaled all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Submission, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Submission. Where the foregoing assignment is prohibited by law, you hereby grant Unrivaled a non-exclusive, perpetual, irrevocable, transferable and sublicensable worldwide right and license to use, reproduce, modify, display, perform, transmit, distribute and otherwise exploit your Submission, with or without attribution, and hereby waive all moral rights therein. Without limiting the foregoing, you further acknowledge and agree that: (a) any Submission will not be returned or kept confidential; (b) Unrivaled is not obligated to use or pay you for the Submission; (c) Unrivaled may publish the Submission in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered, including without limitation, the Services; (d) Unrivaled may edit or remove content, including any Submission, that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other proprietary rights or these Terms; (e) the Submission may be edited for length, clarity and/or functionality; (f) we may display your name (or applicable social media identifier) in conjunction with the Submission; and (g) your Submission may be shared with legal authorities if Unrivaled believes it is warranted or appropriate, or pursuant to a legal request.


When submitting content or information to Unrivaled, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed Submissions and assigned or licensed to us as set forth above.  In addition, Unrivaled retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Unrivaled’s receipt of your Unsolicited Ideas and Materials is not an admission by Unrivaled of their novelty, priority, or originality, and it does not impair Unrivaled’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.


11. THIRD-PARTY SERVICES; LINKED SITES


The Services may display, include, or make available content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources or materials from third parties or provide links to certain third-party websites or applications, including the content of merchants with whom we partner (“Merchants”, and collectively, “Third-Party Materials”). Any activities in which you engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of such Third-Party Materials, and Third-Party Materials are provided solely as a convenience to you. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party.


We expressly disclaim any endorsement, warranty, or guarantee of the products, services or content of Merchants or other third-parties. We are not an agent or broker or otherwise responsible for Merchants’ activities, policies, products or services. When you use the Services to access Merchants or other third-parties, you do so at your own risk. These Merchants and other third-parties are not under our control, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any aspect of content, functions, accuracy, transactions, legality, privacy policies, practices, terms of use, prices, offers, rates, opinions expressed, appropriateness or any other aspect of such third parties. We do not guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular Merchant or other third-party linked to from our Services are actually the terms that may be offered or provided to you. We reserve the right to enforce terms for promotions offered by Merchants that we partner with at our sole discretion. We encourage you to be aware when you link to a third-party and to read the terms, conditions and privacy policy of each third-party website or service that you visit or utilize.


12. DISCLAIMER OF WARRANTIES


YOU UNDERSTAND THAT THE USE OF THE SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF COMMUNICATING OVER THE INTERENT CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THEREFORE, YOU AGREE THAT UNRIVALED PARTIES (DEFINED BELOW) WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE SERVICES.


AS PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNRIVALED AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “UNRIVALED PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 


UNRIVALED MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE AND (IV) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE UNRIVALED’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE UNRIVALED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE PLATFORM OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNRIVALED PARTIES MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND UNRIVALED PARTIES WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION.


UNRIVALED PARTIES ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. UNRIVALED PARTIES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF A USER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDER, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, PANDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.


13. LIMITATION OF LIABILITY


AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL UNRIVALED PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE PRODUCTS OR ANY MATERIALS ON THE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR INFORMATION AVAILABLE ON THE SERVICES.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AN UNRIVALED PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID UNRIVALED IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.


SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.


14. INDEMNIFICATION


You agree to indemnify, defend and hold harmless Unrivaled and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (a) your use or misuse of the Services or any goods and services available or purchased on or through the Services; (b) the use of your Submissions; (c) any access to and/or use of your account (including by you or by any other person accessing or using your account); (d) your breach or alleged breach of any term of these Terms, our Privacy Policy, or any other policy posted on the Services applicable to your use of the Services; and (e) any illegal, unlawful, or wrongful conduct by you and/or any conduct by you that violates (or causes another person to violate) any applicable law, rule or regulation. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.


15. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER


PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH UNRIVALED AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 15 OF THESE TERMS SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT".


15.1 Mandatory Individual Arbitration.You and Unrivaled each agree that any and all claims, controversies, or disputes of any nature, including tort and statutory claims, arising out of or relating to these Terms, any Additional Terms, our Privacy Policy, the Services, the Content, your Submissions, or any purchase of any Product or any other transaction, including any questions of arbitrability (collectively, a “Dispute”), shall be settled by individual binding arbitration administered by JAMS in accordance with its applicable arbitration rules, as specified below, by a sole arbitrator or in small claims court. 


THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT. You and Unrivaled each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this Arbitration Agreement, including all questions of arbitrability (despite the general choice of law provision set forth below).


15.2 Pre-Arbitration Notification.Unrivaled and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Unrivaled need not do so in circumstances where its claims of intellectual property rights are concerned ("IP Disputes"). The party making a claim – whether you or Unrivaled – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Unrivaled is making a claim, the letter shall be sent, via email, to the email address listed in your Unrivaled account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 15.2. If you are making a claim, the letter shall be sent to Unrivaled, LLC, 601 Brickell Key Dr., Suite 700, Miami, Florida 33131 (Attn: Legal). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) the email address and telephone number associated with your Unrivaled account, if applicable; (c) a written description of the problem, relevant documents, and supporting information; and (d) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative. You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 15, or permitted by the applicable law. Either you or Unrivaled, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 15.4) before the expiration of this sixty (60)-day period.


15.3 Arbitration of Claims.If we are unable to resolve your Dispute within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings.  Any Dispute or arbitration demand relating thereto shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Miami, Florida before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected using the following procedure: (a) JAMS will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the JAMS within 14 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) JAMS shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, JAMS may exercise its discretion in appointing the arbitrator.


Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.  If you initiate an arbitration, you are required to pay JAMS an initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.


The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based.


If the Dispute could have been brought in small claims court, then either you or we may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a Dispute qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration. The substantive law that applies to such a dispute shall be Florida law, without regard to conflicts of laws principles.


The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms. 


Other than expressly set forth in the foregoing, neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any Dispute until such Dispute shall have been finally adjudicated via arbitration as herein provided, and then only for the enforcement of the arbitrator's award; provided, however, Unrivaled may seek interim, injunctive, or equitable relief in a court of competent jurisdiction, without thereby waiving its right to arbitrate or compel arbitration of the Dispute under this Section. 


15.4 Permissible Remedies; Limitation on Injunctive Relief.An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.  AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY UNRIVALED PARTY (INCLUDING YOUR SUBMISSIONS) OR A LICENSOR OF ANY UNRIVALED PARTY.


15.6 Governing Law.All Disputes and any other claim brought by you against Unrivaled or by Unrivaled against you pursuant to this Section 15, or otherwise related to the Services, Content, Submissions or other Unrivaled products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 15 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Unrivaled agree that we intend that this Section 15 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 15 can only be amended by mutual agreement. Either party may seek enforcement of this Section 15 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.


15.7 Class Action and Consolidated Actions Waiver ("Class Action Waiver").As permitted by applicable law, both you and we agree that a party may only bring claims in its individual capacity and on its own behalf. You and Unrivaled waive the right to bring any Dispute as a class, consolidated, mass, representative, collective, or private attorney general action, or to participate in a class, consolidated, mass, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, mass, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding.


15.8 Jury Trial Waiver.AS PERMITTED BY APPLICABLE LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND UNRIVALED EACH HEREBY WAIVE ANY RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING THERETO, INCLUDING ANY CLAIM SOUNDING IN CONTRACT, TORT, OR FRAUD. 


15.9 Small Claims Matters.Notwithstanding the foregoing, either of us may bring qualifying claim of Dispute (but not IP Disputes) in small claims court, subject to Section 15.2.


15.10 Supersede.The provisions of this Section 15 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 15 shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms. 


15.11 Severability Applicable to Arbitration Agreement.If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.


15.12 Forum Selection/Jurisdiction.The exclusive forum for any Disputes not required to be litigated in small claims court will be the state and federal courts in Miami, Florida, and you and Unrivaled hereby submit to the personal jurisdiction and venue of such courts.


16. NOTICE OF COPYRIGHT INFRINGEMENT


If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:


  • identification of the copyrighted work claimed to have been infringed;
  • identification of the allegedly infringing material on the Services that is requested to be removed;
  • your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
  • a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.


The copyright agent for notice of claims of infringement on the Services is:


DMCA Agent

Attn: Legal

Unrivaled, LLC

601 Brickell Key Dr., Suite 700

Miami, Florida 33131

Email: legal@unrivaledleague.com


17. MODIFICATIONS


We reserve the right, at any time in our sole discretion, to modify the Services with or without notice to you, by making those modifications available on the Services. We also reserve the right, at any time in our sole discretion, to modify these Terms and any Additional Terms; provided that any modifications to our Privacy Policy will be pursuant to the terms set forth therein. We will inform you of any changes to the Terms or any Additional Terms by posting those changes on the Services. Any modifications will be effective immediately upon posting on the Services. You may terminate your Account or cease using the Services if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Services following such notice period. We will note the effective date of the latest version of these Terms at the top of this page. It is your responsibility to review these Terms periodically.


18. TERMINATION


Except as indicated in this Section, these Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Services, including, without limitation, all Content you obtained prior to termination. Termination does not relieve you of any payment obligations relating to purchased Products or services and these Terms will continue to apply to all Products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.


19. NOTICES


You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on the Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by contacting us and discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms shall automatically terminate. Unfortunately, we cannot provide the Services to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.


20. MISCELLANEOUS


If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Unrivaled to enforce these Terms shall constitute a waiver of any of Unrivaled´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Unrivaled and you with respect to the subject matter hereto and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless provided as an update by Unrivaled to this document or signed in writing by an authorized officer of Unrivaled.


21. CONTACT INFORMATION


The Services are operated by Unrivaled, LLC, 601 Brickell Key Dr., Suite 700, Miami, Florida 33131.


To submit feedback, comments, requests for technical support, and other communications relating to the Services, please contact Unrivaled via the email form on the “Contact Us” page.