These Terms and Conditions (“Terms”) constitute a legally binding agreement between Gameplan First, LLC d/b/a Renegade Fantasy (“Renegade Fantasy”) and you regarding your use of the Renegade Fantasy mobile application, web application, and related services (collectively, the “Service(s)”).

By using the Services, and any content, materials, features, or functionality provided through the Services, or by clicking accept to agree to the Terms, you agree to be bound by the following Terms, our Privacy Policy, and any official rules and/or additional terms for the applicable contests and/or promotions provided in accordance with the Services. All such terms are hereby incorporated by reference into these Terms. Any new features or tools that are added to the current Services shall also be subject to the following terms.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Acceptance of Terms and Modifications

User Agreement: Renegade Fantasy owns and operates the website https://www.renegadefantasy.com/ (the “Website”) and related mobile apps (iOS and Android) (the “App”) that links to these Terms. By accessing or using the Services or by clicking accept to agree to the Terms when this option is made available to you, you acknowledge that you have the right, power, and legal capacity to accept these Terms and that you have read, understood, and agree to be bound by (a) these Terms and other policies in place relevant to your participation on the Platform, and (b) all applicable laws and regulations governing your use of the Services. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Services.

Changes to Terms: Renegade Fantasy reserves the right to change these Terms from time to time, at any time, without prior notice. Any such changes shall take effect when posted on the Website. We will alert you of any changes by updating the “Last Updated” date of these Terms. It is your responsibility to periodically review these Terms to stay informed of any and all updates. Your continued access and/or use of the Services following any such change constitutes your continued acceptance and agreement to be bound by such change.

Access and Use of the Service

Eligibility: You must be at least eighteen (18) years old and a legal U.S. resident of one of the fifty (50) United States or the District of Columbia to open an account, participate in Services, and win prizes offered via the Services.

You agree to abide by all applicable laws in the jurisdiction where you are located while using the Services. We have the right, at any time, to request you to furnish us with proof of your identity, your age and/or your place of residence. Your account may be suspended pending receipt of this information to verify your eligibility to use the Services. If, as determined in our sole discretion, an account is deemed to be in breach of any term within this section, any prizes won by use of that account will be forfeited.

Employees (including, without limitation, part-time or temporary employees) of Renegade Fantasy, its participating contest media and digital partners, their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, siblings (half and full) and the steps of each of the foregoing) (“Immediate Family Members”) of each of the above not permitted to play in any public contests for prizes; provided, however, Employees and Immediate Family Members are permitted to play in the following contests: sponsored Private Contests, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not hosted by Renegade Fantasy or any affiliate of Renegade Fantasy. A Private Contest may be hosted by another participating Employee, relative, friend of the Employee, or Immediate Family Member.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Family Members, are not eligible to participate in, and are strictly prohibited from entering, any contests or tournaments in the sport in which they are associated.

By registering an account or otherwise accessing the Services, you represent and warrant that:

If Renegade Fantasy determines that you do not meet the eligibility requirements, you are not eligible to use the Services.

User Accounts

Account Registration: You must sign up and register an account with Renegade Fantasy in order to access the Services. You may establish only one account per person, and you must be of legal age in the jurisdiction in which you physically access the Services in order to create an account. In the event Renegade Fantasy discovers that you have opened more than one account, Renegade Fantasy reserves the right to: (i) suspend or terminate any or all of your accounts and prohibit you from further utilizing the Services, and (ii) terminate, withhold or revoke the awarding of any prizes associated with your account.

By registering an account, you: (i) confirm that you have read these Terms and that you agree to be bound by them, our rules, and our Privacy Policy, each of which is incorporated by reference into these Terms, and (ii) represent that you are legally able to enter into a binding contract, agree to the use of electronic communication in order to enter into contracts and that you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non-electronic) signature, to the extent permitted under applicable law. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form, including, but not limited to, your age, full name, and a valid email address. You represent and warrant that all registration and account information you supply to us is complete and accurate and will be kept up to date. You are responsible for maintaining the accuracy of this information. Should the registration information provided prove false or misleading, we may suspend or terminate your account. Our Privacy Policy governs registration data and other information collected regarding your use of the Services.

Account Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to notify Renegade Fantasy via email (contact@renegadefantasy.com) of any unauthorized use of your username, password, or account or any other breach of security. Renegade Fantasy will not be liable for any such losses incurred due to the unauthorized use of your account.

Termination or Suspension of Accounts: You have the right to close your account at any time. We reserve the right to suspend your account for any period we see fit if we reasonably believe that your account is being used in violation of applicable law(s). We also reserve the right to suspend or immediately terminate your account and/or take reasonable legal action if we reasonably believe that you (i) are cheating or engaging in fraud, (ii) are under the legal age in the jurisdiction in which you reside, (iii) have provided incorrect and/or false information during registration of your account, (iv) have created multiple accounts, or (v) have otherwise committed a breach of these Terms, the Privacy Policy, or any contest rules.

Modifications to Services: Renegade Fantasy reserves the right to modify or discontinue the Services with or without notice. You agree that Renegade Fantasy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Purchases

Payment Information: You may make purchases through your account upon the providing of necessary payment information. Renegade Fantasy reserves the right to close your account if a purchase is charged back, or if it is determined that you have violated any of the Terms at the time of making a purchase.

In order for you to make any purchases by credit card, you must be the authorized user of such credit card. We are not liable for any loss caused by any unauthorized use of your credit card or other payment method by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other payment methods, failure to honor legitimate charges or requests for payment (including, without limitation, filing fraudulent chargeback claims), or any other violation of these Terms will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.

Third Party Payment Processing: Renegade Fantasy uses third-party electronic payment processors and financial institutions (“Payment Processor(s)”) to process payments for products offered via the Services. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us to instruct such Payment Processors to handle payments and you irrevocably agree that Renegade Fantasy may give such instructions on your behalf in accordance with your requests as submitted through the Services. Notwithstanding, you acknowledge that the terms between you and the third-party payment service provider are governed by a separate agreement and are not subject to these Terms. It is your responsibility to review any agreements you may have with such third-party payment service provider, and you agree Renegade Fantasy shall not be liable for any damages resulting from your use of any third-party payment service provider.

Refund Policy: All purchases are final. Except as otherwise provided in these Terms, no refunds will be issued.

Fantasy Sports Contests

Free To Play: All fantasy sports contests and/or leagues offered on Renegade Fantasy are free to play, as there is no entry fee required to participate. Renegade Fantasy may offer contests either with or without real money prizes (i.e. Prize Leagues), or other prizes of value (including, promotional prizes). Prizes may vary depending on the contest. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of a contest, Renegade Fantasy reserves the right in its sole discretion to determine whether or not to award such prizes.

Games of Skill: All fantasy sports contests offered by Renegade Fantasy are games of skill. Winners are determined by the objective criteria described in the contest rules, scoring, and any other applicable documentation associated with the contest. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and applicable fantasy sports rules to accumulate the most fantasy points according to the corresponding contest rules. Our Services (including, but not limited to, the contests) may not be used for any form of illicit gambling

Contest Rules: For each applicable contest, the associated prizes are shown in advance. See each contest’s rules for more information. Each contest is governed by its own set of rules and we encourage you to read the rules prior to entry. Unless otherwise set forth in the rules for each contest, these Terms shall apply to all contests. Eligibility for entry into contests will be determined by us and may vary dependent upon the contest, prize, sport, and such other variables as may be determined by us from time to time. You must have a registered account in order to enter a contest. After each contest ends, the winners are announced but subject to final verification. The contest results will be considered final once verified by Renegade Fantasy.

Prizes/Taxes: All taxes associated with the receipt of any prize are the sole responsibility of the winner. You are solely responsible for filing and paying any applicable taxes on winnings from using the Services. If during the previous year you won $600 or more, you will be asked to provide necessary tax information to Renegade Fantasy. In the event that any legal authority challenges the awarding of any prizes to winners of a contest, Renegade Fantasy reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that Renegade Fantasy reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Contest Scoring and Results: To the extent that Renegade Fantasy offers 'live' scoring during gameplay, all 'live' scoring and other information provided is unofficial. Contest results will be based solely on the final statistics and scoring result at the completion of the last sports game relating to each contest, in accordance with data provided by our third party data providers, which is subject to human error and may not be 100% accurate. As such, we cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. The scoring results of a contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates; however, we reserve the right to make corrections or amendments to the scoring or points allocated during a contest at any time before the prize for that contest has been awarded. Once contest results are reviewed and verified, prizes are awarded. For more information regarding the scoring and points allocation system, please review the applicable rules for the contest.

Disqualification and/or Cancellation of Contests: We reserve the right, in our sole and absolute discretion, to deny any contestant the ability to participate in contests for any reason whatsoever. Further, we may, in our sole and absolute discretion, invalidate any contest result for the purpose of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity. Additionally, we reserve the right to suspend contest entries and/or cancel a contest at any time. Prizes will only be awarded if a contest is run to completion. Renegade Fantasy may also disqualify you from a contest, refuse to award prizes, require the return of prizes, or suspend, limit, or terminate your account if you engage in conduct that Renegade Fantasy, in its sole discretion, deems to be improper, unfair, or adverse to the operations of the Services. You acknowledge that the forfeiture or return of any prize shall not prevent Renegade Fantasy from pursuing criminal or civil proceedings in connection with such conduct.

We also reserve the right to cancel, suspend, and/or void any entries at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event (each, a “Force Majeure Event”); (ii) there is any issue with statistical tracking and/or other data used to run a contest; (iii) we suspect a breach any of these Terms; (iv) the integrity of the contest has been called into question; or (v) collusion between players has, or is believed to have, taken place. The failure of Renegade Fantasy to comply with any provision of these Terms due to a Force Majeure Event shall not be considered a breach of these Terms.

Conditions of Use

Prohibited Conduct: Renegade Fantasy reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including without limitation, removing the offending user from the Service (including, without limitation, any contest), suspending or terminating the account the offending user and/or reporting the offending user to law enforcement authorities. You agree not to engage in any of the following activities regarding your use of the Services:

Violation of our rules may result in the suspension or termination of your account and/or forfeiture of any prizes associated with your account. Further, you acknowledge and agree that Renegade Fantasy may remove any user content and terminate any Renegade Fantasy account at any time upon receipt of such claims or allegations from authorities or other third parties. Any attempt by a participant or any other individual to deliberately damage the Services or undermine the legitimate operations of any contest may be considered a violation of criminal and or civil laws and Renegade Fantasy reserves the right to seek damages and other remedies from such individual to the fullest extent available by law.

Release: By entering into a contest or accepting any prize, to the fullest extent allowable by law, you grant Renegade Fantasy and our affiliates, suppliers, licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. Renegade Fantasy may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.

Consent to Privacy Policy: Renegade Fantasy reserves the right, and you grant Renegade Fantasy the authority, to use and assign all information regarding your use of the Services provided by you in any manner consistent with our Privacy Policy.

Malfunctions: Renegade Fantasy is not responsible for any incorrect, invalid, or incomplete entry information; human errors; technical malfunctions; failures including public utility or telephone outages; omissions, interruptions, deletions, or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrant’s or any other person’s device relating to or resulting from participation in a contest; inability to access the Services, or any web pages that are part of or related to the Services; theft, tampering, destruction or unauthorized access to, or alteration of entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

Condition of Participation: Participation in each contest must be made only as specified in these Terms and applicable contest rules. Failure to comply with these Terms or applicable contest rules will result in disqualification and, if applicable, prize forfeiture.

Contest Entries: All contest entries shall become the property of Renegade Fantasy.

Intellectual Property Rights

Service Content, Software and Trademarks: All title, ownership and intellectual property rights in and to the Website, App, or Services are owned by Renegade Fantasy. You acknowledge and agree that the Website, App and/or Services contain proprietary and confidential information that is protected by copyright and other intellectual property laws.

The “Renegade Fantasy” name and logo(s) are trademarks and service marks of Renegade Fantasy. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Renegade Fantasy. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Renegade Fantasy’s trademarks without our prior written permission in each instance.

Content on the Website and/or App is provided to you “AS IS” and for your informational and personal use only.

License: Subject to your compliance with these Terms, Renegade Fantasy grants you a limited, non-exclusive license to access and use the Services on your computer, tablet, smart phone or other device for your personal and non-commercial use only. No part of any material, content, intellectual property, or data provided by Renegade Fantasy (collectively, “Service Content”) may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that this license does not grant you the ability to reproduce, distribute, assign, sublicense, sell, prepare derivative works, or conduct any other such activity related to the Service Content found on or through the Services, except as expressly provided by these Terms. Renegade Fantasy reserves all rights in and to the Website, App, and Services not expressly granted to you under these Terms. You acknowledge and agree that your use of the Services does not grant you any ownership to any material, content, or data that you may access by or through your use of the Services.

User Content: You understand that all content created by users of the Services (“User Content”), including, but not limited to, profile information and communications with other users, whether privately or publicly transmitted or made available, is the sole responsibility of the person from which such User Content is originated. You acknowledge and agree that you are responsible for any User Content that you may create, post, share, transmit or otherwise make available via the Services. Renegade Fantasy will not be responsible in any way for any User Content uploaded or otherwise provided via the Services. You acknowledge that Renegade Fantasy may or may not pre-screen User Content, but that Renegade Fantasy and its designees have the right, but not the obligation, in their sole discretion to permanently remove, un-remove, and/or delete User Content. We encourage you to report any User Content that may violate these Terms to us at contact@renegadefantasy.com. You agree that you shall bear all the risks associated with your use of any User Content and you further acknowledge that you bear the sole risk for reliance on any User Content available on or through the Services. When you submit any User Content you grant Renegade Fantasy an irrevocable, fully-sublicensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, broadcast, sell, translate, sublicense, and/or create derivative works of such User Content

You are solely responsible for your interactions with other users of the Services. We reserve the right, but are under no obligation, to monitor such interactions between you and other users of the Services.

Submissions/Feedback: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to Renegade Fantasy are non-confidential, and Renegade Fantasy shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

DMCA Notification: If you believe that your copyright has been infringed, please provide a written notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following:

Please send all notices to contact@renegadefantasy.com

Third-Party Websites

The Services may include links to other websites or resources. You understand and agree that Renegade Fantasy has no control over the availability of such third party websites or resources and is not liable for any content, products, services, or other materials on any third party websites. You further acknowledge and agree that Renegade Fantasy is not responsible or liable for any damage or loss caused or alleged to be caused by your use of or reliance on any such content, products, services, or materials of third party websites or resources. Any dealings you have with third parties while using the Website or Services are between you and the third party, and you agree that Renegade Fantasy is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release and to indemnify and to hold harmless Renegade Fantasy and each of its, subsidiaries, affiliates, agencies, as well as the officers, directors, employees, shareholders, and representatives of any foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorney’s fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, the receipt, ownership, use or misuse of any prize, and claims based on publicity, defamation, or invasion of privacy.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

RENEGADE FANTASY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, RENEGADE FANTASY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, RENEGADE FANTASY AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. RENEGADE FANTASY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENEGADE FANTASY ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL RENEGADE FANTASY BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, PROPERTY DAMAGE, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RESULTING FROM USING THE SERVICES OR THE INABILITY TO USE THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENEGADE FANTASY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO RENEGADE FANTASY FOR GENERAL USE OF THE WEBSITE OR SERVICES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration:

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

a) Initial Dispute Resolution

Our customer support team is available at contact@renegadefantasy.com to address any concern or questions you may have about the Services. For any problem or dispute that you may have with Renegade Fantasy, you acknowledge and agree that you will first give Renegade Fantasy an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute by sending an email to contact@renegadefantasy.com. The parties shall use their best efforts to resolve and settle any dispute, claim, question, disagreement, and engage in good faith negotiations, which shall be a condition to either party in initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of 30 days following receipt of written notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

b) Arbitration Agreement

You agree that any and all disputes or claims that have arisen or may arise between you and Renegade Fantasy, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, or any and all other aspect of the relationship or transactions between us and/or otherwise relating to or arising from your use of the Services, shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Arbitration Agreement. You agree that by entering into these Terms, you and Renegade Fantasy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

c) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND RENEGADE FANTASY AGREE THAT EACH OF US SHALL BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RENEGADE FANTASY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

d) Arbitration Procedures

Arbitration will be administered by JAMS pursuant to the applicable set of Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.

Notwithstanding the foregoing arbitration provisions, in no event shall Renegade Fantasy be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed Intellectual Property rights in a court of appropriate jurisdiction.

e) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

f) Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (c) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (c) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.

g) 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the Arbitration Agreement and class action waiver provisions set forth above by sending notice of your decision to opt-out to the following email address: contact@renegadefantasy.com. The notice must be sent within 30 days of your first registration of your account; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Renegade Fantasy also will not be bound by them.

(h) Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

Renegade Fantasy may terminate or suspend your access to any or all parts of the Services, without prior notice or liability, if you breach any of the Terms. Upon termination of your account, your rights to use the Services will cease immediately. If you wish to terminate your Renegade Fantasy account, please contact us at contact@renegadefantasy.com.

General

These Terms constitute the entire agreement between you and Renegade Fantasy and govern your use of the Services, superseding any prior agreements between you and Renegade Fantasy with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Renegade Fantasy agree to submit to the personal and exclusive jurisdiction of the courts located in Cook County, Illinois. The failure of Renegade Fantasy to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the parties. Unless otherwise stated, no individual athlete, or professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Renegade Fantasy or in any way affiliated or associated with the contests offered through the Services. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be binding on your successors, heirs, personal representatives, and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign rights or delegate duties under these Terms to an affiliate, acquiring company, or subsidiary in our sole discretion. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Renegade Fantasy may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.

Contact

Electronic Communication: You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature for delivery or retention of non-electronic records.

Contact Information: If you have any questions or concerns regarding these Terms, Website, App, or Services, please contact us at contact@renegadefantasy.com.