TERMS AND CONDITIONS
GENERAL
This Website is
operated by Intermarket Insurance Agency INC. Fantasysportsinsurance.com is an
online service offering fantasy sports disability insurance for the fantasy
sports community. The following Terms and Conditions ("T&C") apply to your use
of
Fantasysportsinsurance.com, including access to the Services and
Content available throughout Fantasysportsinsurance.com.
Please read these T&C carefully before using Fantasysportsinsurance.com,
accessing the Content and/or using the Services.
By using Fantasysportsinsurance.com,
the Services, or the Content, you are consenting to the T&C expressed in this
agreement. Your use of Fantasysportsinsurance.com, the
Content, and the Services is also subject to all applicable laws and
regulations. If you do not agree to any of the T&C in this agreement, you should
not use
Fantasysportsinsurance.com, the Services, or the Content. Your
use of Fantasysportsinsurance.com, the
Content, and the Services is also managed by our Privacy Policy.
Fantasy Sports
Insurance will not be liable for any damages of any kind resulting from the use
of
Fantasysportsinsurance.com, including but not limited to direct,
indirect, incidental punitive and consequential damages. Fantasy Sports
Insurance will not be liable for any damages that may result from
misrepresentation of age by a user of Fantasysportsinsurance.com.
Fantasy Sports Insurance does not warrant that Fantasysportsinsurance.com will
operate error-free or that Fantasysportsinsurance.com and its
servers are free of computer viruses and other harmful goods. If your use of
Fantasysportsinsurance.com
or the material results in the need for servicing or replacing equipment or
data, Fantasy Sports Insurance is not responsible for those costs.
TERMS OF SERVICE
Fantasy Sports
Insurance provides Fantasysportsinsurance.com, the
Content and the Services to you subject to the following T&C. We reserve the
right to make changes to our site and these disclaimers, terms, and conditions
at any time with or without notice to its users. By use of Fantasysportsinsurance.com
you irrevocably consent that any claim against the Fantasy Sports Insurance will
be brought in a court in the State of
SERVICES AND CONTENT
Fantasysportsinsurance.com currently provides users with the means to purchase fantasy disability
insurance, and other interactive and non-interactive features, all of which may
be updated, deleted, or otherwise modified from time to time at the discretion
of Fantasy Sports Insurance. In addition, Fantasysportsinsurance.com
provides access to certain photographs, text, images, statistics, logos, and
other media and intellectual property related to or otherwise associated with Fantasysportsinsurance.com.
Unless stated otherwise. Fantasysportsinsurance.com. the
Services and the Content are subject to the T&C. You understand and agree that Fantasysportsinsurance.com,
the Services, and the Content are provided AS IS and that Fantasy Sports
Insurance assumes no responsibility in connection with your use of Fantasysportsinsurance.com,
the Services, or the Content. Fantasysportsinsurance.com, the Services, and the
Content are provided for your noncommercial entertainment and enjoyment. You
may not distribute, modify, republish, or publicly display any of the Content or
Services unless you have the prior written permission of Fantasy Sports
Insurance, which permission may be withheld at Fantasy Sports Insurance's sole
discretion.
BACKGROUND INFORMATION
In order to use the
Services, you will be required to register with Fantasysportsinsurance.com
by providing certain information about yourself, including but not limited to
your name and e-mail address. In consideration of your use of the Services, you
agree to provide true, accurate, current and complete information about yourself
as requested in connection with the provision of and/or registration for any of
the Services, subject, of course, to all applicable laws. If you provide any
information that is untrue, inaccurate, not current, or incomplete, or Fantasy
Sports Insurance has reasonable grounds to suspect that such information is
untrue, inaccurate, not current, or incomplete, Fantasy Sports
Insurance has the right to suspend or terminate your coverage and/or refuse any
and all current or future use of the Services.
ELIGIBILITY
Fantasy Sports
Insurance is open to: (a) Registered members: (b) legal residents of one (1) of
the fifty (50)
Employees, officers,
directors, agents, representatives and their immediate family members (and those
living in the same household) of Fantasy Sports Insurance or sponsors of any
Contests are not eligible to win any awards.
CANCELLATION
Fantasysportsinsurance.com reserves the right to cancel or terminate the product/service at any time
prior to the start of the regular season of the respective sports in which
coverage is being purchased, due to an act of terrorism, an act of God, or any
other event or reason in their sole discretion. If such cancellation occurs,
then
Fantasysportsinsurance.com
will return all premiums and fees collected from participants. Fantasysportsinsurance.com
is not responsible for any losses or liability for any losses claimed by any
participant or co-manager due to cancellation of the Contest.
DISPUTES
Any disputes or
appeals regarding the products and services will be decided by Fantasysportsinsurance.com
using its interpretation of New York State Insurance Law. Any and all disputes must be submitted via email
to the website administrators. The deadline for submitting a product or service
dispute or claim is midnight EST prior to the start of the first regular season
game. All rulings made by
Fantasysportsinsurance.com
are final and binding.
Claims
Claim Notification and Payment
Clients with a valid
claim will receive payment for policy within 30 days following the final game of
the respective seasons final regular season game. By
purchasing Fantasy Sports Insurance, the client grants permission to Fantasysportsinsurance.com
to use their names and/or likenesses for publicity and promotional purposes
without further compensation, unless prohibited by law, and agree to execute a
written consent.
PRIVACY POLICY
All information
collected about you during registration for use of the Services will be used in
accordance with our Privacy Policy and all applicable laws.
PASSWORDS AND SECURITY
You are responsible
for maintaining the confidentiality of your password, and are fully responsible
for all activities that occur under your password. Fantasy Sports Insurance
cannot and will not be liable for any loss or damage arising from your failure
to comply.
MEMBER CONDUCT
You agree that in connection with your use of Fantasysportsinsurance.com,
the Services, and the Content you will not:
a.
Upload, post, email or otherwise transmit any content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or
racially, ethnically or otherwise objectionable:
b.
Harm or attempt to harm minors in any way;
c.
Impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity,
d.
Upload, post, email or otherwise transmit any content
that you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
e.
Upload, post, email or otherwise transmit any content
that infringes any patent, trademark, trade secret, copyright or other
intellectual property right of any party:
f.
Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation:
g.
Upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment:
h.
Interfere with or disrupt Fantasysportsinsurance.com,
the Services, the Content or servers or networks connected to Fantasysportsinsurance.com,
the Services or the Content, or disobey any requirements, procedures, policies
or regulations of networks connected to Fantasysportsinsurance.com, the
Services and/or the Content:
i.
Intentionally or unintentionally violate any applicable
local, state, national or international law.
USER MESSAGES
With respect to any
messages, information, data, graphics, photographs, images, creative ideas,
concepts, know-how, techniques, suggestions or improvements or other content
that you transmit, submit, post or upload to Fantasysportsinsurance.com
and/or in connection with any of the Services (each, "Message"), you are, by
transmitting or uploading such Message, granting Fantasy Sports Insurance a
perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and
irrevocable right and license to use, reproduce, modify, publish, translate,
prepare derivative works based upon, and distribute such Message for any purpose
and in any form. This license is granted automatically and no payment of any
kind will be due to you. At times, Fantasy Sports Insurance may solicit Messages
from users. Your provision of any such Messages in response to a solicitation by
Fantasy Sports Insurance shall be subject to a grant of a license to Fantasy
Sports Insurance as specified above.
When any user posts
any Message to Fantasysportsinsurance.com or any of
the Services, Fantasy Sports Insurance shall have the right, but not the
obligation, to review, edit or delete any Message for any reason, at Fantasy
Sports Insurance’s sole discretion. It is Fantasy Sports Insurance
policy to fully cooperate with law enforcement authorities and court orders which
request or require Fantasy Sports Insurance to disclose personal information or
the postings of anyone posting Messages to Fantasysportsinsurance.com or any of
the Services. Although Fantasy Sports Insurance may monitor and/or review
Messages from time to time, it is under no obligation to do so and does not
assume any liability or responsibility with respect to any Messages including
those that contain errors, defamatory content, pornography, profanity or
inaccuracies.
You acknowledge and
agree that Fantasy Sports Insurance may preserve Messages and may also disclose
Messages if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the T&C; (c) respond to claims that any Message violates
the rights of third-parties: or (d) protect the rights, property, or personal
safety of Fantasy Sports Insurance, its users and the public. You understand that the technical processing and transmission of the
Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
INDEMNITY
You agree to
indemnify, defend and hold harmless Fantasy Sports Insurance, the directors,
governors, owners, other officials, partners, partnerships, principals,
employees, affiliates and other related entities, servants, agents,
representatives, successors and assigns from and against any claim or demand,
including reasonable attorneys' fees, arising out of Messages you post to,
submit or transmit through Fantasysportsinsurance.com or the
Services, your use of Fantasysportsinsurance.com or the
Services, your connection to Fantasysportsinsurance.com or the
Services, your violation of the T&C, or your violation of any rights of another.
MODIFICATIONS TO FANTASYSPORTSINSURANCE.COM
Fantasy Sports
Insurance reserves the right at any time to modify or discontinue, temporarily
or permanently,
Fantasysportsinsurance.com
or Services (or any part thereof) with or without notice.
TERMINATION
You agree that
Fantasy Sports Insurance, in its sole discretion, may terminate your password or
use of
Fantasysportsinsurance.com
and/or the Services for any reason, including, without limitation, for lack of
use or if Fantasy Sports Insurance believes that you have violated or acted
inconsistently with the letter or spirit of the T&C. Fantasy Sports Insurance
may also in its sole discretion and at any time discontinue providing
Fantasysportsinsurance.com
or the Services, or any part thereof, with or without notice. You agree that any
termination of your access to the Services under any provision of this T&C may
be effected without prior notice, and acknowledge and agree that Fantasy Sports
Insurance may immediately deactivate or delete your password and all related
information and/or files corresponding to your password and/or bar any further
access to such files or the Services.
ADVERTISERS AND VENDORS
Your correspondence
or business dealings with, or participation in promotions of, advertisers and
vendors found on or through the Services or Fantasysportsinsurance.com.
Including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser and/or vendor. You agree that Fantasy
Sports Insurance shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers or vendors on Fantasysportsinsurance.com or in
connection with the Services. All of your business dealings with vendors and
advertisers appearing on Fantasysportsinsurance.com or in
connection with the Services shall be at your sole risk.
LINKING
Fantasysportsinsurance.com and/or Services may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Fantasy Sports Insurance has no
control over such sites and resources, you acknowledge and agree that Fantasy
Sports Insurance is not responsible for the availability of such external sites
or resources, and do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Fantasy Sports
Insurance shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
site or resource.
LINKING TO FANTASYSPORTSINSURANCE.COM
No link to Fantasysportsinsurance.com
may be 'framed" to the extent such frame contains any sponsorship, advertising,
or other commercial text or graphics. All links to Fantasysportsinsurance.com
must be to
Fantasysportsinsurance.com
home page. "Deep Linking" to internal pages of Fantasysportsinsurance.com
is expressly prohibited.
NOTICE
Notices to you may be
made via either email or regular mail. Fantasysportsinsurance.com
may also provide notices of changes to the T&C or other matters by displaying
notices or links to notices to you generally on the Services.
PROPRIETARY RIGHTS
Services and Content
are the property of Fantasy Sports Insurance and are licensed to Fantasy Sports
Insurance and may not be reproduced without the prior written consent of Fantasy
Sports Insurance. You further acknowledge and agree that any necessary software
used in connection with Fantasysportsinsurance.com , the Services, and the
Content (the "Software") contains proprietary and confidential information that
is protected by applicable intellectual property and other laws and are either
owned by or licensed to Fantasy Sports Insurance: and (ii) content contained in
sponsor advertisements or information presented to you through
Fantasysportsinsurance.com, the Services, and the Content or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Fantasy
Sports Insurance or advertisers, you agree not to reproduce, republish, upload,
post, transmit, distribute, copy, publicly display or otherwise use any Content
or any derivative works based on Fantasysportsinsurance.com,
Services, Content or the Software, in whole or in part. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software.
including (without limitation) for the purpose of obtaining unauthorized
access to the Services. You agree not to access the Services by any means other
than through the interface that is provided by Fantasy Sports Insurance for use
in accessing the Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Fantasy Sports Insurance - Terms and
Conditions General
YOUR USE OF FANTASYSPORTSINSURANCE.COM,
THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND
THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANTASY SPORTS
INSURANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
a.
FANTASY SPORTS INSURANCE MAKES NO WARRANTY
THAT (i) FANTASYSPORTSINSURANCE.COM, SERVICES
OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) FANTASYSPORTSINSURANCE.COM,
THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED. TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF
FANTASYSPORTSINSURANCE.COM, THE SERVICES OR THE CONTENT WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
FANTA.SYFOLDEM.COM, THE SERVICES OR THE CONTENT WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON FANTASYSPORTSINSURANCE.COM WILL BE
CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF FANTASYSPORTSINSURANCE.COM OR THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM FANTASYSPORTSINSURANCE.COM OR
THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE T&C.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT FANTASY SPORTS INSURANCE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTASY SPORTS INSURANCE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE FANTASYSPORTSINSURANCE.COM,
THE SERVICES, OR THE CONTENT: (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FANTASYSPORTSINSURANCE.COM,
THE SERVICES, OR THE CONTENT: (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA: (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FANTASYSPORTSINSURANCE.COM,
THE SERVICES, OR IN THE CONTENT: OR ("v) ANY OTHER MATTER RELATING TO FANTASYSPORTSINSURANCE.COM,
THE SERVICES. OR THE CONTENT.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS Disclaimer of Warranties AND
Limitation of Liability MAY NOT APPLY TO YOU.
OTHER CONDITIONS
The T&C
constitute the entire agreement between you and Fantasy Sports Insurance and
governs your use of Fantasysportsinsurance.com, the Services, and access to the
Content, superseding any prior agreements between you and Fantasy Sports
Insurance. You also may be subject to additional T&C that may apply when you use
affiliate services, third-party content or third party software. The T&C and the
relationship between you and Fantasy Sports Insurance shall be governed by the
laws of
QUESTIONS
If you
have any questions or comments about Fantasy Sports Insurance's terms and
conditions and other related state of affairs, please feel free to contact us at info@fantasysportsinsurance.com.