MAJOR LEAGUE RUGBY TERMS OF SERVICE
Effective Date: January 19, 2023
Welcome to Major League Rugby’s Terms of Service (these “Terms of Service”). These Terms of Service are important because they describe your rights and obligations when using the https://www.majorleague.rugby/ (“Website”) and/or the mobile desktop software application Major League Rugby App developed now or in the future (“App”) (collectively, the “ Services”), offered by Major League Rugby and its affiliates (collectively, “Major League Rugby” “ we” “us” or “our”).
These Terms of Service constitute an agreement between the user (“you”) and Major League Rugby and govern your use of the Services.
PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN INDEMNIFICATION, GOVERNING LAW, DISPUTE RESOLUTION, ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SECTIONS THAT AFFECT YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL CLAIMS AGAINST US. Please read these Terms of Service and any other terms referenced in this document carefully. By using our Services, you agree that you have read, understand, and are bound by the Terms of Service. We may, in our sole discretion, revise the Terms of Service from time to time with the new terms taking effect on the date of posting. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
ACCESS TO THE SERVICES
Subject to the terms and conditions of the Terms of Service, we grant you a right to use the Services. Your right to use the Services will terminate immediately in the event that you are in breach of any of the Terms of Service. We may terminate this right at any time for any reason or no reason. Except for the rights expressly granted herein, we reserve all other rights, and no other rights, licenses or permissions are granted by implication or otherwise.
You do not need to create a Major League Rugby account (“User Account”) to access the Services; however, we may, from time to time, restrict access to certain features, parts, or content of the Services, or the entire Service to only those users who have created a User Account. In order to create a User Account, you must sign up by providing the required information, such as your name and email address, and complete any additional required steps.
If you create such an account, you are entirely responsible for the security and confidentiality of that account, including your password to access that account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of your account’s security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.
By creating a User Account, you agree to receive service related electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt-out of receiving promotional emails that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein.
OPERATION OF THE SERVICES
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Services. There may be times when all of (or certain features, parts, or content of) the Services become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of any of the Services, or any features, parts, or content of the Services.
You may only use the Services in accordance with the Terms of Service. You agree you will not engage or attempt to engage in any improper uses of the Services, including, but not limited to:
- violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- storing the Services (including pages of the Service) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Services (other than for page caching);
- removing or changing any content of the Services or attempting to circumvent the security or interfere with the proper working of the Services or any servers on which it is hosted;
- creating links to the Services from any other websites without our prior written consent;
- using any robot, data mining, screen scraping, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents;
- posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- interfering with or disrupting the Services or the servers or networks connected to the Services; and
- modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Services or any software used on or for the Services or causing others to do so.
SUSPENSION AND TERMINATION OF ACCESS TO THE SERVICES
Major League Rugby may, at its option and in its sole discretion, suspend, restrict or terminate your access to the Services if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any prohibited uses stated above; (iii) your use of the Services is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that Major League Rugby deems in its sole discretion as circumventing Major League Rugby’s controls, or abusing promotions which Major League Rugby may offer from time to time; or (vi) you breach these Terms of Service.
If Major League Rugby suspends or terminates your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that Major League Rugby’s decision to take certain actions, including limiting access to or suspending your access to the Services, may be based on confidential criteria that are essential to Major League Rugby’s risk management and/or security protocols. You agree that Major League Rugby is under no obligation to disclose the details of its risk management and/or security procedures to you.
INTELLECTUAL PROPERTY RIGHTS
You should assume that everything on the Services is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms of Service or with the express written consent of Major League Rugby. All photos, videos, images, and text on the Services, together with the design and layout of the Services (“Content”) are copyrighted and may not be used without Major League Rugby’s written permission. All intellectual property rights in the Services and in any Content of the Services (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms of Service gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Services.
These Terms of Service grant you a limited and non-exclusive right to use the Services. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the Content on our Services. You must not:
- Modify or make copies of any Content from the Services.
- Use any illustrations, photographs, video or audio sequences or any graphics available through the Services separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services.
USE OF MARKS
You may not copy or use the names, trademarks, logos, or brands of Major League Rugby or those of any of its affiliates or partners, in part, in modified form, or otherwise. Certain third-party names, trademarks, logos, and brands may appear on the Services, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SERVICES, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SERVICES.
THE SERVICES AND ALL CONTENT OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING THE LINKED WEBSITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION ON THE SERVICES OR ANY LINKED WEBSITE.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, ARISING FROM YOUR USE OF A LINKED WEBSITE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO FIVE DOLLARS (US$5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Major League Rugby, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Major League Rugby Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) your violation of these Terms of Service, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Major League Rugby of any claim(s) and shall cooperate fully with Major League Rugby Parties in defending such claims. You further agree that Major League Rugby Parties shall have control of the defense or settlement of any third-party claims.
The Services may contain links to other third-party websites and/or applications or otherwise re-direct you to other third-party websites, applications or services (collectively, the “Linked Websites”). The Linked Websites are not under our control and we are not responsible for any Linked Website, including, but not limited to, any content contained in a Linked Website or any changes or updates to a Linked Website. The Linked Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to a Linked Website, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED WEBSITES.
Major League Rugby provides these Linked Websites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to the Linked Websites or their products or services. You use all links in the Linked Websites at your own risk.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
These Terms of Service are governed by and all controversies, disputes, demands, counts, claims, or causes of action (“Disputes”) arising under, arising out of, or in connection with these Terms of Service will be resolved exclusively in accordance with the laws of the State of Texas, excluding its conflict of laws provisions. YOU HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
The following applies to all Disputes between you and Major League Rugby arising out of, under, or related to these Terms of Service or Major League Rugby’s privacy practices (including any action Major League Rugby may take or authorize with respect to information about or provided by you):
- All Disputes will be settled exclusively through binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“ AAA ”) and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Service EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and Major League Rugby must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Dallas, Texas; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR MAJOR LEAGUE RUGBY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Major League Rugby shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Major League Rugby will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or Major League Rugby in existing or subsequent litigation or arbitration involving any other person (including a User); and (viii) each side pays his, her or its own attorneys’ fees and expenses.
- Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state courts located in Dallas, Texas or the federal courts located in Dallas, Texas and each party hereby consents to the jurisdiction of those courts.
- As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
- With the exception of subparts (iv) and (v) in subsection (b) of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (iv) or (v) in subsection (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Major League Rugby shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Major League Rugby shall be exclusively brought in the state or federal courts specified in subsection (d) above.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Either party may enforce any provision of these Terms of Service by seeking to obtain equitable relief in addition to all other remedies at law or under these Terms of Service.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Major League Rugby, LLC
5910 N. Central Expressway
Dallas, Texas 75206
Apple. By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that the Terms of Service are entered into by and between Major League Rugby and you and not with Apple. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS ). These Terms of Service incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms of Service, the App is considered the “Licensed Application” as defined in the LAEULA and Major League Rugby is considered the “Application Provider” as defined in the LAEULA. If any of these Terms of Service conflict with the terms of the LAEULA, the terms of these Terms of Service shall control.
Google Play. By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Major League Rugby or you (or any other user) under these Terms of Service or the Google Play Terms.
Modification of These Terms of Service. We may, in our sole discretion, revise the Terms of Service from time to time by updating the Terms of Service, with the new terms taking effect on the date of posting. You should review the Terms of Service every time you use the Services as they are binding on you. If you do not agree with any such revisions or any new versions of the Terms of Service, you should not, and you are not granted a right to, use the Services.
Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Severability. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Entire Agreement. These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the Services shall constitute the entire agreement between you and us concerning the Services.
No Waiver. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.