TERMS OF SERVICE
1. Ownership and use restrictions
1. Ownership and use restrictions
The Site is owned and operated by PFL. PFL reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site on our behalf.
The Content contained on or distributed within the Site and Services (such as video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services) are either owned by, or licensed to, PFL. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may make ordinary use of the Site and/or Services for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the Content. You may not reproduce, republish, publicly display, prepare derivative works based upon, or distribute the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of PFL, and nothing herein shall imply any license or right otherwise. Modification of any Content or its appearance on the Site or Services in any manner is a violation of the applicable owner's copyright and other proprietary rights.
The word marks, logos, trade names, look and feel, and designs of PFL and the Site and the Services are the exclusive property of PFL and our licensors, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images and videos of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, PFL. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with PFL.
2. Registration for the of certain features
2.1 Registration; Privacy
2.2 User Name
In order to use certain functionalities of the Site and/or Services, you may be asked to select a User Name for identification purposes. You must not use any User Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this section.
2.3 Shop purchases
We may offer to sell certain items in our shop. Your purchase of items may require that you register an account and be subject to additional terms and conditions that you must accept, approval of your valid payment card, and verification of other information that we may request from you.
3. Services and Content
The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of PFL.
3.1 User Content
a. The Site and the Services may offer opportunities for you to send or post content in connection with various features such as contests, games, message boards, blogs and other user content submissions.
b. You must post User Content in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any content that violates the Code of Conduct for the Site and Services as set forth below.
d. Although we or our Vendors may from time to time monitor or review User Content submitted on the Site/Services, neither PFL nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content nor for any error, defamation, libel, slander, omission, falsehood, offensiveness, or inaccuracy contained therein. Display of any User Content does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither PFL nor our Vendors are responsible for, and do not guarantee, the accuracy or reliability of any User Content.
e. User Content submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting User Content or a User Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or used by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in "Submissions", below.
By providing any User Content or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited ("Submissions"), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). We shall also have the absolute right, but not the obligation, to use your User Name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.
a. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above.
b. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by PFL and our partners might appear to be similar to your Submission. If you nevertheless do send any unsolicited Submissions to us via the Site, Services, or otherwise, you agree that (i) your unsolicited Submissions are not being made in confidence or trust and that by making such Submissions no contractual or fiduciary relationship is created between you and PFL; (ii) any such unsolicited Submissions may be used, copied, sublicensed, adapted, modified, distributed, publicly performed, published, displayed or deleted as PFL sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submissions; and (iv) by sending an unsolicited Submission you waive the right to make any claim against PFL or our partners relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
3.3 Ownership and Non-Infringement
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
4. Code of Conduct
4.1 Code of Conduct
You agree not to use the Site and Services nor to submit User Content or Submissions in manner that:
i) scrapes or aggregates Content from the site or otherwise imposes an unreasonable or disproportionately large load on the Site's infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;
ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by PFL;
iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;
v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
vi) harms or attempts to harm minors;
vii) contains any information, software or other material of a commercial nature;
viii) contains advertising, promotions, spam or commercial solicitations of any kind;
ix) constitutes or contains false or misleading indications of origin or statements of fact; or
x) contains material irrelevant or incites disputes, demeans, or wishes injury on a fighter or us or other users.
4.2 General Prohibited Uses You agree that in connection with your use of the Site and the Services, you will not:
i) harvest or collect user information or engage in spidering, screen scraping, database scraping or other such activity;
ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Site/Services, or for purposes of registering for any promotions offered through the Site;
iii) delete or revise any material or other information of any other user of the Services;
iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;
viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;
x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or
xii) forge any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Site/Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any PFL game, except as authorized by PFL and in accordance with applicable laws.
We reserve the right to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Site may offer you opportunities to vote in connection with certain events, contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.
6. Terms of Sale
The PFL Shop allows you to order products supplied and managed by an independent merchandise vendor, HALO Branded Solutions, Inc. By placing an order in the Shop, you acknowledge that HALO is exclusively responsible for the fulfillment and shipment of all merchandise ordered. Questions relating to the Store, Merchandise and its fulfillment should be directed to HALO as specified in the Contact Us section of the Shop.
By purchasing any merchandise through the Site, you acknowledge and agree that your payment card is being charged by the payment processor of a Vendor of the Site.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE.
With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
7. Links & Embedding
7.1 The following Linking Restrictions apply to all links to, including any to embedded Content from, the Site or Services by any third party site, service, or application:
A. Non-commercial sites may link to pflmma.com without the express written permission of PFL if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "pflmma.com," "The Official Site of Professional Fighters League"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship, advertising, or other commercial text or graphics that may be on the page/area containing such word link.
B. The PFL logo may not be used without the express written permission of PFL.
C. Links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by PFL of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the authorization of PFL. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its web site administrator.
D. The posting or creation of any link to the Site signifies that you have read these Linking Restrictions and agree to abide by their terms.
7.2 Subject to your strict compliance with these Terms of Service, you may embed certain Content from the Site (other than live streams) into your web site, blog or social media posts, provided that you do not (i) obscure the PFL branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party's assertion or implication of ownership or authorship of the Content; (ii) sell access to embedded Content on another web site, (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a web site that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, (v) use embedded Content that PFL, in its sole discretion, determines to be competing with or displacing the market for the Content, or (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. PFL reserves the right to withdraw linking permission and/or disable your use of embedded Content at any time, in our sole discretion.
8. Disclaimer of Warranties and Damages; Limitation of Liability While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT, MERCHANDISE, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL WE, OUR VENDORS, OR ANY OF THEIR OR OUR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES OR MERCHANDISE, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT OR MERCHANDISE THEREIN. IN NO EVENT SHALL OUR OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, 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 we 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 the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.
We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user's email address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:
Electronic mail to: [email protected]
Letter delivered by first class postage prepaid mail or courier to Professional Fighters League at the following address:
320 West 37th Street
New York, NY 10018
Attn: Legal Department
10. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), PFL has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site. All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Professional Fighters League
320 West 37th Street
New York, NY 10018
Attn: General Counsel
To be effective, the notification must be a written communication that includes the following:
(1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as name, address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
You hereby agree to indemnify and hold PFL, its Vendors, and their respective operators, affiliates and subsidiaries, members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, Services, or Shop; and/or (ii) any breach or alleged breach of these Terms of Service by you.
12. Termination of Service
We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site or Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.
The Services and any materials downloaded from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software or data from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a "terrorist supporting" country; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
14. Arbitration; Consent to Jurisdiction In New York; Attorneys' Fees; Time Period Limitation for Claims; Waiver of Class and Representative Actions a. Any and all disputes, claims, or controversies ("Claims") arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Site or Services shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures (including the Supplementary Procedures for Consumer-Related Disputes to the extent those procedures are applicable), provided however that a Claim for money damages only (and not for any declaratory or injunctive relief) may be filed in a small claims court solely on an individual, non-class, and non-representative basis.
b. You and PFL waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
c. Any arbitration of a Claim shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
d. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and PFL waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and PFL further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of New York. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
e. You agree that PFL may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights or property pending the completion of arbitration.
f. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within New York County, New York (the "Forum") and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.
g. If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, or if either party initiates a proceeding involving a Claim under paragraph f other than in the Forum, the other party shall recover all attorneys' fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.
h. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide PFL with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
i. You and PFL agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
These Terms of Service constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, and your use of the Site or Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. PFL’s failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
Last Updated: June 6, 2018 t of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. PFL’s failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
Last Updated: June 6, 2018