TERMS AND CONDITIONS
This Terms and Conditions of Service ("Terms") document for LeagueSafe.com ("LeagueSafe") acts as a contract between yourself ("Member") and LeagueSafe, LLC. Each Member's use of LeagueSafe services is conditional, allowed only by acceptance of the conditions outlined in this document. In order to use the services of this website, Member must read these Terms, agree and accept to be bound by all of the conditions contained in the Terms. LeagueSafe holds the right to amend the Terms at any time by posting a revised version on the LeagueSafe website. The revised version will be effective at the time we post it and applies to all Members.
"LeagueSafe" and all related logos, products and services described in the LeagueSafe.com website are either trademarks or registered trademarks of LeagueSafe. The appearance, design and composition of LeagueSafe's website is original content, wholly owned by LeagueSafe.com, and cannot be used, reused, copied, distributed, redistributed, or imitated without prior written approval from LeagueSafe.
LeagueSafe is a Minnesota-based Limited Liability Company, operating from 3350 Annapolis Lane N, Plymouth, MN 55447.
Benefits of Membership
Immediately upon joining LeagueSafe, users join a Membership with distinct benefits including access to a variety of administrative features, including league creation, message boards, online payment and the secure storage of funds for fantasy leagues, office pools, and other similar pastimes ("League"). Through the LeagueSafe website, Members can view all of their League financial transactions. LeagueSafe offers a variety of automated mechanisms that help Leagues safeguard their funds in ways traditional methods cannot. LeagueSafe also automates the process of sending payment reminders to Members who have a pending payment request.
Acceptable Use
Members choosing to use LeagueSafe for other purposes than described above may be in violation of these Terms, and subject to remedies, including those outlined in Restricted Activities.
Specifically, but not limited to, Members may not use the LeagueSafe services for the following purposes:
a) As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006.
b) As an aid to offline gambling.
c) Sale of goods or services.
By using this site, you agree to be bound by the Terms and Conditions of Service explained in this document. The use of this site in a manner inconsistent with the descriptions in these Terms are prohibited.
Eligibility
In order to be eligible to use LeagueSafe services, Members must be at least 18 years of age, and a resident of the United States. Members may use LeagueSafe for the purposes outlined in the Acceptable Use section of these Terms.
Further, Members’ leagues are eligible to use LeagueSafe services only if they meet the following criteria, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006:
(I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
(II) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
(III) No winning outcome is based
(aa) on the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or
(bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.
Privacy
LeagueSafe recognizes the importance of the confidentiality of the information we receive. Use of the LeagueSafe site and/or acceptance of the site’s Terms and Conditions creates an express consent of LeagueSafe’s privacy policy. Members are urged to review LeagueSafe’s privacy policy, available via a link at the bottom of most site pages.
Seasons
LeagueSafe offers Members different options during different times of the year, based on the schedule for the sport with which a League is affiliated. See the section titled “Withdrawing Funds” for one important example. For each sport, the regular season (“Regular Season”) is the time during which the sport's full schedule involving every team is played. The playoffs start at the conclusion of the Regular Season. The duration of the playoffs vary by sport.
Specific information regarding the Regular Season and playoff schedules are available at the official websites for each major sport.
In the event of an unforeseen interruption to the schedule, LeagueSafe will notify users via email and notification on League home pages of the change, and its impact for LeagueSafe.
League Payment Options
LeagueSafe offers two league payment options: Standard and Free. They are distinguished as follows:
Standard: Allows Members to deposit funds via e-check and/or credit card. Both transaction types require a 3% convenience fee.
Free: Allows Members to deposit funds via e-check only. There is no fee associated with the processing of the transaction.
The originating league Member (“Commissioner”) will chose which payment option will be available for all league Members.
Payout Rule
Upon league creation, the commissioner will choose a Payout Rule which will dictate how end-of-season league winnings are authorized. The Payout Rule establishes the level of control that each Member has over the assignment of end-of-season winnings. The Payout Rule cannot be changed once a non-commissioner has made a deposit into the league’s balance.
Upon joining a league or making a payment into a league, Members will be notified of the chosen league Payout Rule, and will be required to assent to the Payout Rule. Members who do not assent to the Payout Rule cannot join the league or make a payment into the league’s balance.
There are three possible options for the Payout Rule:
1. Commissioner has total control. Any Member who has been designated by the League as a Commissioner has the unilateral authority to assign winnings to the Member without any other League approval. Members waive their rights to dispute with LeagueSafe the Commissioner's assignment of league winnings.
2. Majority approval. This Payout Rule allows the distribution of winnings when a majority of the Members have voted in favor of the Commissioner's payout assignments.
3. Unanimous approval. Winnings will not be distributed until every Member has voted to authorize the Commissioner's payout assignments. Note that even one unresponsive or opposing Member can block distribution of league funds, so select this option with care and knowledge of the above risk.
Private League Invitations
A commissioner may choose to send League invitations to friends and acquaintances. By doing so, the commissioner is directing the League’s membership to be comprised of people who have been directly invited from the commissioner. Members who respond to the invitation will be notified of the League’s security settings before joining or making payments into the League’s balance.
Private invitations are ideal for leagues with restricted membership, usually to friends or acquaintances.
Public League Invitations
A commissioner may choose to allow the public distribution of a League invitation. By doing so, the invitation can be passed to any number of people, and anyone who views the invitation can join the league.
Members who respond to the invitation will be notified of the League’s security settings before joining or making payments into the League’s balance.
Public invitations should be used by commissioners who have no restrictions upon League membership. Commissioners should be aware that public invitations an allow for anyone to join the league, and make a payment. It also allows for any number of people to join. These actions are not reversible.
Abstentions
From time to time, LeagueSafe Members will have opportunities to cast votes. Through inactivity, LeagueSafe will case an abstention vote on behalf of Members. The deadline for voting is clearly visible on email voting notifications, and the voting summary page.
Abstentions have the effect of removing the Member from the voting pool. Thus, a Member in a ten-Member league who abstains has the net effect of creating a nine-Member pool of voters. In this example, after the abstention, a majority could be reached with five Member votes instead of the six votes that would have been required before the abstention.
Commissioner Reimbursement Feature
Optionally, Commissioners may enable LeagueSafe’s Commissioner Reimbursement feature. This feature allows Members with commissioner status to be reimbursed for funds spent on behalf of the league, typically to pay for third-party administrative tools, without waiting for LeagueSafe’s usual end-of-season withdrawal time frame. To activate the feature, the commissioner must indicate the reimbursement amount that he/she intends to withdraw from the league balance. The maximum amount is $200. As soon as the payment deadline has passed, the commissioner may withdraw funds up to the reimbursement amount, provided that the amount requested is less than 25% of the league’s total balance.
Members who join a league in which the Commissioner Reimbursement feature has been enabled are notified that the commissioner has opted to use this feature. Members who disagree with the commissioner’s intention to use Commissioner Reimbursement are encouraged to discuss the matter with the commissioner, and should not make any payments into the League’s balance until a resolution is reached.
If Commissioner Reimbursement is activated after League creation, and after a Member payment has been made into the League balance, existing league Members will be asked to vote to authorize the proposed Commissioner Reimbursement. New Members will be made aware of the Commissioner Reimbursement upon joining the league or making a payment.
There is no cost associated with activating the Commissioner Reimbursement feature.
Vendor Payback
LeagueSafe partners with select third-party vendors that offer services to fantasy leagues. The fees associated with these services can be paid from Members’ League balance. When a Member’s league is enrolled in vendor payback, the vendor will automatically receive funds from the League’s balance, once the League’s balance meets the amount owed to the vendor.
This feature is voluntary, and is offered as a free service to simplify cash management for LeagueSafe Members.
League Payments
Under normal conditions, funds may be deposited in three different phases of each sport’s season.
Preseason: funds may be deposited at any time during the preseason.
Regular Season: Funds may be deposited until a deadline is reached. See “Payment Deadline,” below. Members have the option of making deposits past the normal deadline, when the Commissioner activates the Late Payment feature as described in “Late Payments”.
Postseason: Funds may be deposited once the post season has begun. Please see the limitations and restrictions for deposits during the postseason in the section titled, “Withdrawing Funds”.
At its discretion, LeagueSafe may allow additional opportunities for Members to deposit funds.
Any payments by Member to LeagueSafe pursuant to these Terms shall be managed and distributed as provided in these Terms. Member agrees that LeagueSafe is holding the funds on Member’s behalf. LeagueSafe’s sole obligations to Member shall be to manage and distribute the funds as provided in these Terms and has no obligations to Member except as specifically provided in the Terms.
Payment Deadlines
For each Season, LeagueSafe will define a specific date (“Season Payment Deadline”) after which deposits will no longer be accepted until the post season. The Season Payment Deadline – usually two to three weeks into the Regular Season – will be clearly communicated on League home pages and cannot be changed by any Member or Commissioner. At its discretion, LeagueSafe may change the Season Payment Deadline or otherwise allow additional opportunities for Members to deposit funds.
Optionally, a Commissioner may choose to establish a League Payment Deadline to an earlier date than LeagueSafe’s standard Season Payment Deadline. When this happens, LeagueSafe treats the League Payment Deadline identically to the normal Season Payment Deadline.
Late Payments
LeagueSafe may allow commissioners the option of allowing payments to be made after the Payment Deadline. In order to make this feature available to all Members, Commissioners must turn this feature on. By default it is turned off.
LeagueSafe will charge a penalty fee for late payments. Optionally, Commissioners can assign an additional fee, which is deposited into the League’s balance. These fees are plainly visible to the Commissioner and to Members who pay it. This fee is applied to each transaction that occurs.
Payment Methods
Members may make payments into the League balance two ways, by e-check or by credit card. Fees that may be associated with these methods vary, based on the type of League each Member is in, Standard or Free. See section “League Payment Options” for details.
Bank Transfers
When Members perform an e-check transfer of funds, they are asking LeagueSafe to transfer funds from their bank account to the League's balance. Members agree that their request acts as authorization for LeagueSafe to make the funds transfer. This process cannot be cancelled. Members also authorize LeagueSafe to resubmit any e-check that is returned.
Foreign Currencies
LeagueSafe deals only in American dollars. Foreign currencies are not supported by LeagueSafe.
International Members
Non-American Members are able to use LeagueSafe, however LeagueSafe’s full feature set may not be available to Members outside of America. International Members should be aware that the site is primarily intended for use by Americans, and operates under the assumption that Members reside in America. International users may get a different experience than American Members.
Notable restrictions include the following. Because every country uses a different e-check technology, payments and withdrawals cannot be performed from banks outside of the United States. Visa will not ship preloaded cards outside of the US. International Members can make payments by credit card, and withdrawals by paper check only.
From time to time, LeagueSafe may bill itself as a free site. In those instances, Americans have payment and withdrawals options at no cost. Those options are not available for international users, who will need to pay small processing fees associated with credit card deposits and paper check withdrawals.
Allocation of Payouts
Once the Postseason has started, Members with commissioner status may allocate League funds to Members. These funds are transferred from the League’s balance to Member accounts when the terms of the League’s Payout Rule is met.
If the terms of the League’s Payout Rule require a vote of the League’s Membership, Members may vote for seven (7) days. After seven (7) days, non-voting Members automatically cast an abstention. Rules for abstentions can be found in the section titled, “Abstentions”. Proposed allocations expire seven days after creation.
When the required voting criteria for an allocation is met, funds are immediately transferred to Member accounts.
In the event that the required voting criteria for an allocation is not met, the allocation will not occur, and the Commissioner must create a new allocation.
In the event that the required voting criteria for an allocation is not met within 60 days of the start of the Postseason, funds will be allocated to Member accounts in the amounts originally paid into the league upon request of Member.
In the event that the Commissioner does not initiate a fund allocation within 60 days after the start of the Postseason, funds will be allocated to Member accounts in the amounts originally paid into the league upon request of Member.
Withdrawing Funds
Funds that are held in the Member’s account are available for withdrawal at any time. Note that Member accounts are different than League accounts.
Preseason. The preseason begins before the first Regular Season game in any given season. During the preseason, Members may withdraw any funds that they have deposited by contacting customer support for a refund.
Regular Season. LeagueSafe's goal of providing a secure repository for League funds helps ensure that nobody "runs off with the money" nor does anyone easily remove their funds from the league early (in the event of a lousy start to the season, for example). LeagueSafe allows Members to deposit funds until the Payment Deadline of each applicable season.
Post season. Once the regular season has ended, the post season begins, and LeagueSafe is ready to begin processing withdrawals within one (1) business day of the end of the regular season.
In the post season, Members may deposit additional funds. Often this is done to account for league fees generated during the Regular Season, such as transaction fees and trading fees.
During the post season, Members may make payments into the League balance. LeagueSafe has limitations on the amount that may be deposited into the league balance during the post season. These limitations vary by league.
During the post season, funds withdrawal is allowed by following these steps:
1) The commissioner fills out the funds allocation form on the LeagueSafe site.
2a) If the League's Payout Rule does require a League vote, a vote is held to ratify the funds allocation proposed by the commissioner. Until the funds allocation is ratified, withdrawals cannot be made. If the commissioner changes the funds allocation form, any previous votes are erased, and new a funds allocation vote is launched. Or,
2b) If the League's Payout Rule does not require a League vote, the commissioner's funds allocation is automatically accepted.
3) Once the criteria in step 2 have been met, funds are transferred to Member Accounts, at which point they are eligible for withdrawal.
Member with a positive balance can make a withdrawal by clicking “Withdraw Funds” from the top of the Member’s home page.
Funds Withdrawal Methods
LeagueSafe offers Members a variety of methods for the withdrawal of funds. These include paper check, e-check, preloaded Visa debit card, and an upgraded preloaded Visa debit card.
The costs associated with each of these options are outlined below.
Standard Preloaded LeagueSafe Prepaid Visa Card..................................................................... Free
Upgraded Preloaded LeagueSafe Prepaid Visa Card.................................................................. $5.00
Personalization to Preloaded LeagueSafe Prepaid Visa Card................................. additional $5.00
Paper check............................................................................................................................................ $1.50
E-check.................................................................................................................................................... $5.00
LeagueSafe will not send Prepaid Visa Cards to P.O. boxes. In the event that payment sent by postal service is returned to LeagueSafe, LeagueSafe may opt to return funds to Members' accounts, minus a $9.95 service fee.
The LeagueSafe Prepaid Visa Card is issued by The Bancorp Bank, Sioux Falls, SD, pursuant to a license from Visa U.S.A. Inc. The Bancorp Bank; Member FDIC.
Refunds
LeagueSafe honors refunds any time prior to the Season Payment Deadline for the League. Members who wish to request a refund must notify LeagueSafe prior to the Season Payment Deadline. After that time, refunds are not allowed. This measure safeguards the league against Members who might wish to pull their funds from the league when it becomes apparent that their team isn’t performing well.
Refund requests should be made by contacting customer service via the link found at the bottom of most pages of the LeagueSafe site.
Intra-league disputes
LeagueSafe is never responsible for resolving disputes between a league commissioner and league members, or between league members. LeagueSafe always recommends that intra-league disputes be resolved internally. In the event of a dispute that cannot be resolved between league commissioners and/or members Wholly at its own discretion, LeagueSafe may choose to take the actions (including inaction) it deems most appropriate to protect the integrity of the league's funds.
Obtaining Your Prepaid Visa Card
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask for other identifying documents.
Prepaid Card Fees
Members may choose to have their winnings put onto a prepaid Visa card. This card can be used at no cost anywhere that Visa is accepted. The card’s balance is subject to a $3.95 monthly maintenance fee, beginning in the seventh month of card ownership. The LeagueSafe Prepaid Visa Card is issued by The Bancorp Bank, Sioux Falls, SD, pursuant to a license from Visa U.S.A. Inc. The Bancorp Bank; Member FDIC. When members choose a prepaid card, they must read and assent to the terms of service as designated by the issuing bank.
Withdrawal Limit
No Member may withdraw $10,000 or more in each calendar month. Remaining balances may be withdrawn in subsequent months. Additionally, at LeagueSafe's discretion, funds may be delayed if there are indications of risk, fraud, or criminal activity.
Taxes
It is the sole responsibility of each Member to determine the applicability of any taxes that may be due as a result of participation in a League. LeagueSafe is not responsible for tax advice, calculation of taxes that may be due, or reporting tax data to any agency. This applies to all agencies and levels of government.
Transaction History
Members can view their financial transaction history by visiting their dashboard. LeagueSafe will provide viewable entries for payments made in the current and previous seasons.
Assignment and Reassignment
The rights and obligations described in these Terms are non-transferable. Members may not assign or reassign any of these Terms without the prior written approval of LeagueSafe. LeagueSafe reserves the right to transfer or assign these Terms or any right or obligation under this Agreement at any time without limitation.
Member Communication
Financial transparency is a significant element of LeagueSafe's feature set, and as such, Member communication is deemed to be an important element of its charter. Members agree that they may be contacted via mail to a street address, via email to an email address, via phone, and via postings on the LeagueSafe website. Notices sent via email and the website are considered to have been received within 24 hours of their delivery. On the My Settings page of the LeagueSafe website, Members may elect to opt out of certain communications. LeagueSafe reserves the right to refuse service to any Member who cannot or will not accept communication in electronic form.
Compliance with Unlawful Internet Gambling Enforcement Act of 2006
LeagueSafe has been designed with the goal of adding financial security to fantasy leagues, office pools, and other similar pastimes. LeagueSafe is not to be used as a tool to aid gambling. Further, as described in the Eligibility section of these Terms, Member Leagues must comply with the definition of fantasy sports play as described in the Unlawful Internet Gambling Enforcement Act.
Identity Validation
Members agree to allow LeagueSafe to make inquiries necessary to validate the identity of its members. This may come through direct contact with Members, or via third parties.
Spending Limitations
LeagueSafe has a variety of fraud and identity theft countermeasures built into its systems. These measures are designed for legal compliance and Member safety. For those reasons and others, LeagueSafe reserves the right to impose limits on the amount of money that can be associated with any transaction.
Reversals and Chargebacks
Upon the reversal or chargeback performed by a Member, LeagueSafe reserves the right to freeze all League and Member funds until such a time as the reversal or chargeback has been resolved.
Members agree that lost funds due to reversals and chargebacks are the obligation of the Member and/or League. LeagueSafe is never responsible for reversals or chargebacks. Losses of funds due to reversals and chargebacks are applied to the League’s balance or the Member balance, at LeagueSafe’s discretion. Further, any fees incurred by LeagueSafe in processing or disputing reversals and chargebacks will become the sole obligation of the Member and/or League, and will be applied to the Member and/or League balance. LeagueSafe recommends that Members consider all available options before performing a reversal or chargeback.
The credit card processing company will be the final determiner of the winner of a dispute, not LeagueSafe.
Failed AVS Fund Holds
If a debit card or check card is used to make a deposit, and the purchase was not accepted for any reason (failed AVS or CCV verification), please be aware that most banks will hold the "authorized" funds (counting against your balance until the authorization clears) even if your order was rejected by our security measures. The most common reason for the failed transaction is that the billing address entered does not match the billing address for the debit/check/credit card being used for payment. Our Address Verification System (AVS) security measures will reject any transaction for a billing address mismatch.
LeagueSafe does not have the capability nor the obligation to release the bank's temporary hold on authorized funds. Since we do not have the capability to release the bank’s temporary hold, we can not be responsible for the policies of the customer's banking institution regarding the holding of authorized funds. Please note that authorization fund holds last for varying periods, depending on the issuing credit card company's policy. The period may be as little as three days or as long as several months. We suggest that the customer contact the issuing credit card company or bank in order to resolve these types of situations.
Fund Accessibility
Member funds are separate from funds used to operate LeagueSafe. Member funds may be pooled into one or more accounts or investments in the name of LeagueSafe and/or its banking/investment partners.This action has no impact on Member or League balances and LeagueSafe has no ownership of the principal amount of the Member funds maintained by LeagueSafe.
Assignment of Interest and Earnings Credit
Member agrees that LeagueSafe may invest the amounts paid by Member to LeagueSafe in such manner as LeagueSafe deems appropriate in its sole discretion. In exchange for the services provided by LeagueSafe, Members agree to permanently and irrevocably grant and assign to LeagueSafe all right, title and interest in any earned interest or other earnings that may be derived from funds paid by Member to LeagueSafe. Member agrees that LeagueSafe is entitled to retain all amounts earned from such investments as a fee for the services provided in performing LeagueSafe’ s obligations under the Terms. LeagueSafe has no claim of ownership to the funds paid by Member to LeagueSafe and Member has no claim of ownership to interest or any amounts earned on such funds.
Escheatment of Funds
In order to be compliant with many states' laws, if a Member's account lies dormant for more than 24 months, LeagueSafe may be required to escheat Member balances to the Member's state of residence listed in the website's registration database. If the state is unavailable, unknown, or incorrect, funds will be escheated to the State of Minnesota. LeagueSafe will email notification of intent of escheatment 30 days prior to the escheatment. Failure to respond to the email by removal of funds will result in escheatment to the state. After escheatment, Members who wish to reclaim their funds may begin a claims process with their state's unclaimed property department.
Restricted Activities
By using the LeagueSafe website and its services in any manner, duration, and for any intent, Members agree that they will not:
a) Provide inaccurate or false information.
b) Refuse to confirm their identity, if asked.
c) Perform any act that allows for the laundering of stolen or fraudulent funds.
d) Take any action that could cause LeagueSafe to lose the services of its payment processors, suppliers, or technical resources.
e) Perform actions that are reasonably deemed hostile to LeagueSafe's technical infrastructure.
f) Use LeagueSafe to collect and redistribute Member information.
g) Use any mechanism to hide or alter the Member's IP address. This includes, but is not limited to, "spoofing" or "anonymizing".
h) Violate any law, statutes, ordinances, regulations, or legally-binding restrictions.
i) Breach any LeagueSafe trademarks, copyrights, patents, or any other intellectual rights, including the rights of privacy and publicity.
j) Take actions that could be construed as unlawfully threatening, harassing, or defamatory.
k) Refuse to cooperate in any investigation, if asked.
l) Use LeagueSafe in a manner inconsistent with its Acceptable Use policy.
m) Use the account of another Member who is performing any Restricted Activities.
n) Use your account in a fashion that is reasonably believed to be in violation of the credit card regulations used by LeagueSafe's credit card company partners.
o) Allow themselves to have a negative balance beyond 30 days from the end of the season.
p) Provide a cash advance to yourself from your own credit cards.
q) Use the LeagueSafe service from any country not outlined in the Eligibility section.
r) Disclose other Members' account information.
s) Use the site in conjunction with any automated process. This includes, but is not limited to, automated methods of data entry and "screen scraping".
t) Copy any portion of the LeagueSafe website without prior written approval.
For those in violation of any Restricted Activities, LeagueSafe may attempt to protect itself, individual Members, its Membership at large, its service providers, and third-parties by performing a variety of actions. These include, but are not limited to, the following list.
LeagueSafe may:
a) Update Member account information to correct inaccuracies.
b) Refuse service.
c) Withhold funds for up to 180 days if in the reasonable sole judgment of LeagueSafe, such actions are necessary in order to protect itself from liability.
d) Take legal action against any Member.
e) Close Member accounts.
f) Limit Member availability to funds.
g) Contact Member's bank(s), credit card issuer(s), credit rating firms, and any other financial institution deemed appropriate in the sole judgment of LeagueSafe.
h) Contact any third-party who has an interest in the Member's Restricted Activities.
i) Contact law enforcement.
In the sole judgment of LeagueSafe, it reserves the right to terminate this agreement, and all access to LeagueSafe services for any reason. In that event, notice will be sent to the affected Member, and LeagueSafe will allow payment of any unrestricted funds.
Message Board and Forum Etiquette
For the convenience of each league, LeagueSafe offers message boards which allow Members to leave messages for one another. The content of these messages are self-governing, and are not monitored by LeagueSafe. Members' comments should reflect the values and standards of their specific League. However, if in the sole opinion of LeagueSafe, should a Member use the message board to threaten, harass, or defame Members, LeagueSafe reserves the exclusive right to perform any of the following responses:
a) Refuse service to the offending Member.
b) Refuse service to the offending League.
c) Remove the message board feature for a particular Member.
d) Remove the message board feature for a particular League.
Unauthorized Transactions
Members should regularly examine the transaction history tied to their Member account, located on the User Home Page of the LeagueSafe website.
Members should contact LeagueSafe immediately in the event that any of the following activities have occurred:
a) Funds have been transferred to or from Member account without Member consent.
b) Without Member consent, someone has logged into Member's LeagueSafe account.
c) Member password has become known to someone unauthorized by Member.
Members who need to begin a claim process with LeagueSafe regarding an unauthorized transaction should contact LeagueSafe’s customer service. When a Member files a claim, LeagueSafe reserves the right to suspend Leagues funding for the duration of the claim process.
Disputes with LeagueSafe, Forum for all Disputes
In the event that a Member has a concern with LeagueSafe and/or its services, Members should first contact LeagueSafe. It is LeagueSafe's desire to listen to Member concerns, and to address them in an effort to obtain a mutually-agreeable and cost-effective solution.
In the event that a Member and LeagueSafe are unable to reach an agreement, LeagueSafe in its sole discretion may, but is not obligated to, consider the merits of using a Minnesota-based third-party mediator. Members and Commissioners agree, as a condition to using the services of LeagueSafe, that any dispute brought against LeagueSafe may be made only by legal action commenced in Hennepin County District Court, Hennepin County, Minnesota and that Minnesota law will apply to all such disputes. In any such action where LeagueSafe is successful in the outcome of the litigation, LeagueSafe shall be entitled to recover all of LeagueSafe's costs and expenses associated with the dispute, including but not limited to attorneys fees and court costs.
Any dispute brought against LeagueSafe that is raised contrary to these Terms is considered a breach of these Terms, and LeagueSafe is entitled to recover all costs associated with the dispute, including but not limited to attorney's fees and costs. A Member who raises a dispute contrary to these Terms will receive notification of the improper dispute.
No Waiver
Any action or inaction taken by LeagueSafe relative to any dispute or claim does not waive LeagueSafe's rights to act to any fashion in subsequent situations regardless of similarity.
Disclaimer of Warranties, Limitation of Liability
LEAGUESAFE PROVIDES SERVICES ON AN AS IS AND AS AVAILABLE BASIS. LEAGUESAFE MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED IN WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF THE INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES OR THE WEBSITE. ANY CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE MEMBER WHO ORIGINATED SUCH CONTENT. LEAGUESAFE SHALL HAVE NO LIABILITY FOR THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR FOR ERRORS, MISTAKES OR OMISSIONS IN THAT INFORMATION OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. MEMBER EXPRESSLY AGREES THAT MEMBER IS USING THE SERVICES AND THE WEBSITE, AND RELYING ON ANY CONTENT OR MATERIALS POSTED OR OBTAINED VIA THE WEBSITE OR SERVICES, AT MEMBER’S SOLE RISK.
By accessing the LeagueSafe website or using the services, Member agrees to fully indemnify, defend and hold harmless LeagueSafe, its managers, officers, governors, employees, owners, agents, vendors, partners, service providers, licensors and successors (the “LeagueSafe Parties” and each a “LeagueSafe Party”), from and against any and all claims, losses, liabilities, damages, penalties, fines, expenses, costs and attorneys’ fees (collectively, “Losses”) arising out of or relating in any way from Member’s use of the LeagueSafe website or the services, including Member’s breach or the breach of another Member of any representation, warranty or covenant under these Terms.
As a condition to your access to and use of the LeagueSafe website, you hereby waive and release any and all claims, causes of action or other rights that you might have against the LeagueSafe Parties arising out of relating in any way from your use of the website or the services.
LEAGUESAFE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND TO MEMBER, ANOTHER MEMBER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT MAY ARISE OR RESULT FROM MEMBER’S, ANOTHER MEMBER’S OR A THIRD PARTY’S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE LEAGUESAFE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF NOT WITHSTANDING THE FOREGOING DISCLAIMER, A COURT DETERMINES THAT A LEAGUESAFE PARTY IS LIABLE FOR LOSSES OR DAMAGES, SUCH LEAGUESAFE PARTY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO LEAGUESAFE BY THE MEMBER(S) CLAIMING LOSS OR DAMAGE.
Indemnification
You agree to indemnify and defend LeagueSafe, its third-party partners, service providers, employees, officers, directors, agents, and licensors from any dispute, claim, or demand made or incurred by a third party as a result of your breach of these Terms.
Privacy
Member privacy is of utmost importance to LeagueSafe. Members should review our Privacy Policy for a complete description of how LeagueSafe uses private information. In the event that a Member receives another Member's ("Second Party") confidential information, that Member may not use or distribute that information in any manner unless expressly directed to do so by the Second Party.
Endorsements, Sponsorships
LeagueSafe is not endorsed or sponsored by any sporting association, player, or players' association. As any of those entities may appear on the LeagueSafe site, it is not in the format of an endorsement or sponsorship.
