TERMS AND CONDITIONS
Effective Date: Friday, December 30, 2016 6:31 PM CST
These Terms for LeagueSafe.com ("LeagueSafe") act as a contract between you ("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, you 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 3021 Harbor Lane N, Suite 205, Plymouth, MN 55447.
Benefits of MembershipImmediately 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.
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:
- As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006.
- As an aid to offline gambling.
- Sale of goods or services.
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:
- 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.
- 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.
- No winning outcome is based: a) on the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or b) solely on any single performance of an individual athlete in any single real-world sporting or other event.
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 “Receiving Payouts” 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.
Office Pools and Short-Season Fantasy Leagues
From time to time, LeagueSafe may classify certain Season types as Office Pools or Short-Season Fantasy Leagues. In such cases, end-of-season league winnings will be subject to the Majority approval Payout Rule.
League Payment Settings
LeagueSafe offers two league payment options: E-check only and Flexible (Credit/Debit Card, & E-check). They are distinguished as follows:
E-check or credit/debit card: Allows Members to make payments via e-check, credit or debit card. All transaction types require a 3% convenience fee.
E-check only: Allows Members to make payments via e-check only. There is no fee associated with the processing of the transaction.
The originating league Member (“Commissioner”) will choose which payment setting will be available for all league Members.
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 payment 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:
- 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.
- 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.
- 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.c
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.
From time to time, LeagueSafe Members will have opportunities to cast votes. Through inactivity, LeagueSafe will cast 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 payout time frame. To activate the feature, the commissioner must indicate the reimbursement amount that he/she intends to remove from the league balance. The maximum amount is $200. As soon as the season payment deadline has passed, the commissioner may receive a transfer of funds out of the League balance and into their personal LeagueSafe account, 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.
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.
Under normal conditions, payments may be made in three different phases of each sport’s season.
- Preseason: payments may be made at any time during the preseason.
- Regular Season: Payments may be made until a deadline is reached. See “Payment Deadline,” below. Members have the option of making payments past the normal deadline, when the Commissioner activates the Late Payment feature as described in “Late Payments”.
- Postseason: Payments may be made once the post season has begun. Please see the limitations and restrictions for payments during the postseason in the section titled, “Receiving Payouts”.
At its discretion, LeagueSafe may allow additional opportunities for Members to make payments.
Payments to LeagueSafe Management; Appointment of LeagueSafe as Collateral Agent
All funds paid by Members and Leagues pursuant to these Terms shall be managed and distributed as provided in these Terms. All payments made by Members and Leagues pursuant to these Terms will be made directly to LeagueSafe Management, LLC, which is a separate entity and wholly-owned subsidiary of LeagueSafe (“LeagueSafe Management”). LeagueSafe Management’s sole purpose is to hold and manage all funds paid by Members and Leagues pursuant to these Terms, and to distribute all such funds pursuant to instructions from LeagueSafe in accordance with these Terms.
Funds that are paid by Members and Leagues to LeagueSafe Management pursuant to these Terms are owned by LeagueSafe Management and are separate from funds used to operate LeagueSafe. LeagueSafe has no ownership of the funds paid by Members and Leagues to LeagueSafe Management pursuant to these Terms. The funds owned by LeagueSafe Management may be pooled into one or more accounts or investments in the name of LeagueSafe Management and Member hereby authorizes LeagueSafe Management to use such discretion in the management of such funds. LeagueSafe Management’s pooling of funds paid by Members and Leagues has no effect on Member or League account balances. All earnings on the funds that are paid to LeagueSafe Management pursuant to these Terms will be the sole property of LeagueSafe Management. Neither LeagueSafe Management nor LeagueSafe will pay any interest or earnings to any Member or League on any funds paid to LeagueSafe Management pursuant to these Terms.
LeagueSafe Management has granted a continuing and unconditional first priority security interest (“Security Interest”) in all funds paid by Members and Leagues pursuant to these Terms and all proceeds thereof (the “Collateral”) to secure LeagueSafe’s obligation to allocate and disburse funds to Members and Leagues in accordance with these Terms. Member hereby designates LeagueSafe as his or her collateral agent (“Collateral Agent”) to act as his or her agent with respect to the creation, maintenance, perfection and enforcement of the Security Interest. Member specifically consents to LeagueSafe acting as his or her Collateral Agent notwithstanding any conflict of interest that might arise as a result of LeagueSafe’s other obligations under these Terms. Member further permits Collateral Agent to authorize LeagueSafe Management to grant any additional security interests, liens or encumbrances in the Collateral as are deemed appropriate by the Collateral Agent. Member hereby grants authority to LeagueSafe Management to appoint a successor Collateral Agent if LeagueSafe defaults in its role as Collateral Agent under the terms of the collateral agent agreement between LeagueSafe and LeagueSafe Management.
Neither LeagueSafe nor any of its members, managers, officers, agents or employees shall be liable for any action taken or omitted to be taken by it or them under or in connection with its role as Collateral Agent except for its or their own gross negligence or willful misconduct. In its capacity as Collateral Agent, LeagueSafe is hereby authorized by Member to consult with legal counsel, independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants or experts.
Further, Member acknowledges that neither LeagueSafe nor any of its members, managers, officers, agents or employees (the “LeagueSafe Parties”) shall incur any liability, and the Member will hold such LeagueSafe Parties harmless, under or in respect of these Terms by acting upon any notice, consent, certificate or other instrument or writing providing direction from Member, a Commissioner or a League and believed by any of the LeagueSafe Parties to be genuine or by acting upon any representation or warranty of the Member, Commissioner or League made or deemed to be made hereunder.
For each Season, LeagueSafe will define a specific date (“Season Payment Deadline”) after which payments 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 make payments.
Optionally, a Commissioner may choose to establish a different payment deadline (“League Payment Deadline”), which can be any 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.
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 paid 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.
Members may make payments into the League balance three ways: 1) e-check, 2) credit/debit card, 3) account balance transfer. Fees that may be associated with these methods vary, based on the type of League each Member is in. See section “League Payment Settings” for details.
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.
LeagueSafe deals only in American dollars. Foreign currencies are not supported by LeagueSafe.
Non-American Members are able to use LeagueSafe, however LeagueSafe’s full feature set may not be available to Members outside of the United States. International Members may pay only by credit card, and LeagueSafe accepts only credit card payments from issuing banks that participate in the Address Verification System. Most banks in the United States, Canada, and the United Kingdom meet this criteria, but LeagueSafe can't guarantee that all credit card payments will be accepted. 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 payouts cannot be performed from banks outside of the United States. International Members can make payments by credit card, and receive payouts by paper check only.
From time to time, LeagueSafe may bill itself as a free site. In those instances, Americans can make payments at no cost. That option is not available for international users, who will need to pay small processing fees associated with credit/debit card payments and paper check payouts.
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 during a Waiting Period defined by the Season type selected by the league commissioner. For seasons classified by LeagueSafe as Office Pools or Short-Season Fantasy Leagues, Members may vote for 48 hours. For all other seasons, Members may vote for seven (7) days. After the Waiting Period has expired, non-voting Members automatically cast an abstention and the allocation will pass or fail based on the votes cast. Rules for abstentions can be found in the section titled, “Abstentions”.
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, Member may contact customer service via the link found at the bottom of most pages of the LeagueSafe site to initiate an Allocation Request. Upon approval of a majority of league Members, the League balance on the date of the Allocation Request will be allocated to Member accounts pro rata based on amounts originally paid into the league
In the event that the Commissioner does not initiate a fund allocation within 60 days after the start of the Postseason, Member may contact customer service via the link found at the bottom of most pages of the LeagueSafe site to initiate an Allocation Request. Upon approval of a majority of league Members, the League balance on the date of the Allocation Request will be allocated to Member accounts pro rata based on amounts originally paid into the league.
Funds that are held in the Member’s account may be paid out at any time, at the request of Member. 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 receive refunds, according to the Refund Policy.
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 make payments 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 payouts within one (1) business day of the end of the regular season.
In the post season, Members may make additional payments. 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 paid into the league balance during the post season. These limitations vary by league.
During the post season, funds can be transferred out of the League balance and into Member accounts 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, payouts 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 Member may request a payout.
Member with a positive balance can receive a payyout by clicking “Request a payout” from the top of the Member’s home page.
LeagueSafe offers Members a variety of methods for receiving payouts. These include e-check, paper check, Virtual Visa Prepaid Card and Amazon.com Gift Card claim code.
The costs associated with each of these options are outlined below.
|Amazon.com Gift Card claim code||no cost|
|Virtual Visa Prepaid Card||no cost|
|Paper check (next-day processing)||$4.00|
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.
Amazon.com Gift Card claim codes@Html.Raw(ViewBag.AmazonFinePrint)
Upon selecting and confirming the Amazon.com Gift Card claim code payout option, Member will receive a claim code from LeagueSafe via email. Member will be given instructions on how to apply their claim code to their Amazon.com account. Amazon.com Gift Card claim codes cannot be refunded or cancelled after they have been applied to Member's Amazon.com account.
Virtual Visa Prepaid CardsThe merchants represented are not sponsors of the rewards or otherwise affiliated with LeagueSafe. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms and conditions.
Upon selecting and confirming the Virtual Visa Prepaid Card payout option, Member will receive a promocode from LeagueSafe via email. Member will be given instructions on how to redeem their promocode for a Virtual Visa Prepaid Card. The Virtual Visa Prepaid Card is governed by the Terms of Service of the program.
Virtual Visa Prepaid Card promocodes expire after six (6) months. Once activated, Virtual Visa Prepaid Cards expire in 12 months. After 12 months, a maintenance fee of $2.95 will be charged monthly, every month until the balance is reduced to zero.
Printable eCheckUpon selecting and confirming the printable eCheck payout option, Member will receive a link from LeagueSafe via email. Member will be given instructions on how to retrieve their printable eCheck via a website provided by our 3rd-party printable eCheck provider, Deluxe Small Business Services, Inc.
The Deluxe printable eCheck is governed by the Terms and Conditions of the program.
Deluxe printable eChecks are void after 90 days.
LeagueSafe honors refunds any time prior to the League Payment Deadline. Members who wish to request a refund must notify LeagueSafe prior to the League Payment Deadline. After the League Payment Deadline, refunds are not allowed unless approved by the league Commissioner. 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.
Refunds are not allowed after the Season Payment Deadline, unless authorized by the Commissioner.
Refund requests should be made by contacting customer service via the link found at the bottom of most pages of the LeagueSafe site.
LeagueSafe’s Referral Program is a process by which Member may earn certain incentives when a non-Member (“New User”) creates a previously unregistered league (“New League”) on LeagueSafe that meets certain criteria (“Qualifying Criteria”). Member must maintain an active LeagueSafe account in good standing to earn Referral Incentives.
Qualifying Criteria varies from time to time. LeagueSafe will define and disclose the Qualifying Criteria to Member on the website. Qualifying Criteria may include the New League meeting certain league balance and payment thresholds. The current Qualifying Criteria are described below.
To participate, a Member becomes an Originating Member by providing New User(s) a personal referral link (“Unique Link”), available on the website. If the New User uses Originating Member’s unique link and creates a new league, Originating Member is eligible to receive the incentive (“Originating Member Incentive” or “OMI”) LeagueSafe has defined for the selected season. Once the Qualifying Criteria have been met by the New User’s league, LeagueSafe will add an amount equal to the Originating Member Incentive to Originating Member’s LeagueSafe account balance.
Each New User that clicks on a Unique Link and creates a New League is also eligible for an incentive (“New User Incentive”). Upon creation of a New League, LeagueSafe will add an amount equal to the New User Incentive defined for the selected season to the balance of New League.
Prior to the end of each Season, LeagueSafe will verify that Qualifying Criteria have been met for each New League. If Qualifying Criteria have not been met, an amount equal to the Referral Incentive for the applicable Season will be removed from New League’s balance.
Each Member’s Unique Link expires after 100 uses. LeagueSafe reserves the right to disqualify Member from participating in the Referral Program after the expiration of Member’s Unique Link.
LeagueSafe may provide various tools to help Originating Members disseminate their link. Originating Members may also share their Unique Link via email and social media. NOTE THAT IF YOU SHARE YOUR UNIQUE LINK YOU MUST TELL POTENTIAL NEW USERS THAT YOU ARE ELIGIBLE TO RECEIVE A REFERRAL INCENTIVE IF NEW USER REGISTERS FOR LEAGUESAFE AND AND CREATES A NEW LEAGUE. Failure to disclose this information is a violation of this Agreement and LeagueSafe may terminate you immediately from the Referral Program, disqualify you from participating in the Referral Program in the future, and cause the forfeiture of any Referral Incentives in your account.
LeagueSafe reserves the right to modify or discontinue the Referral Program either temporarily or permanently (or any part thereof) at any time with or without notice. LeagueSafe will not be liable to Member in the event of any modification, suspension or discontinuance of the Referral Program.
- The New League must have a balance of at least $250 at the Payment Deadline for the applicable season.
- At least five (5) unique Members make payments into the New League balance.
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.
No Member may receive a payout of $10,000 or more in any 30-day period. Remaining balances may be paid out in subsequent months. Additionally, at LeagueSafe's discretion, funds may be delayed if there are indications of risk, fraud, or criminal activity.
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.
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.
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.
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.
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 payment, 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.
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.
A Member account is considered to be inactive when a member has not made a transaction of any kind in 24 months. A transaction comprises any payment into LeagueSafe via credit or debit card, e-check, or balance transfer, or a payout from LeagueSafe. A refunded payment is not considered a transaction. Beginning on the first day of the 25th month of inactivity and every subsequent month of inactivity, a $5.00 service fee will be deducted from the inactive Member’s account.
A League account is considered inactive when no members have made any transactions of any kind in 24 months. A transaction comprises any payments into the League via credit or debit card, e-check, or balance transfer, or an allocation of amounts out of the League account and into Member accounts. Beginning on the first day of the 25th month of inactivity and every subsequent month of inactivity, a $5.00 service fee will be deducted from the inactive League's balance.
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.
By using the LeagueSafe website and its services in any manner, duration, and for any intent, Members agree that they will not:
- Provide inaccurate or false information.
- Refuse to confirm their identity, if asked.
- Perform any act that allows for the laundering of stolen or fraudulent funds.
- Take any action that could cause LeagueSafe to lose the services of its payment processors, suppliers, or technical resources.
- Perform actions that are reasonably deemed hostile to LeagueSafe's technical infrastructure.
- Use LeagueSafe to collect and redistribute Member information.
- Use any mechanism to hide or alter the Member's IP address. This includes, but is not limited to, "spoofing" or "anonymizing".
- Violate any law, statutes, ordinances, regulations, or legally-binding restrictions.
- Breach any LeagueSafe trademarks, copyrights, patents, or any other intellectual rights, including the rights of privacy and publicity.
- Take actions that could be construed as unlawfully threatening, harassing, or defamatory.
- Refuse to cooperate in any investigation, if asked.
- Use LeagueSafe in a manner inconsistent with its Acceptable Use policy.
- Use the account of another Member who is performing any Restricted Activities.
- 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.
- Allow themselves to have a negative balance beyond 30 days from the end of the season.
- Provide a cash advance to yourself from your own credit cards.
- Use the LeagueSafe service from any country not outlined in the Eligibility section.
- Disclose other Members' account information.
- Use the site in conjunction with any automated process. This includes, but is not limited to, automated methods of data entry and "screen scraping".
- 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.
- Update Member account information to correct inaccuracies.
- Refuse service.
- 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.
- Take legal action against any Member.
- Close Member accounts.
- Limit Member availability to funds.
- 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.
- Contact any third-party who has an interest in the Member's Restricted Activities.
- 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:
- Refuse service to the offending Member.
- Refuse service to the offending League.
- Remove the message board feature for a particular Member.
- Remove the message board feature for a particular League.
We respect the intellectual property of others, and we ask our Members to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any Member’s right to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity,
- information reasonably sufficient to allow us to locate the material on our Website;
- your name, mailing address, telephone number and email address;
- a statement by you that you have 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
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to Christian Peterson at firstname.lastname@example.org for notice of claims of copyright infringement.
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:
- Funds have been transferred to or from Member account without Member consent.
- Without Member consent, someone has logged into Member's LeagueSafe account.
- 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
1. Definitions. As used in this Section, (a) “Claim” means any current or future claim, dispute or controversy relating to any Members, Commissioners or Leagues (including, without limitation, Member, Commissioner or League account(s)), this Agreement, or any agreement or relationship you have or had with LeagueSafe, except for the validity, enforceability or scope of this Arbitration provision, and (b) “you” or “your” means Members, Commissioners, and any affiliates or related persons or entities individually.
2. Mediation. In the event that you have a concern with LeagueSafe and/or its services, you should first contact LeagueSafe. It is LeagueSafe's desire to listen to your concerns, and to address them in an effort to obtain a mutually-agreeable and cost-effective solution. In the event that you 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.
3. ARBITRATION. Before taking any action to enforce a Claim, you and LeagueSafe agree to send a written notice (a “claim notice”) in the manner provided in this Agreement to each person or entity against whom a Claim is asserted. The claim notice must describe the claim and state the specific relief being requested. Notice to LeagueSafe must include your name, address, league commissioner and league name.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, YOU AND LEAGUESAFE AGREE TO RESOLVE CLAIMS ONLY THROUGH BINDING ARBITRATION. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR BEFORE A JURY.
Claims will be resolved before a single arbitrator appointed by the American Arbitration Association (“AAA”). Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time the Claim is filed, except where those rules conflict with this Agreement. You can contact AAA by calling 800.778.7879 or going to www.adr.org. Any arbitration under this Agreement shall be held in Minneapolis, Minnesota. LeagueSafe will not elect arbitration for any Claim you file in small claims court with jurisdiction over LeagueSafe, so long as the claim is individual and pending only in that court. You or LeagueSafe may require arbitration of any Claim at any time unless the Claim has been filed in court and trial has begun or final judgment has been entered.
YOU AGREE THAT NO CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CLAIMS WILL BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. Claims will only be arbitrated on an individual basis. You and LeagueSafe agree that the arbitrator's authority is limited to individual claims between you and LeagueSafe alone. Subject to the limitations of this Section, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Minnesota, provided, however, the arbitrator shall not have the authority to award punitive damages. Any question regarding the enforceability or interpretation of this Section shall be decided by a Court with jurisdiction and not by the arbitrator.
This Arbitration provision is governed by the Federal Arbitration Act. The arbitrator's award will be final and binding upon you and LeagueSafe, except for any right of appeal provided by the FAA; provided however, a written notice of appeal must be delivered within 30 days after the issuance of an award by the arbitrator to the arbitration organization and all parties to the arbitration. Judgment upon any award may be entered in any court having jurisdiction.
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. You will be liable
for the attorneys’ fees, costs and expenses incurred by LeagueSafe in connection with enforcing this Agreement if you bring an action regarding a Claim other than as provided in this Section.
This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt or any bankruptcy.
4. Venue. As a condition to using the services of LeagueSafe, and subject to the limitations contained in this section entitled “Disputes with LeagueSafe”, you agree 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.
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.
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.
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.