Welcome to Buzz Fantasy Golf! It is our pleasure to provide the services described below for your personal enjoyment and entertainment in accordance with these Terms of Use ("Terms"). Please take a moment to carefully read through these Terms.
As a preliminary matter, we wanted to highlight a topic that you will read more about later. At Buzz Fantasy Golf, we pride ourselves with our customer service, which can be contacted through our contact form, will be able to resolve nearly any issues you may have as you enjoy our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTION 11 TO LEARN MORE.
Buzz Fantasy Leagues LLC. ("Buzz Fantasy Golf") welcomes you. Buzz Fantasy Golf provides services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.buzzfantasygolf.com/Terms. By accessing and using the Buzz Fantasy Golf Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Buzz Fantasy Golf owned or operated services, you and Buzz Fantasy Golf shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
Buzz Fantasy Leagues, LLC ("Buzz Fantasy Golf," "we," or "us") provides a fantasy golf league management service which gives users the opportunity to create, manage, and participate in fantasy golf leagues in which can be made public or private, including tournament results, standings, real-time scoring, fantasy golf statistics, and other content(collectively, the “Content”). Our fantasy golf league management service, the Content, our software for managing and viewing the Content (the “Fantasy Golf League Management Software”) and any other products, features, tools, materials, or other services (including third-party branded services) offered from time to time by Buzz Fantasy Golf through a variety of Access Points (defined below) are referred to collectively as the "Services." The term "Access Points" refers to, collectively, the buzzfantasygolf.com website (the "Buzz Fantasy Golf Site"), applications, and other places where any Services are available, including websites and applications of Buzz Fantasy Golf’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Fantasy Golf League Management Software.
The account holder that creates and manages a fantasy golf league is considered the commissioner ("League Commissioner"). The League Commissioner is solely responsible for making decisions on a fantasy golf league's rules and is responsible for handling any complaints or grievances made by members of a league. Buzz Fantasy Golf does not collect entry fees for any fantasy golf leagues, contests, or games that are managed using our Fantasy Golf League Management Software. Regardless whether a fantasy golf league is public or private, the League Commissioner of a league is responsible for any collection of entry fees that may be required as well as payment of any prizes. It is the responsiblity of the League Commissioner to manage the league in a manner that is deemed legal under any gambling laws and regulations. Buzz Fantasy Golf is not responsible for how leagues are managed and operate once they are created. Buzz Fantasy Golf simply provides a software service that allows members to manage and play in fantasy golf leagues. If payment is collected for entry fees for a league, Buzz Fantasy Golf is not responsible for any perceived lost prize money due to any Fantasy Golf League Management Software unavailability, incorrect functionality, or data inaccuracy.
Use of the Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at buzzfantasygolf.com/privacy ("Privacy Policy") and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point (including by visiting the Buzz Fantasy Golf Site or by downloading or launching the Buzz Fantasy Golf application), you accept and agree to these Terms. Please note that if you subscribe to a Service that is available through a third-party website or application, your access to and use of that Service will be subject to additional terms and limitations specific to that Service.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the Buzz Fantasy Golf Site on your computer.
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Buzz Fantasy Golf Site at buzzfantasygolf.com/terms . If we make a material change to these Terms, we will notify you by posting a notice on the Buzz Fantasy Golf Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Buzz Fantasy Golf or provide your personal information to Buzz Fantasy Golf. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Buzz Fantasy Golf, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, you may only modify an account with the consent of your parent or guardian. Please note that age requirements for purchase of and access to certain Services may vary.
Buzz Fantasy Golf owns and retains all rights to the Services, and the Content is owned or controlled by Buzz Fantasy Golf and Buzz Fantasy Golf's content providers. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. That said, Buzz Fantasy Golf is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content through the Fantasy Golf League Management Software, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view and/or manage each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials made available to you.
Buzz Fantasy Golf offers the option to personalize use of the Services through the creation of one profile per account. The single profile is created by default when a user creates an account with Buzz Fantasy Golf. Only the account holder or a Buzz Fantasy Golf administrator may modify a profile. The account holder may access profile details and delete or otherwise modify their account associated with Buzz Fantasy Golf. Accounts and profiles are not permitted to be shared by multiple users.
a. Usage Rules and Limitations. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Buzz Fantasy Golf in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Buzz Fantasy Golf in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Buzz Fantasy Golf. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Buzz Fantasy Golf in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. Content Quality. Buzz Fantasy Golf uses various technologies to provide you with accurate Content. That said, quality of Content, including accuracy, timeliness and availability, may be affected by circumstances outside the control of Buzz Fantasy Golf. As a result, Buzz Fantasy Golf is unable to make any warranties about the Content in these respects. In instances where occurrences of inaccurate Content is communicated to Buzz Fantasy Golf, the inaccurate Content will be corrected.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Fantasy Golf League Management Software, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Fantasy Golf League Management Software. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Fantasy Golf League Management Software in any manner that enables users to view the Content without: (i) displaying visibly both the Fantasy Golf League Management Software and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Fantasy Golf League Management Software is located; and (ii) having full access to all functionality of the Fantasy Golf League Management Software, including, without limitation, all display functionality and all interactive, elective, or click-through advertising functionality.
Where Buzz Fantasy Golf has incorporated an embed option in connection with Content on the Services, you may embed a league using the Fantasy Golf League Management Software, provided the you purchased the correct service, do not embed the Fantasy Golf League Management Software on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third-party including intellectual property rights, or is otherwise inappropriate or objectionable to Buzz Fantasy Golf (in Buzz Fantasy Golf's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). Buzz Fantasy Golf reserves the right to prevent embedding to any website or other location that Buzz Fantasy Golf finds inappropriate or objectionable (as determined by Buzz Fantasy Golf in its sole discretion).
In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. You are responsible for any costs associated with your internet service used to access the Services.
In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You agree to observe all restrictions identified in these Terms, including without limitation using the Services in a way that:
We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if Buzz Fantasy Golf determines or reasonably believes in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Of course, we would prefer to avoid such termination; we may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to Buzz Fantasy Golf and that the amount of such harm would be extremely difficult to measure.
We regularly make changes to the Services and reserve our right to continue to do so. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Buzz Fantasy Golf reserves the right to replace or remove any Content and Access Points available to you through the Services. Buzz Fantasy Golf also reserves the right to make modifications to features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, and advertisements. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that Buzz Fantasy Golf may do so in Buzz Fantasy Golf's sole discretion at any time without notice. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time, and without notice. You also agree that Buzz Fantasy Golf will not be liable to you for any modification, suspension, or discontinuance of the Services.
While we offer some features of the Services for free, we charge a fee to access other upgraded features of the Services. We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. Buzz Fantasy Golf reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes.
Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by Buzz Fantasy Golf ("Payment Method"). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during the initial subscription purchase, you will need to cancel your subscription and repurchase the subscription using the new Payment Method.
In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. You also remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
We may offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in on the Buzz Fantasy Golf Site and view your account details. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or Payment Method.
You can cancel your subscription by logging into your Buzz Fantasy Golf account and following the instructions on your account page on the Buzz Fantasy Golf Site. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel you will also forfeit any service, referral, or redeemed gift card credits.
Once your subscription is cancelled and has expired, you will lose access to any fantasy golf leagues and any services that required the expired subscription. In order to recover access to the fantasy golf league or service, you would be required to purchase the required subscription with the same account that originally subscribed to the fantasy golf league or service.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where Buzz Fantasy Golf may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at Buzz Fantasy Golf's sole and absolute discretion.
On occasion, we may offer free trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your free trial on your Buzz Fantasy Golf account page. Buzz Fantasy Golf reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
It is very important to understand that you will not receive a notice from Buzz Fantasy Golf that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. You may cancel your subscription at any time as described in the "Cancellation and Refunds" section of these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
If we offer you a promotion (e.g., a promotional price, bundled subscription, or device-specific offer), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
You are responsible for all use of your account, including the prevention of other users accessing your account. A single person is only allowed to have one registered account with Buzz Fantasy Golf. In the case of an accidental creation of multiple accounts, our customer service should be contacted in order to get the accounts consolidated. Any attempt to use multiple accounts to gain multiple entries into single entry services may result in the termination of your subscription(s) and access to Buzz Fantasy Golf Content and Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third-party, please be very careful to guard the security and confidentiality of your password. You will not have to reveal it to any Buzz Fantasy Golf representative. Please notify us using the contact form on our Buzz Fantasy Golf Site if you suspect any unauthorized use of your account.
Buzz Fantasy Golf may offer the account holder certain rights, including the right to access information about and delete the account. You may find information on how to exercise these rights by logging in on the Buzz Fantasy Golf Site and viewing your account details. Please note, you must first cancel your subscription before you will be able to delete your account. Please see the section "Cancellation and Refunds" above for instructions on how to cancel your subscription.
For information about Buzz Fantasy Golf's policies and practices regarding the collection and use of your information, please read Buzz Fantasy Golf's Privacy Policy available at buzzfantasygolf.com/privacy buzzfantasygolf.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Buzz Fantasy Golf Site and use of the Services through any other Access Point or Compatible Device are governed by the Buzz Fantasy Golf Privacy Policy in effect at the time of your use.
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below, as well as additional rules applicable to any Buzz Fantasy Golf-hosted site.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Buzz Fantasy Golf using a third-party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Buzz Fantasy Golf the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Buzz Fantasy Golf will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Buzz Fantasy Golf does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Buzz Fantasy Golf. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Buzz Fantasy Golf a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Buzz Fantasy Golf is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Buzz Fantasy Golf), fully-paid, royalty-free (meaning that Buzz Fantasy Golf is not required to pay you for the use of your User Material), and sublicensable (so that Buzz Fantasy Golf is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Buzz Fantasy Golf does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Buzz Fantasy Golf. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does Buzz Fantasy Golf assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Buzz Fantasy Golf with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing support@buzzfantasyleagues.com (subject line: "Inappropriate User Material").
If we provide links or pointers to other websites or destinations, you should not infer or assume that Buzz Fantasy Golf operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not govern your use of another website or destination.
Buzz Fantasy Golf is not responsible for the content or practices of any website or destination other than the Buzz Fantasy Golf Site, even if it links to the Buzz Fantasy Golf Site and even if the website or destination is operated by a company affiliated or otherwise connected with Buzz Fantasy Golf. By using the Services, you acknowledge and agree that Buzz Fantasy Golf is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Buzz Fantasy Golf Site.
Buzz Fantasy Golf takes no responsibility for and does not endorse any third-party advertisements or any third-party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Buzz Fantasy Golf is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Buzz Fantasy Golf is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
Buzz Fantasy Golf, the Buzz Fantasy Golf logo, and other Buzz Fantasy Golf marks, graphics, logos, scripts, and sounds are trademarks of Buzz Fantasy Golf. None of the Buzz Fantasy Golf trademarks may be copied, downloaded, or otherwise exploited.
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE BUZZ FANTASY GOLF SITE, THE CONTENT, THE FANTASY GOLF LEAGUE MANAGEMENT SOFTWARE, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUZZ FANTASY GOLF DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL BUZZ FANTASY GOLF OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROVIDERS) (COLLECTIVELY, THE "BUZZ FANTASY GOLF PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BUZZ FANTASY GOLF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO BUZZ FANTASY GOLF FOR ACCESS TO YOUR SUBSCRIPTION IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BUZZ FANTASY GOLF PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). BUZZ FANTASY GOLF RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team using the contact form on our Buzz Fantasy Golf Site. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and Buzz Fantasy Golf agree to first discuss any issue informally for at least 60 days before commencing an arbitration proceeding. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: support@buzzfantasyleagues.com. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Buzz Fantasy Golf.
If we do not reach an agreed upon solution after our discussions for at least 60 days, you and Buzz Fantasy Golf agree that any and all claims, except disputes relating to the ownership or enforcement of intellectual property rights, that either of us may have, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration. Please note that YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
YOU AND BUZZ FANTASY GOLF AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, Buzz Fantasy Golf, and any other parties to the arbitration or proceedings.
For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Waukesha County, Wisconsin. Rather than force everyone to visit us in Wisconsin, if you can demonstrate that arbitration in Wisconsin would create an undue burden to you, you are free to initiate the arbitration in your home state. It is important that you understand that the arbitrator's decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this Section shall be construed as consent by Buzz Fantasy Golf to the jurisdiction of any other court with regard to disputes not covered by these Terms.
To help resolve any issues between us promptly, you and Buzz Fantasy Golf agree to bring any claim arising out of or relating to these Terms (including Buzz Fantasy Golf’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
We are a company based in the United States and offer our Services to users in the United States. Access to the Services from locations where Buzz Fantasy Golf does not have rights, that are not permitted by the terms of your subscription, or where Buzz Fantasy Golf does not make the Services available is prohibited.
Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
These Terms are governed by, and construed in accordance with, the laws of the State of Wisconsin without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 11 is not applicable (e.g., when confirming an arbitration award), you and Buzz Fantasy Golf agree to submit to the exclusive jurisdiction of the courts located in the Waukesha County of the State of Wisconsin.
If you see other parties violating these Terms, let us know at support@buzzfantasyleagues.com (subject line: "TOU Violation"). Buzz Fantasy Golf will determine if and how to respond. Buzz Fantasy Golf's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if Buzz Fantasy Golf acts in a way that appears to you to be inconsistent with these Terms, Buzz Fantasy Golf's action shall not be deemed a waiver or constructive amendment of these Terms.
Please note that these Terms, including Buzz Fantasy Golf's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and Buzz Fantasy Golf and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Buzz Fantasy Golf may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Buzz Fantasy Golf in relation to the Services. In the unlikely event that a customer service representative or material posted to our Help Center provides information that is inconsistent with these Terms, please be aware that these Terms will control. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the Buzz Fantasy Golf Site and other Access Points). You consent to receive electronic communications from Buzz Fantasy Golf and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
The provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience. Enjoy the Services!