Terms of Use

1. Permitted Use and Use Restrictions

The Services are provided for your personal entertainment, information, education, and information. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you or any third party.

You may access and use the Services for your personal, non-commercial purposes. Where the function is available, you may download a single copy of text, images, photographs, video, audio, graphics, statistics, data, logos, trademarks, and other materials available on or through the Services (“Content”) for personal, non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the original Content. You may not, without our prior written permission: (a) use the Services or any Content for any commercial purpose; (b) scrape, crawl, index, or use automated means to access or collect data from the Services; (c) frame, mirror, or deep-link to the Services; (d) reproduce, distribute, publicly display, modify, or create derivative works of any Content; (e) use the Services in any manner that is unlawful, infringing, threatening, libelous, defamatory, obscene, or otherwise harmful; or (f) interfere with or disrupt the operation of the Services or their servers.

The Services are intended for users who are at least sixteen (16) years of age. Users under eighteen (18) years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Services, you represent that you meet this age requirement, and if under the age of eighteen (18) have obtained the legal consent of your parent, or legal guardian to use the Services.

2. Intellectual Property

Ownership

All Content available on or through the Services — including but not limited to the Dunkman League name, team names, logos, trademarks, service marks, uniform and trade dress, trade dress colors, game footage, highlights, photographs, video, audio, statistics, scores, and other materials — is owned by, licensed to, controlled by, or used with our permission, and/or the respective licensors (collectively, “League Content”). All rights, title, and interest in and to the League Content, including all associated trademarks, service marks, logos, trade dress, copyrights, and other proprietary rights of the Dunkman League, its member teams, and their licensors (the “Intellectual Property”) rights, are and shall remain exclusively with us. Nothing in these Terms transfers any ownership rights to you.

Limited License

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and, where the function is available, to download or print a single copy of League Content solely for your personal, non-commercial use. You must retain all copyright, trademark, and other proprietary notices on any copies. This license does not include any right to reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, sell, or commercially exploit any League Content without our prior written consent.

Trademarks

The Dunkman League name, team names, logos, symbols, service marks, trade dress, uniform designs, and other identifications appearing on the Services are the exclusive Intellectual Property of the League, its member teams, and/or their respective licensors or third parties. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our prior written permission or that of the applicable rights holder. Misuse of any trademark displayed on the Services is strictly prohibited.

Statistics Use Restrictions

We may make available through the Services statistics relating to or arising out of the performance of players, teams, and competitions (“League Statistics”). By using League Statistics, you agree that: (i) any use, display, or publication of League Statistics shall include a prominent attribution to the Dunkman League and/or the Site; (ii) League Statistics may only be used for legitimate news reporting or private, non-commercial purposes; (iii) League Statistics may not be used in connection with any gambling activity (including legal gambling activity) without our express prior written consent; (iv) League Statistics may not be used in connection with any fantasy sports product or other commercial product or service without our express prior written consent; (v) League Statistics may not be used in connection with any product or service that presents a live, near-live, or real-time play-by-play account or depiction of any Dunkman League game or event; and (vi) League Statistics may not be used in connection with any website, product, or service that features a comprehensive, regularly updated database of League Statistics without our express prior written consent.

Submissions

Any communication or material that you transmit to us via the Services or through social media, by electronic mail or otherwise — including any data, questions, comments, suggestions, creative ideas, concepts, or similar materials — will be treated as non-confidential and non-proprietary. By transmitting any such material (“Submission”), you automatically grant us the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, publish, translate, distribute, perform, display, and create derivative works of such Submission in any form, media, or technology now known or hereafter developed, for any purpose. You waive any and all claims against us for compensation, attribution, or infringement of any intellectual property rights in connection with any Submission.

Unsolicited Ideas

We do not accept unsolicited proposals, creative ideas, or concepts. We may already be working on similar ideas. Consequently, any unsolicited Submission shall be deemed our property, and we shall have no obligation or liability of any kind with respect thereto.

3. Repeat Infringer Policy; Copyright Complaints

Our Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

Reporting Claims of Copyright Infringement

If you believe that any content on our Services infringe any copyright that you own or control, you may notify our designated agent as follows:

Please see section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

4. Third-Party Linked Sites — Disclaimer and Waiver

The Services may contain links or references to websites, applications, or services operated by third parties not owned or controlled by us (“Third-Party Sites”). The inclusion of any link to a Third-Party Site does not imply our endorsement, sponsorship, affiliation, or approval of that Third-Party Site or its content.

We have not reviewed, and are not responsible for, the content, accuracy, products, services, privacy practices, security, or terms of use of any Third-Party Site. Your access to and use of any Third-Party Site, including any information, materials, products, or services therein, is solely at your own risk.

WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY WAIVE, ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, LOSSES, AND LIABILITIES OF ANY KIND AGAINST US, THE DUNKMAN LEAGUE, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATHLETES, LICENSEES, PARTNERS, AND AGENTS ARISING FROM OR RELATED TO: (A) ANY THIRD-PARTY SITE, ITS CONTENT, PRODUCTS, OR SERVICES; (B) YOUR INTERACTION WITH, ACCESS TO, OR USE OF ANY THIRD-PARTY SITE; OR (C) ANY ACT OR OMISSION OF ANY THIRD-PARTY SITE OPERATOR. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO, ANY THIRD-PARTY SITE.

We do not authorize any third party to frame, mirror, or create unauthorized links to the Services without our express prior written consent.

5. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, THE DUNKMAN LEAGUE, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “LEAGUE PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT.

You acknowledge that your use of the Service is at your sole risk. The League Parties do not warrant or represent that the Content is accurate, error-free, or reliable, or that use of the Content will not infringe rights of third parties.

6. Release

To the fullest extent permitted by applicable law, you release us and the League Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY LEAGUE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ANY LEAGUE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALL LEAGUE PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00 USD) OR THE AMOUNT PAID BY YOU THROUGH THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE LEAGUE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Claims Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE PERMANENTLY BARRED.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above exclusions and limitations shall apply to the fullest extent permitted by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless the League Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) any breach or alleged breach by you of these Terms; (c) any material or Submission provided by you; or (d) your violation of any applicable law, regulation, or third-party right. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

9. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PROVIDER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU ARE WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THE TERMS.

Definition of “Dispute.”

For purposes of this Section 9, “Dispute” means any dispute, claim, or controversy between you and us (including all League Parties) arising out of or relating to: (a) your access to or use of the Service; (b) these Terms or any prior version thereof; (c) any Content or services provided through the Service; or (d) the relationship between you and us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arose. Dispute shall be interpreted broadly.

Claims This Section Applies To

The dispute resolution and binding arbitration terms in this Section 9 apply to all Claims between you and us. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

Informal Dispute Resolution Prior to Arbitration

If you have a Claim against us or if we have a Claim against you, the Parties will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and us will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice by certified mail addressed to Dunkman League, LLC, c/o Authentic Brands Group LLC, Attn: Legal Department, 1411 Broadway, 21st Floor, New York, NY 10018 or by email to legaldept@authentic.com. We will send any Claimant Notice to you by certified mail or email using the contact information you have provided to us. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other individual.

During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address, and e‐mail address, and the name, telephone number, mailing address, and e‐mail address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to by certified mail return receipt requested to Dunkman League, LLC, c/o Authentic Brands Group LLC, Attn: Legal Department, 1411 Broadway, 21st Floor, New York, NY 10018 or by email to legaldept@authentic.com. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other individual. You may, but are not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You nor us can proceed to arbitration before the end of the Informal Resolution Period. If you or we file a Claim in court or proceed to arbitration without complying with the requirements in this Section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

Small Claims Court

As an alternative to arbitration, either party may bring an individual Claim in small claims court if it falls within the jurisdictional scope and monetary limits of the small claims court where you reside. Such claims must remain in small claims court on an individual basis and may not be removed or appealed to a court of general jurisdiction.

Claims Subject to Binding Arbitration; Exceptions

Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of the Parties, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of your or our intellectual property or other infringement of your or our intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved informally in accordance with this Section, will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

Binding Individual Arbitration

The sending of a Notice of Dispute and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in the Terms. No arbitration may commence or proceed until the requirements set forth above are fully satisfied.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association, as modified by the Terms, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the Parties, but neither party shall unreasonably withhold their consent. If the Parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The arbitrator shall be bound by the Terms and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

The Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, the Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

We agree that, by agreeing to the Terms, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.

Arbitration Procedure and Location

The Parties may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Dunkman League, LLC, c/o Authentic Brands Group LLC, Attn: Legal Department, 1411 Broadway, 21st Floor, New York, NY 10018 or by email to legaldept@authentic.com. We will send any demand for arbitration to you by certified mail or email using the contact information you have provided to us.

The arbitration will be conducted by a single arbitrator in the English language. The Parties both agree that the arbitrator will be bound by the Terms.

Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.

At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.

Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in Section D(1) hereof have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, will reimburse any AAA filing, administration and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.

Arbitration Fees

After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, we will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, we will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the terms of the Terms.

Offers of Settlement

Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

Confidentiality

If you or we submit a Claim to arbitration, the Parties agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. The Parties agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

Mass Arbitration

WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

• “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the Parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
• In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
• In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
• All Mass Arbitration shall be subject to all other substantive and procedural terms contained within the Terms.
• We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
• If any part of this Section related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section and the Terms shall be enforced to the maximum extent permitted by law.
• If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section. In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in the Terms shall not apply to those disputes within the Mass Arbitration.

Opting Out of Arbitration

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the Terms by emailing legaldept@authentic.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.

Rejection of Future Arbitration Changes

You may reject any change we make to this Section (except address changes) by sending us notice of your rejection within 30 days of the change via email at legaldept@authentic.com. Changes to this Section may only be rejected as a whole, and you may not reject only certain changes to this Section. If you reject changes made to this Section, the most recent version of this Section that you have not rejected will continue to apply.

Severability

If any portion of this Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from the Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with the Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

Delegation

All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Terms’ other terms and conditions, (iii) whether you or we, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Terms is unenforceable, void or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above).

Pursuant to this agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.

10. Governing Law and Venue

These Terms and any disputes, claims or controversy between the Parties shall be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms, or the Service that is not subject to arbitration pursuant to the above section and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in the State of New York. You consent to personal jurisdiction in such courts and waive any objection to such jurisdiction or venue on the grounds of forum non conveniens or any other basis.

You agree to accept service of process by certified mail, return receipt requested, at the address you provide. We shall be entitled to recover its reasonable attorneys’ fees and costs incurred in successfully proving any breach of these Terms.

11. Modifications to Terms

We may amend, modify, or update these Terms at any time in its sole discretion by posting the revised Terms on the Site with an updated “Last Updated” date. Any changes will be effective immediately upon posting. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are encouraged to review these Terms periodically. If you do not agree to any amended Terms, you must discontinue your use of the Service.

12. Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

13. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and the League with respect to your use of the Site and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, with respect to such subject matter.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall remain in full force and effect.

Injunctive Relief

You acknowledge and agree that any violation of these Terms relating to our Intellectual Property or Content may result in irreparable harm not adequately compensable by money damages. Accordingly, we shall be entitled to seek injunctive or other equitable relief without the necessity of posting a bond or proving actual damages.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the Parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the Parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. We may assign the Terms, in whole or in part, with or without notice to you. You can’t assign your rights or obligations under the Terms, and any attempted assignment in violation of this sentence will be void.

If you have a question or complaint regarding the Services, please send an email to support@dunkman.com. You may also contact us by writing to Dunkman League, LLC, c/o Authentic Brands Group LLC, Attn: Legal Department, 1411 Broadway, 21st Floor, New York, NY 10018. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.