Terms of Use
Effective Date: 10/12/2021
Date Last Updated: 10/12/2021
These Terms of Use (“Terms”) describe the terms of use of your access to and use of our website www.preediction.com (the “Site”), interactive shows, video podcasts, AMA events, pre- or post-game hangouts, or other live events (“Events”), or any other sites, pages, and applications on which this Policy is posted (collectively our “Platform”). These Terms set forth a binding agreement between you and Sports Bet Collective Inc. d/b/a Preediction, our affiliates, and subsidiaries (collectively “Preediction”, “we”, “our”, or “us”).
1. Acceptance Of These Terms
Please read these Terms carefully! You are bound by these terms when you visit our Site, attend a Event, or otherwise use services or features of our Platform, such as registering an account or clicking “I Agree” or “I Accept” where relevant. If you do not agree to these Terms, you must not use the Platform.
1.1 Arbitration and Class Action Waiver
YOU UNDERSTAND THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU UNLESS CONTRARY TO APPLICABLE LAW. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO BRING A CLASS ACTION LAWSUIT AGAINST US. (See Section on 16 Dispute Resolution for complete details.)
YOU UNDERSTAND THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU UNLESS CONTRARY TO APPLICABLE LAW. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO BRING A CLASS ACTION LAWSUIT AGAINST US. (See Section on 16 Dispute Resolution for complete details.)
1.2 Eligibility
You must have the legal authority and ability to enter into and agree to be bound by these Terms.
You must be at least 18 years old to use the Platform. If you are under 18, you must not access or use the Platform unless your parent or legal guardian has given their consent for you to use the Platform.
If you are a parent or guardian accepting these terms on behalf of a minor, you represent and warrant that you have read and agree to these terms on behalf of the minor and on your own behalf. As a parent or guardian using the Platform on behalf of a minor you also acknowledge and agree that your access to and use of the Platform are subject to these Terms.
1.3 Additional Terms
In some cases, additional and different terms may apply (“Additional Terms”). For example, if you are a content creator, host, commentator, talent, or other personality (a “Personality”), then different terms govern. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless expressly stated otherwise.
1.4 Your Acceptance of these Terms
By accepting these Terms or accessing the Platform, you acknowledge and agree that you:
Are at least 18 years of age;
Have read and understand the Terms;
Agree to be legally bound to the Terms and any other agreements, policies, or other conditions incorporated herein by reference;
Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a minor under age 18, company, business entity, or other party that you have all legal and requisite authority to represent;
That your use of the Platform does not violate any law, rule or regulation, terms of use, or other legally or contractually binding requirements to which you are subject.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS OF USE THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE SITES, EVENTS, SERVICES, APPLICATIONS, OR ANY FEATURES OF OUR PLATFORM YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS.
IF YOU DO NOT AGREE WITH THE TERMS OR DO NOT HAVE THE RIGHT, AUTHORITY OR CAPACITY TO ENTER INTO THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE PLATFORM.
YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE PLATFORM IN YOUR JURISDICTION AND THAT WE ARE NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
IF YOU VIOLATE THESE OR ANY OTHER APPLICABLE ADDITIONAL TERMS, WE MAY IN OUR SOLE DISCRETION BLOCK OR PROHIBIT YOU FROM ACCESSING OR USING THE SITE, EVENTS, OR PLATFORM.
YOU AGREE TO INDEMNIFY THE COMPANY FOR ANY BREACH OF THESE OR OTHER APPLICABLE TERMS. (See Section 14 on Indemnification for full details.)
1.5 Changes to these Terms
We reserve the right to modify our Platform in whole or in part. We may introduce new features, change existing features, or remove features from the Platform at any time and without prior notice. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Platform, including Preediction’s release of new content, resources and/or new related websites or applications. If changes to the Terms are material, we will take reasonable steps to notify you and, if necessary, obtain your consent. Please check this page frequently so you are aware of any changes, as they are binding on you.
2. Prohibited Uses
You must use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
In any way that violates any applicable U.S. or foreign federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
To engage in transactions for the purpose of concealing economic activity, laundering money, financing terrorism or any other illegal purpose;
To engage in any attack, hack, exploit or to otherwise interfere with the Platform or any features thereof;
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter,” or “spam” or any other similar solicitation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Information, or otherwise;
To impersonate or attempt to impersonate the Preediction, a Preediction employee, or any other person or entity (including, without limitation, by using email addresses or screen names that could be associated with any of the foregoing);
In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform;
By targeting it with any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring, copying, or transmitting any of the content, Events, NFTs, Merch, or other media on the Platform;
To monitor, copy, or transmit any content, Events, NFTs, Merch, or other media on the Platform for any other unauthorized purpose without our prior written consent;
By targeting it with any device, software, or routine that interferes with the proper working of the Platform in any way;
To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
To actually or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform or any server, computer or database connected to the Platform.
3. Access to the Platform
Our Platform connects Fans and Personalities through interactive shows, video podcasts, AMA events, pre- or post-game hangouts, or other live events (“Events”). Fans may also be able to participate in additional features to enrich their experience, like purchasing special access, limited NFTs, or limited edition merchandise.
To access and use the Platform, you are responsible for making all arrangements necessary for you to have access to the Platform, including by installing and configuring your settings on a compatible web browser.
We reserve the right to withdraw or amend access to this Platform, at any time in our sole discretion. Preediction will not be liable if for any reason all or any part of the Platform is unavailable at any time for any period.
4. Account Registration
Certain areas of the Platform require you to register for an account and provide information to use those features (an “Account”). Any Personal Information you provide us is governed by our Privacy Policy. If you choose not to provide such information, you may not be able to participate in those areas of the Platform.
You agree to provide only true, accurate, current, and complete information at all times. If we reasonably believe you provided any untrue, inaccurate, misleading, outdated, or incomplete information, we have the right to suspend or terminate your Account and deny you access to any or all features of the Platform. You must not use your Account for any illegal, illicit, or unethical activity, including money laundering, fraud, hacking, or any other misuse.
By registering for an account or creating a profile, you agree to accept responsibility for all activities that occur under that account, including keeping your password secret and secure. You agree to immediately notify us of any unauthorized use of your account or any other breach of security as soon as you learn about it.
We reserve the right to suspend, discontinue, or terminate access to any Account, without notice, or refuse any and all future use of the Platform if you fail to comply with these Terms or, in our sole discretion, for any or no reason. You understand and agree that we shall have no liability or obligation to you in such an event.
If you would like to close or terminate your Account, you may do so at any time by contacting us at info@preediction.com.
5. Participating in Events
5.1 All-Access Gaming Participants
If you are an attendee, spectator, or other side-line participant in an Event (a “All-Access Gaming Participants”), you agree that any comments, questions, communications, or content you send, share, or otherwise input into the Platform will at all times comply with the User Content Rules set out in Section 7 below.
Our Events are recorded. This means your face, voice, messages, posts, or other content you submit at the Event will be recorded. We may post these recordings or make them available to others at a later date, such as by streaming a replay of the Event on one of our social medial channels.
You acknowledge that by attending an Event you may be recorded and consent to being recorded. If you do not consent to being recorded, you can choose to leave the Event. Any refunds or credits are subject to our refund policy.
You grant Preediction an irrevocable, non-exclusive, world-wide, royalty-free license to use, copy, store, archive, communicate, broadcast, reproduce, sublicense, publicly present, modify, adapt, and distribute the recording of the Event in any media or format (collectively “Replays”). You also waive any and all copyright, moral rights, publicity rights, and any other applicable intellectual property rights you may have and any rights to claim royalties or any other form of compensation related to any Replays.
5.2 Personalities
When you participate in our Platform or an Event as a Personality, your participation is also governed by the Talent Agreement and any other Additional Terms you agreed to. These Additional Terms may supersede these Terms and control our engagement. You should read any Additional Terms carefully to clearly understand your rights and responsibilities.
5.3 Buying a Ticket to an Event or Event Package
You can purchase a ticket to attend, participate in, or watch an Event through the Platform. You may also have options to add on special features, promotions, or opportunities and purchase an Event Package. To do so, you need a valid, legal payment method with full authority to use it. You represent and warrant that you will not use any form of payment unless you have all necessary legal authorization to do so.
You must supply information needed to process your transaction, like your name, credit or payment card number and expiration date, and billing address. Any Personal Information you provide us is governed by our Privacy Policy.
You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment methods is declined, you agree to pay all additional fees and costs incurred as a result.
5.4 Buying NFTs
You may also have the option to purchase or gain certain rights or licenses to artwork or other digital media that have been cryptographically tokenized on a blockchain as a minted Nonfungible Token (“NFTs”) through the Platform. You may also have the option to purchase NFTs which may entitle you to a variety of benefits including fan packages, premium access to Events, meet and greets with our Talent, Merch, or other promotional offers. Your purchase of any NFTs shall be subject to the terms and conditions of the NFT Owner License, which is expressly incorporated herein by this reference. Any specific, Additional Terms that may apply to your NFT purchase will be provided to you in that transaction.
You must have a valid wallet and form of payment that are compatible with the blockchain on which the NFT was tokenized and minted with all necessary legal authorization to use that wallet and/or payment to complete the transaction. Any Personal Information you provide us is governed by our Privacy Policy.
You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment method is declined, you agree to pay all additional fees and costs incurred as a result
5.5 Buying Merchandise
You have the option to purchase merchandise, such as clothing, apparel, and other items (“Merch”) through the Platform.
You must have a valid form of payment with all legal authorization to use that payment to purchase Merch. You will also be asked to provide Personal Information, such as your name, contact information, and shipping details so that we can complete your order. Any Personal Information you provide us is governed by our Privacy Policy.
You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment method is declined, you agree to pay all additional fees and costs incurred as a result.
We rely on industry shipping providers to fulfill and ship your order. We are not responsible for any lost, damage, missing, or stolen Merch.
5.6 Sweepstakes, Contests, or Promotions
From time to time we may have sweepstakes or other promotional offers, which may be governed by a separate set of rules and eligibility requirements, such as certain age or geographic restrictions. Such rules and requirements govern your participation, registration, or entry in any sweepstakes or promotion.
5.7 No Returns or Refunds
Unless otherwise expressly stated at the time of your transaction, all sales are final. No returns or refunds will be permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
6. Privacy Policy
When you access or use the Platform, we may collect information that identifies, describes, or is reasonably capable of being associated with you (“Personal Information”). Our collection, use, and disclosure of your Personal Information is governed by our Privacy Policy. By using the Platform or otherwise providing your consent you agree to the terms of our Privacy Policy.
7. User Content Rules
The Platform may allow you and others to participate in discussion boards, chat rooms, blogs, comment sections, and other forums to post messages, pictures, review, or other content. If you post any content whatsoever through these Platform features you agree to follow these User Content Rules:
Do not post degrading content intended to mock, humiliate, defame, embarrass, intimidate, threaten, or otherwise harm other people.
Do not use hate speech or racial, ethnic, or bigoted slurs, and never post content that promotes or encourages violence or hatred against other people.
Do not use profane, socially offensive, or other language such as cursing, cussing, or swearing. This includes language that is offensive, impolite, rude, or culturally insensitive.
Never post nudity, pornography, or other sexually explicit or suggestive content.
Maintain a supportive environment by not glorifying self-harm or encouraging other people to engage in self-harm.
Respect other people’s privacy by never posting or sharing their Personal Information, or other confidential information, including contact information or address.
Do not post content intending to disrupt or annoy other individuals, and never post content while impersonating or pretending to be someone else.
Never post anything illegal or that encourages illegal activity.
Except as otherwise expressly stated in writing, you agree that any content whatsoever that you post on the Platform will be treated as non-confidential, non-proprietary information that is not your Personal Information to the fullest extent permitted by law. You grant Preediction an unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, or otherwise exploit in any manner or formats whatsoever, all or any portion of your content or other information you submit to Preediction for any purpose on or through any media. You agree that you own or have obtained all rights, title, authorizations, or permissions to the content you submit that are necessary to grant all of the rights and licenses to Preediction described in these Terms. Except as prohibited by law, you waive any moral rights you may have in any content whatsoever that you submit, even if such content is altered or changed in a manner not agreeable to you.
We have the right, in our sole discretion, to remove or delete any content for any reason, including if such content violates this Section on User Content Rules or Terms in general.
8. Intellectual Property
At Preediction, we respect the intellectual property rights of others, including those of the Personalities on our Platform. We have no obligation to and do not monitor any content, streams, Events, or other features on our Platform where content may be available. However, we reserve the right to, at our sole discretion, to refuse to post and remove any content whatsoever to protect a third party’s intellectual property rights or to ensure compliance with these Terms or any Additional Terms.
8.1 The Digital Millennium Copyright Act
We will respond to proper notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”). If we receive a proper DMCA notice we will endeavor to remove all allegedly infringing content from the areas of our Platform and Sites under our control
8.2 DMCA Notice
If you believe Digital Media on our Platform violates your copyright, please notify us immediately in writing by using the following contact information:
Mail: 4 Rosebank Ave, Kentfield, CA, 94904
Email: info@preediction.com
So that we can respond to your notification, please include all of the following information:
A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner;
A clear identification of the copyrighted content that is claimed to be infringed, if multiple instances/ presentations are implicated, a representative list of such works;
Identification of the content online, including, if possible, a URL link to the content on the Platform;
Information reasonably sufficient to permit us to contact you, such as your email address, physical address, and/or telephone number;
A statement that you have a good faith belief that the relevant content is being used in a way that is not authorized by the copyright owner, its agent, or under the law;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
8.3 DMCA Counter Notice
On the other hand, if you receive a notice from Preediction that any content you may have posted on the Platform has been taken down (a “DMCA Take-Down Notice”) and you believe that the content removed was not infringing or that you have authorization to post it from the copyright owner, their agent, or pursuant to the law, then you may send us a Counter Notification under the DMCA. You may submit this notice to us, in writing, within 10 business days from receipt of the DMCA Take-Down Notice, using the following contact information:
Mail: 4 Rosebank Ave, Kentfield, CA, 94904
Email: info@preediction.com
So that we can respond to your notification, please include all of the following information:
Your physical or electronic signature;
A clear identification of the content that has been removed and the location of the content on our Platform before it was removed;
A statement that you have a good faith belief that the content was removed as a result of misidentification or mistake;
Your name, telephone number, and email address;
A statement that you consent to the jurisdiction of the U.S. District Court in the state which you reside, and a statement that you will accept service of process from the person who provided the DMCA notification of the alleged infringement to us.
8.4 Our Intellectual Property Rights to Site and Platform Content
You acknowledge that the Platform and its entire contents, features, and functionality (including but not limited to all information, technology, software, text, displays, images, video, audio, name, logo, service names, designs, slogans, and trademarks, and the design, selection, and arrangement thereof) (the “Site and Platform Content”) are owned or licensed by Preediction, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are only permitted to access and use the Platform and any content whatsoever posted on the Platform as expressly authorized by these Terms.
These Terms do not transfer any right, title, or interest in the Platform or any content whatsoever to you. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Platform or any content whatsoever.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE PLATFORM OR ANY CONTENT WHATSOEVER MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM PREEDICTION. YOU ARE PROHIBITED FROM MODIFYING, DISTRIBUTING, PUBLISHING, TRANSMITTING, OR CREATING DERIVATIVE WORKS OF ANY ASPECT OF THE PLATFORM OR CONTENT WHATSOEVER FOR ANY PURPOSES.
8.5 Consequences for Infringement
We reserve the right to terminate your access to the Platform or your Account if we are notified and/or discover you have intentionally or negligently engaged in any conduct infringes on our intellectual property rights or anyone’s intellectual property rights. We also reserve the right to remove or take down any content whatsoever that infringed anyone’s intellectual property rights in any way. You are responsible for indemnifying us for any infringement Claims arising from your conduct consistent with Section 14.
9. Reliance on Information Provided by Proof of Art
The information presented on or through the Platform is made available solely for general information purposes. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, availability, or our business. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Platform is inaccurate at any time, in our sole discretion, with or without notice.
Additionally, we do not warrant the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by anyone.
10. Third Party Links and Content
The Platform may include links to or content provided by third parties. We do not maintain or own this content and we do not do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Platform to access third-party sites, you do so at your own risk. You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Platform.
11. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER PREEDICTION NOR ANYONE ASSOCIATED WITH PREEDICTION REPRESENTS OR WARRANTS THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PREEDICTION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability
IN NO EVENT WILL PREEDICTION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
13.1 Obligations
You agree to indemnify, defend, and hold harmless Preediction, our affiliates, and our respective officers, directors, members, managers, agents, employees, personnel, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, losses, injuries, damages, liabilities, judgments, costs and expenses including reasonable attorneys’ fees, experts’ fees and court costs (each a “Claim”) arising out of or in connection with (i) a breach of these Terms or any other applicable terms by your, including any allegation that, if true, would constitute a breach, such as any Claim that any of the Indemnified Parties’ use of, or other exercise of their rights in, any content infringes, misappropriates, or otherwise violates a patent, copyright, trademark, trade secret, and/or any other intellectual property right, and/or (ii) the negligent acts or omissions, errors, or intentional wrongdoing by you, your employees, subcontractors, agents, or other legal representatives.
13.2 Procedures
We will notify you of any Claim promptly after we learn about it; provided, however, that your obligations under this Section shall continue even if we do not provide you with prompt notice of any such Claim, so long as you are not materially prejudiced as a result. At our sole discretion, we shall control the proceedings relating to a Claim or allow you to do so, at your sole cost and expense. Under no circumstance may you settle any Claim without the consent of the applicable Indemnified Parties, which shall not be unreasonably withheld. To the fullest extent permitted by law, such settlement shall not admit liability on the part of any Indemnified Party or imposes any liability or obligation upon such Indemnified Party. If you fail to timely undertake the defense of a Claim, each of the applicable Indemnified Parties shall have the right, but not the obligation, themselves to undertake, or to have another for them to undertake, the defense (including settlement) of such Claim, which shall be on behalf of, for the account of, at the sole cost and expense of, and at the sole risk of, you.
14. Governing Law and Jurisdiction
All matters relating to the Platform, these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Dispute Resolution
If you have any issue or dispute with Preediction, you agree to first contact us at info@preediction.com to attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in the County of San Francisco, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16. Waiver and Severability
Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with Preediction, shall constitute the entire agreement between us with respect to the Platform and any use of the Platform whatsoever.
18. Contact Us
If you have any questions or comments about these Terms please contact us at info@preediction.com.