Terms & Conditions
THESE TERMS, ALONG WITH ANY ADDITIONAL CONDITIONS, RULES, DESCRIPTIONS, AND TERMS THAT MAY RELATED TO A PARTICULAR CONTEST, CONSTITUTE AN AGREEMENT BETWEEN YOU AND HEAVY BLADE, LLC (HEREAFTER, “HEAVY BLADE”). THESE TERMS OVERRIDE ANY PRIOR AGREEMENTS, ORAL OR WRITTEN, BETWEEN YOU AND HEAVY BLADE. IN THE EVENT OF ANY PARTICULAR CONFLICT BETWEEN THESE TERMS AND THE TERMS USED IN A PARTICULAR CONTEST, THE CONTEST RULES SUPERCEDE THESE TERMS. IN THE EVENT OF ANY PARTICULAR CONFLICT BETWEEN THESE TERMS AND THE CONDITIONS, REGULATIONS, AND/OR LAWS OF A STATE, THE STATE’S CONDITIONS, REGULATIONS AND/OR LAWS SUPERCEDE THESE TERMS.
THESE TERMS AND THE RELATIONSHIP BETWEEN YOU AND HEAVY BLADE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS.
ACCEPTANCE OF TERMS
If you do not agree to these Terms then you may not access or use the Service.
The most current version of these Terms will be available through the Service. You are responsible for reviewing these Terms including any modifications. At the discretion of Heavy Blade, you may or may not be notified via email of any changes to these Terms. Continued use of the Service after any modification of Terms constitutes your acceptance of the Terms.
ELIGIBILITY — PRIZE CONTESTS
In order to participate in Heavy Blade Prize Contests, you must be 18 years of age or older. If you live in a location where the minimum permissible age for Prize Contests is older than 18 years old, you must meet the age requirement of your location. Residents of the states of Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada, and Washington are not eligible to participate in Prize Contests, however they may use other elements of the Service.
ELIGIBILITY - PRIVATE LEAGUES (SOFTWARE AS A SERVICE)
Heavy Blade provides Private Leagues, different from its Prize Contests. Private Leagues are for people who are already connected to enough players to fill their private league among people they know. Fees or charges paid to Heavy Blade are for the use of its software only, and specifically not for prizing. Private Leagues are not contests and you acknowledge that Heavy Blade provides no prizing for Private League participants. Because Private Leagues are not contests and have no prizes, anyone over the age of 13 may participate in Heavy Blade private contests and anyone from all 50 states may participate. If the participants of your Private League choose to use an entry fee, you agree that those fees are wholly separate and unrelated to Heavy Blade. Heavy Blade will not participate in, reimburse, or adjudicate any monetary disputes that may arise between Private League participants.
ELIGIBILITY - ALL SERVICE USERS
You may create one account for yourself, and never more than one, to participate in the various Services. If Heavy Blade discovers that you have created more than one account, Heavy Blade may terminate, suspend, or modify any or all of your accounts, and further, it reserves the right to withhold, revoke or modify any prizes you may have won, including those already in your account, in addition to any other rights Heavy Blade may have. You agree to update your account information when it changes.
Your account is your responsibility, and you accept responsibility for all activity, charges, losses, damages, and gameplay that happens from your account. You are responsible for your username and passwords. It is a violation of these Terms for anyone other than yourself to use or control your account for any purpose. If you believe your account has been accessed by someone other than yourself, contact us immediately. If you fail to notify of us of unauthorized use, Heavy Blade is not responsible for any loss or damage resulting from your failure.
Heavy Blade may, from time to time, request information to verify your account information. You agree to provide us with accurate and complete information that validates your identity.
At its discretion, Heavy Blade may ask you to modify your username or may permanently change your username for you.
When you use a payment method at this Service, you affirm that, as the Authorized Account Holder, you are the lawful owner of the payment method. Use of a payment method you do not own is a violation of these Terms and you are subject to the loss of your payments. Charge backs should be your last resort for any dispute with Heavy Blade (see “Dispute Resolution”). If your payment is charged back from Heavy Blade, your winnings will be forfeited, and funds of the same amount will be deducted from your account balance. Further, upon charge back, Heavy Blade reserves the right to close your account without notice and ban you and any of your proxies from participating in further site usage.
Any employee or contractor of a professional team--including its athletes--whose sport is supported by Heavy Blade’s Prize Contests, are ineligible to participate in a Prize Contest.
Heavy Blade employees are ineligible to participate in Prize Contests. Immediate family members of employees of Heavy Blade are ineligible to participate in Prize Contests. Immediate family members are defined as spouses, siblings, in-laws, parents, grandparents, offspring, and/or domestic partners.
Heavy Blade’s ability to communicate with you is important. As a part of your registration and/or participation in our Services, you agree to receive certain communications from us. You may opt-out of these communications through the Service’s unsubscribe functions and/or by using the Service’s customer service portal. Even if you opt-out, we may still need to communicate with you from time to time via email to the extent permitted by applicable law.
PRIZE CONTEST ENTRY
When you visit Service and view the Prize Contests available for entry, each individual Contest has an entry fee listed. If you choose to participate in a Contest, the listed amount will be deducted from your Heavy Blade account.
The products offered by the Service are designed to be used by active participants who will manage their teams to the best of their ability throughout the Term of the season, including the draft. Failing to actively manage your team can result, in the sole discretion of Heavy Blade, in the forfeiture of your team, the use of a replacement team manager, locking all transactions, freezing the roster, and/or any other action Heavy Blade deems necessary to best restore the integrity of your team. Refunds will not be given. There are no perfect solutions to an inactive participant and you agree to abide by the judgement of Heavy Blade.
Your use of the Service constitutes an understanding that some participants will stop managing their team; and your acceptance of the results. Heavy Blade is not responsible for abandoned teams and cannot manage them.
At the sole discretion of Heavy Blade, if you are believed to be purposely losing, you are undermining the integrity of the game, and you will forfeit your team without refund.
Heavy Blade is not responsible for your mistakes through the use of the Service. You should be absolutely certain of all actions taken when using the Service. This can include, but is not limited to, drafting players, bidding on free agents, and setting lineups. Your interactions with the Service are your own, and as such, Heavy Blade will not undo, modify, or alter your interactions with the Service.
DISQUALIFICATION AND CANCELLATION
Heavy Blade reserves the right to cancel contests, in our sole discretion, without any restrictions.
Heavy Blade, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Heavy Blade deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users.
Improper conduct includes those items noted in the Conduct of these Terms, but is not limited to those items. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Heavy Blade from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned due to the conduct of a user, Heavy Blade reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification may be posted through the Service.
The failure of Heavy Blade to fulfill any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Heavy Blade (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Each year all winners who have won $600 or more over the previous year will be asked to provide an updated address and social security details to Heavy Blade. These details will be used to allow Heavy Blade to fulfill requirements regarding tax regulations and may be shared with appropriate tax authorities. You, not Heavy Blade, are responsible for filing and paying applicable state and federal taxes on any winnings. Heavy Blade does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
When using the Service, you consent to Heavy Blade’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with marketing and promotion, unless otherwise prohibited by law. Heavy Blade and its business partners reserve the right to make public remarks about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that Heavy Blade may announce any winner's name on-air or on any of its Services or any other location at any time in connection with the marketing and promotion of Heavy Blade or other Services operated by Heavy Blade. You agree that participation in and (where applicable) the winning of a prize in connection with use of the Service constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions to fulfill these obligations. In some instances Heavy Blade may require a written signature on a separate publicity waiver.
From time to time, Heavy Blade will offer promotions, coupons, discounts or other marketing incentives. These offers have an expiration date and will be invalidated after the expiration date. Offers are not “stackable” and are limited to one per account. Offers have no cash value.
CONTEST OF SKILL
Heavy Blade offers contests of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to avoid scoring the fewest points in their league in any given week. Fantasy points are accumulated through the real life performance of individual athletes in sports events. Contest rules, entry fees, and other elements may differ from contest to contest. The specific rules of each contest are set forth in the contest’s official rules, which are made available to you prior to joining the contest. You are responsible for reviewing the rules prior to joining a contest. Heavy Blade reserves the right, at its sole discretion, to cancel, extend, modify or suspend contests without restriction.
Heavy Blade offers “season-long” contests in conjunction with professional sports events spanning most or all of a single season. Players acknowledge and accept that the length of the official NFL regular season is out of Heavy Blade’s control. A season that reaches eight weeks of play is considered a valid season, even if it is delayed, shortened or aborted. In the event that a season is paused, delayed, or suspended, the eight weeks of play do not need to be contiguous.
Any season that fails to reach eight weeks of play will be considered an invalid season, and entry fees will be refunded in the form of a balance to your account, at which point the funds are available for you to use as described in these Terms.
In the event of a NFL season that reaches eight weeks but does not reach 16 weeks, the remaining teams are ordered by the most season-to-date points scored. Eliminated teams are not eligible. If there is a tie for season-to-date points among remaining teams, the tiebreaker is awarded to the team that scored the most points in the most recently-completed week (hereafter called the "previous week"). In the very unlikely event of a tie in the previous week, the week prior to the previous week is used. Tiebreaker determination continues in this format, examining each preceding week, one at a time, until ties are resolved.
In the event a professional sporting league chooses to delay, shorten, lengthen, modify, abort, or cancel its season, Heavy Blade reserves the unilateral right to modify, extend, suspend, and/or cancel contests if it believes that it will not be able to offer the contest as originally intended. This includes the right to determine winners. Its actions are final and binding.
No refunds shall be offered or granted if Heavy Blade contest formats are amended to fit within a NFL season.
For each Prize Contest, the eligible players who meet the winning conditions listed in the contest details will win prizes. Entry fees and prizes are listed in advance on the contest page. Prizes are added to the winning players’ account balance.
Scoring calculations are made at the time when statistical results are tabulated by Heavy Blade. Due to the nature of the Guillotine League format, results will not be changed if/when official adjustments happen. We reserve the right to correct errors or irregularities in the transmission of information to us from our stats provider. We reserve the right to fix errors or bugs in our calculations. We reserve the right to reverse payments in the event of a correction. You agree to cooperate with any effort to reverse a payment.
In the event of a dispute arising from determination of Prize Contest winners, Heavy Blade is the sole judge and its actions are final and binding.
No transfer or substitution of a prize is permitted. If any legal authority challenges the standing of a prize winner, Heavy Blade reserves the right, in its sole discretion, to award the prize or not.
Your winnings from Prize Contests on the Service are deposited into your account. You can use the funds to participate in other contests or you can withdraw your funds at any time. Approved withdrawal requests will be fulfilled via a variety of methods which may include automated clearing house (ACH) and/or paper check. Differing fulfillment methods may have different costs and time frames associated with them. You agree that Heavy Blade has fulfilled its payment obligations even if there are delays outside of its control.
Your ability to withdraw funds can be suspended if your account is under review for unlawful conduct, breaking these Terms, failure to provide tax reporting paperwork, or other events in the sole discretion of Heavy Blade.
Upon withdrawal of funds, you may be asked to verify your identity. This action is for your own protection as we attempt to prevent unauthorized transactions from your account. These requests can include your tax ID number, social security number, drivers licence image, passport, or other documentation that can validate your identity. Heavy Blade may also ask personal background questions to validate your identity.
If you cannot or will not provide identification verification to the satisfaction of Heavy Blade and/or its third-party service providers, Heavy Blade reserves the right to deny your withdrawal request until such a time as your identity can be verified.
REFUND POLICY - PAID CONTESTS
You may request a refund of the entry fee in a Paid Contest any time before the final team in your Paid Contest has registered for a draft date. For example, in a Paid Contest with 18 participants, you can request a refund any time before the 18th participant joins. No refunds will be granted after the final team has registered. If you do not show up for your draft date you will not receive a refund.
REFUND POLICY - PRIVATE LEAGUES
You may request a refund for a Private League any time before the second week of that season’s Term. For example, in an NFL season, you can request a refund any time before the start of Week 2.
We understand the importance of customer confidence with regard to prizes and payouts. Heavy Blade customer deposits and player winnings are held in a separate segregated bank account. This segregated account was established and is held for the benefit and protection of authorized Heavy Blade players. Player withdrawals will be made from this segregated account. Funds in this segregated account do not belong to Heavy Blade, nor are the funds available to creditors, except for players whose funds are held in such accounts. Heavy Blade is forbidden to commingle funds from this segregated account with the Heavy Blade daily operations account.
Winners will generally be posted on the Service after the conclusion of each contest. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement could result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: Heavy Blade, Inc., 3500 Vicksburg Lane North #400-309, Plymouth, MN 55447.
Heavy Blade utilizes third-parties to provide statistics for its contests and leagues. Heavy Blade considers its statistics providers as the official source of the contest’s data. Because of the nature of guillotine leagues, Heavy Blade does not recognize statistical corrections made after each weekly elimination is made.
The following actions are considered improper conduct and may result in the suspension or termination of your account, withholding or revocation of the awarding of any prizes, and/or the forfeiture of funds in your account balance:
- Abuse, harassment, impersonation, intimidation or threatening Heavy Blade users, employees or representatives;
- Posting or transmitting anything that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- Posting or transmitting any communication or solicitation designed or intended to obtain password, account, or private information from any Heavy Blade user;
- Posting, emailing, transmitting, uploading, or otherwise making available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Using the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws with regard to Heavy Blade or any third party.
- Creating or submitting unwanted email ("Spam") to any other Heavy Blade users;
- Creating a false identity, impersonating another person, or otherwise falsifying personal information required to use the Service;
- Submitting comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- Use of any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission;
- Taking any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfering or attempting to interfere with the proper working of the Service or any activities conducted on the Service;
- Bypassing any measures we may use to prevent or restrict access to the Service;
- Using artificial means, including creating multiple you accounts, to inflate your position and standing with the Heavy Blade leader boards and community;
- Using unauthorized scripts; all authorized scripts will be made available through the Service prior to contest entry;
- Advertising to, or soliciting, any products or Services, or using any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
- Selling or otherwise transferring your profile;
- Attempting to influence the play in any sporting event from which athletes are available for selection in Heavy Blade contests on Heavy Blade in which you are involved or in which you have a direct or indirect interest.
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Using a single account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Issuing a chargeback against the Company; depositing funds without the intention of using them to participate in Contests on the Service;
- Violating any Contest Rules or the Terms.
This Service offers opportunities for you to create and disseminate content. The content you originate is the sole responsibility of yourself, not Heavy Blade. Liability for your content is entirely yours, and Heavy Blade holds no responsibility whatsoever for your content.
Heavy Blade, in its sole discretion, may choose to screen, edit, delete, move, and/or refuse any of your content. You understand that you may be exposed to content you consider objectionable when you use the Service. You hold complete responsibility for the risk associated with engaging in objectionable content. Further, you recognize that content posted by others may be factually incorrect and you should apply your own judgement before taking action on any content provided from others through the Service. If you find objectionable content on the Service, notify Heavy Blade customer support.
Heavy Blade does not monitor the interactions of all users at all times. You are responsible for your interactions with others using the Service. Heavy Blade reserves the right but has no obligation to monitor disputes between you and other yous.
When you submit content to the Service, you are granting Heavy Blade a perpetual, worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive license to use, distribute, publish, and publicly display your content and to incorporate it into other works, in any format or medium now known or later developed.
You are not allowed to use any virtual private networks (VPSs) or other location spoofing techniques to bypass restrictions while using the Services. If you attempt to use the Service using these techniques, violating the Terms, Heavy Blade has the right to automatically block your use of the Service. Violation of these Terms may also result in the termination or suspension of your account. Heavy Blade reserves the right to seek damages and other remedies to the fullest extent permitted by law.
You understand and agree that your use of the Service is at your own risk. The Service and content is provided without any warranties of any kind, either express or implied, including without limitation, implied warranties. You acknowledge that Heavy Blade has no control over how you are able to access the Service, the effects of the Service on you, and how you use the content provided by the Service.
You release Heavy Blade from all liability for content from the Service you have utilized. The Service may contain, or direct you to other sites, applications, or resources containing information that some people may find offensive or inappropriate. Heavy Blade makes no representations concerning any content contained in or accessed through the Service, and Heavy Blade will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE CONSTITUTES AN UNDERSTANDING AND AGREEMENT THAT HEAVY BLADE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVE (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICE, ITS CONTENT, YOUR CONTENT, OR YOUR UPLOADED INFORMATION; (2) THE PERFORMANCE OF, INABILITY TO USE, OR NON-PERFORMANCE OF THE WEBSITE; (3) ACTIONS TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE AND/OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN INACTION, AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, FORCE MAJURE, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, AND WE’RE NOT EVEN SURE HOW OUR SERVICE COULD POSSIBLY RESULT IN PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED US DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS WHOLLY AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOUR USE OF THE SERVICE IS A RECOGNITION THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS BENEFIT WITH, OF ANY RESPECT LAW,
INTELLECTUAL PROPERTY RIGHTS
Heavy Blade owns or is in the process of registering trademarks for its services. These trademarks and their associated graphics and logos may not be used without the prior written consent of Heavy Blade. Trademarks, graphics, logos and products used by external sites, applications and resources are the property of their respective owners.
You agree that these Terms are between you and Heavy Blade and further agree that Apple and Google, and their entities, are not party to these Terms. Heavy Blade is responsible for the app and it’s content. You agree to only run the iOS app on an Apple device that runs iOS and the Android app only on a device that uses the Android operating system.
You agree to any Apple or Google Terms of Service by using their operating systems and that maintenance and support services for the app will be provided by Heavy Blade. You also agree that Apple and Google are not responsible for product or liability claims, legal, regulatory, consumer protection or other similar claims.
If any version of the app fails to conform to any warranty that has not been disclaimed in these Terms you may notify Apple or Google who will then follow their Terms of Service with regard to your claim. Any other claims, as provided by these Terms, will be the responsibility of Heavy Blade.
Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms. Your acceptance of the Terms, gives Apple or Google the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of these Terms.
With your compliance with these Terms, Heavy Blade grants you a limited non-exclusive, non-transferable license to download and install a copy of the Guillotine League app onto a device that you control solely for your own personal use. Heavy Blade reserves all rights in and to the app not expressly granted to you under these Terms.
Once downloaded, you agree to promptly download and install any new versions that we make available. Whether disclosed or not, new versions may contain updated Terms, security fixes, and Service improvements. Failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
The Service or providers for the Service may provide links to other external sites, applications or resources. By using the Service, you agree that Heavy Blade does not have control over these external sites, applications or resources, including content, advertising and products. If you directly or indirectly suffer any damage or loss caused by these external sites, applications or resources you agree that HeavyBlad is not responsible or liable.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
In the event of any dispute, claim, question, or disagreement, your first point of contact with Heavy Blade will be through its customer service department, which resolves most concerns. You agree to engage in good faith negotiations with the customer service department before initiating any lawsuit or arbitration.
After no less than 30 days from initiating the Initial Dispute Resolution process, if the parties have not reached an agreement, either party may initiate binding arbitration as the sole means to resolve claims. Any claims related to your use of this Service, it’s Terms (including their performance, formation, and/or breach of Terms), and your relationship with Heavy Blade, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”).
Exclusively, the arbitrator, and not any federal, state or local court shall have authority to resolve all disputes, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law. The arbitrator’s award shall be written and binding and will be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed by calling the AAA at 800-778-7879 or at www.adr.org. You understand and agree that absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand and agree that, in some instances, the costs of arbitration can exceed the costs of litigation. Also, the right to discovery may be more limited in arbitration than in court.
30-Day Right to Opt-Out
If you choose to opt-out of the arbitration and class action waiver provisions set forth above, send written notice of your decision to opt-out to the following address: Heavy Blade, Inc., 16685 32nd Avenue North, Plymouth, MN 55447. The notice must be postmarked within 30 days of your first use of the Service. If not, your use of the Service constitutes an agreement to be bound to the arbitration terms set forth in this document. If you opt-out of these arbitration provisions, Heavy Blade also will not be bound by them.
IMPLIED ENDORSEMENTS, SPONSORSHIPS
Any sporting association, player, league, or union that may appear on Heavy Blade Services do not construe an endorsement or sponsorship.
INACTIVE ACCOUNT POLICY
If your account has been inactive, meaning you have not made a deposit or withdrawal for two years, your account will be assessed a monthly $5 inactivity fee. Inactive accounts will be automatically activated any time a purchase or withdrawal occurs, and the two-year window is reset. You will be sent email notification no less than two times in advance of the first inactivity fee.
WAIVER AND SEVERABILITY OF TERMS
The failure of Heavy Blade to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Actions or inaction taken by Heavy Blade regarding any dispute or claim does not waive Heavy Blade’s right to respond to subsequent situations, regardless of similarity, with action or inaction.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law that any claim made relating to the Service or the Terms must be filed within one (1) year after the event causing the claim. Any claim made after one (1) year will not be valid.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Residents of the following states are unable to participate in Guillotine Leagues:
- New Hampshire
- New Jersey
- New York