Terms of Service
Last Updated and Effective Date – November 2, 2023
BE AWARE THAT THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY WITH AN EXCLUSIVE REMEDY, A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THESE TERMS CAREFULLY. BY CONTINUING TO USE OUR SERVICES YOU ARE AGREEING TO THESE TERMS.
This is a Legal Agreement.
These Terms of Service (the “Terms'') are a legal agreement between you and Premier Lacrosse League, Inc. and its affiliates, related businesses and/or business names, including PLL Academy, Unleashed, PLL Assists, and The Lacrosse Network (collectively, “PLL”, “we” or “us”) governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the “Services”). Services include, without limitation, (i) services available on premierlacrosseleague.com, such as: PLL Academy, Unleashed, and other affiliated youth programs, (ii) pllassists.org (ii) shop.premierlacrosseleague.com (the “PLL Store”), shop.thelacrossenetwork.com (the “TLN Store”), and (iv) services available on the PLL mobile application (via PLL App), including Fantasy Lacrosse and PLL Nation.
Please read the Terms carefully before using the Services. You may wish to print a copy of these Terms or save them to your device for future reference. Your use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not use the Services if you do not accept the Terms. We may modify the Services or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications.
Shopify, Inc. and/or a successor or permitted assign of Shopify, Inc. (“Shopify”) operates portions of the Services, and you agree that Shopify, its successors and permitted assigns, and its affiliates are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries hereof.
You may use the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database, or directory, is prohibited absent our express prior written consent.
Prohibited Content and Activities.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Use or attempt to use another’s information, account, password, service, or system except as expressly permitted;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
Certain PLL digital services may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features, including but not limited to PLL Nation, your account, profile, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features").
Any Submitted Content, submitted by any means including, without limitation, via upload, e-mail, DM and/or posted comment, shall be subject to our Exclusive Content License and Submission Policy. Please visit and review this Policy carefully. If you do not agree to the terms of this Policy then you are prohibited from submitting any Submitted Content.
By transmitting your Submitted Content you grant, and represent and warrant that you have the right to grant, to PLL a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The PLL digital services may also offer opportunities for you to transmit Submitted Content via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features is subject to the then current terms of service of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
PLL and its third party providers (“Vendors”, including without limitation, Shopify) do not monitor, endorse, edit or screen your Submitted Content, although PLL and its Vendors reserve the right to do so, and neither PLL nor its Vendors shall be liable for your Submitted Content. You agree that you will not submit any offensive, inappropriate or illegal content. You acknowledge that your Submitted Content is not confidential, and your Submitted Content may be read, intercepted by others and widely accessible on the Internet and via other interactive media, and you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and PLL or between you and PLL’s Vendors other than as expressly set forth in this Agreement. You acknowledge that PLL is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or you have all necessary rights in it to submit it to PLL under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If PLL determines, in PLL’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, PLL reserves the right to (a) refuse to allow you to upload or otherwise transmit Submitted Content; (b) remove and delete your Submitted Content; (c) revoke your right to use any Community Features or other PLL digital services; and/or (d) use any technological, legal, operational or other means available to PLL to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on any PLL digital service.
You are solely responsible for your interactions with other users of the PLL digital services, if applicable. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Votes, Contests and Sweepstakes.
The Services may offer you opportunities to vote in connection with certain events including, but not limited to, All-Star Game voting, promotional offers, and also to enter contests and sweepstakes. By casting a vote, accepting promotional offers, or entering contests or sweepstakes, you agree to all additional terms and conditions set forth on the Services applicable to the balloting, offers, contest, or sweepstakes, as well as to the terms set forth in these Terms of Service.
Access to the Services.
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video, or access to high-quality video, may be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services or unless you complete any necessary payment or subscription fee, as applicable. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services, subject to the Change or Termination section of this Agreement.
Registration for Certain Services.
You may be asked to register for certain activities in connection with the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. The PLL has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.
All content, information, computer code, software, and any other materials that are part of the Services other than your Submitted Content (collectively, the “PLL Content”) is the property of the PLL or third parties. You may access, use, and display the Services and print copies of the PLL Content only for legal, non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
- Copyright and Other Intellectual Property Rights. Certain of the PLL Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by the PLL or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the PLL Content. To obtain written consent to use a copyrighted work, please contact us using the information in the Contact Information section below. Copying or downloading PLL Content other than as stated above is a violation of these Terms.
- Trade and Service Marks. You acknowledge and agree that (i) Premier Lacrosse League, PLL and the PLL logo, TLN and the TLN Logo, PLL Academy and the PLL Academy logo, Unleashed and the Unleashed logo, PLL Assists and the PLL Assists logo, each of the PLL teams’ names, logos, and slogans, and various other marks used by PLL and/or its businesses are registered trademarks of the Premier Lacrosse League (collectively “PLL Marks”); and (ii) all such marks as well as other proprietary materials depicted in connection with the Services and the PLL Content are the property of the PLL or are licensed to the PLL and may not be used commercially without the prior written consent of Premier Lacrosse League, Inc. or its designee, which may be requested via the contact information provided in the Contact Information section below.
- Notice of Infringement. The PLL respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes infringement of your rights, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The PLL’s designated agent for notice of claims of copyright is:
Premier Lacrosse League, Inc.
Attn: Legal Department
286 Madison Avenue, Suite 1705
New York, NY 10016
- Embedding Content. The Services may allow you to embed PLL Content into other web pages. Any use of permissibly embedded PLL Content must be for non-commercial purposes only, and may be disabled by the PLL at any time and for any reason or for no reason at all. Prohibited commercial uses include, without limitation, any of the following actions taken without the express approval of the PLL:
- Selling access to embedded PLL Content on another website;
- Using embedded PLL Content for the purpose of gaining advertising, subscription, or other revenue;
- Creating a website that does nothing more than aggregate a collection of embedded PLL Content and trying to generate ad revenue from it;
- Using embedded PLL Content that the PLL finds, in its sole discretion, competes with or displaces the Services.
- Embedding Content. The Services may allow you to embed PLL Content into other web pages. Any use of permissibly embedded PLL Content must be for non-commercial purposes only, and may be disabled by the PLL at any time and for any reason or for no reason at all. Prohibited commercial uses include, without limitation, any of the following actions taken without the express approval of the PLL:
You must not establish a link to our Services in any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services. Prohibited commercial uses do not include using embedded PLL Content to show videos on an ad-enabled blog or fan website, provided the embedded PLL Content is not used to gain advertising revenue or compete with the Services.
We may provide certain content, such as graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Services ("Modular Content"). To the extent that we make Modular Content available, you agree to use it responsibly and in accordance with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure our branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us in writing; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, political, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, the prohibited uses of Modular Content described above, or no reason; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on an as-is, voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to this Agreement.
Mobile Content & Text Message Campaigns
By consenting to text (SMS) marketing by the Premier Lacrosse League, either by opting in via our subscription tools or, if applicable, via our checkout page you agree to receive recurring text notifications (including, if applicable, abandoned shopping cart notifications), text marketing offers, and transactional texts, including requests for reviews from us. If making a purchase, consent to SMS messaging is not a requirement. Message and data rates may apply. Without limiting the scope of any of our programs, PLL runs the following SMS campaigns:
- Merchandise: Subscribers to this program will receive weekly updates on product sales, new merchandise releases, product re-stocks, and transaction related information.
- Tickets: Subscribers will receive no more than 5 messages about ticket offers in the weeks leading up to when the PLL is within that subscriber’s market.
- Weekly Fantasy: Subscribing fantasy lacrosse players will receive weekly reminders throughout the season, including to set fantasy lineups before the first faceoff.
- ESPN+: SMS subscribers will receive 1-month ESPN+ gift offers no more than two times per year.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
For any questions, please text HELP to the number you received the messages from.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to an outdated telephone number or short code, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We may revise, modify, or amend these Premier Lacrosse League SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to PLL’s website. You agree to review these Premier Lacrosse League SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive PLL text messages will indicate your acceptance of those changes.
Linking to our Services.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice.
Change or Termination.
The PLL may change or terminate these Terms for any reason at any time, for example to reflect changes in laws or regulatory requirements. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. The PLL also reserves the right to modify the price of any Services or any other products offered via the Services. The PLL is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in PLL’s sole discretion.
Otherwise applicable sections of these Terms shall survive termination. The PLL also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the PLL Content.
In addition, because the license you grant to us in Submitted Content is perpetual, termination of this Agreement does not terminate our license to use Submitted Content as described elsewhere in this Agreement.
PLL Store on Premierlacrosseleague.com
- The PLL Store available online at shop.premierlacrosseleague.com (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by one or more independent merchandise vendors..
- By placing an order on the Store, you agree to pay PLL all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the PLL, or your credit card issuer. PLL or its designee may bill your credit card at the time Merchandise is ordered. PLL may, in its sole discretion, decline service to, or terminate your Store account without notice.
- PLL reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
- You may have the option to customize certain Merchandise ordered through the Store (e.g., jerseys). Illegal, offensive, or otherwise inappropriate personalized content is strictly prohibited. The PLL or its designee reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise for any reason.
- While we generally do not accept returns, we do offer a refund and replacement policy under certain circumstances. Please review this policy at https://shop.premierlacrosseleague.com/pages/exchange-refund-policy.
- Questions relating to the Store, Merchandise, and its fulfillment should be directed to the PLL by emailing to email@example.com.
Statistics may be made available through certain services, including statistics generated and/or calculated by the PLL or a third party using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with League games, competitions, or events (collectively, “PLL Statistics”). By using such PLL Statistics, you agree that: (i) any use, display, or publication of the PLL Statistics shall include a prominent attribution to premierlacrosseleague.com in connection with such use, display, or publication; (ii) the PLL Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes; (iii) the PLL Statistics may not be used in connection with any sponsorship or commercial identification; (iv) the PLL Statistics may not be used in connection with any gambling activity (including legal gambling activity); (v) the PLL Statistics may not be used in connection with any fantasy game or other commercial product or service; (vi) the PLL Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any PLL game; and (vii) the PLL Statistics may not be used in connection with any website, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from PLL games, competitions, or events without the PLL’s express prior consent.
We provide PLL Statistics, if at all, on an as-is, voluntary basis. We expressly disclaim any obligation to provide or update the PLL Statistics or to ensure their accuracy.
Links and Third-Party Content.
The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by the PLL. Such links do not constitute an endorsement by the PLL of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of service of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content (collectively, “Third-Party Materials”) either independently or in connection with various programs, features, or functions available through the Services. Your use of Third-Party Materials may be subject to terms of service other than these Terms and as may be set forth by third party providers, as applicable. You agree and acknowledge that the PLL assumes no liability with respect to your use of such Third-Party Materials whether you are aware of their use or not and whether or not the use of such Third-Party Materials is endorsed or recommended by the PLL.
Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services and all aspects therein and thereof, and such further limitations as may be set forth in any written, on-screen notice or other notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE PLL. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PLL CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. THE PLL DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY PLL CONTENT OR ANY SUBMITTED CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY SUBMITTED CONTENT OR PLL CONTENT. THE PLL MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE PLL SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Exclusive Remedy and Limitation of Liability.
UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) WILL THE PLL, AFFILIATES, SPONSORS, PARTNERS, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PLL CONTENT OR SUBMITTED CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PLL’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend PLL, its affiliates, sponsors, partners, licensors, and any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your Submitted Content, and your use of any PLL Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the PLL. These obligations will survive any termination of these Terms.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Assignment and Binding Effects.
You may not assign these Terms or any rights or obligations herein without the prior written consent of the PLL and any attempted assignment in contravention of this provision is null and void and of no force or effect. The PLL has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
You acknowledge and agree that any violation of these Terms of Service relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the Services and/or its associated services and/or offerings may result in irreparable injury and damage to the PLL, and/or its affiliates, that may not be adequately compensable in money damages, and for which the PLL, and/or its affiliates, will have no adequate remedy at law. You, therefore, consent and agree that the PLL, and/or its affiliates, may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Service. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.
Governing Law, Binding Arbitration, Class Action Waiver, Location, and Time Period for Bringing Notice of Claim.
These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
BY AGREEING TO THESE TERMS, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. You agree that the PLL may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration.
WAIVER OF CLASS ACTION: ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE PLL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide PLL with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
United States Jurisdiction.
The Services are available to access out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some cases, will be available) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws and regulations, including without limitation, local tax laws, if and to the extent local laws are applicable to your use of the Services.
Separate Terms and Conditions.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. If you do not agree to the terms, do not use the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
State-Specific Notices for Consumers.
- Under California Civil Code Section 1789.3, California users of the Services 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 Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- With respect to the sale of certain merchandise or auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2019):
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
- With respect to the sale of certain Merchandise or Auctions, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2021):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS ($25.00) OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
The certificates referenced above will be provided in the form of a certificate of authenticity, a unique hologram affixed to the item itself, or a letter from the PLL.
No Professional Advice.
Any information supplied by any of our employees, consultant, or agents, whether by telephone, e-mail, letter, or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including economic loss, injury, illness, or death.
These Terms constitute the entire agreement between the PLL and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. PLL in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your use of the Services after such amended Terms are posted will constitute acceptance of them by you. PLL may be required to notify you of certain events concerning the Services and your use thereof, and your use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For purposes of this Agreement, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive (e.g., for a list of two alternatives, "or" means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (d) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections and schedules mean the sections of, the schedules referenced and this Agreement; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.
At our option, we may give additional notices to users of the Services by posting a message on the Service, by electronic mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by conventional mail with an electronic copy sent to firstname.lastname@example.org. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
Please direct any questions, complaints, or claims related to the Services or your use of the Services to email@example.com and select “Terms of Service” as the subject line. For requests to use a copyrighted work or trade or service mark right, please select “Trademark and Copyright Requests” as the subject line.
You can also contact us at:
Premier Lacrosse League, Inc.
Attn: Legal Department
530 7th Avenue, Suite 2801
New York, NY 10016
Acceptance of Terms of Service.
BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree to these Terms, you must not use any of the Services. PLL may change the terms of this Agreement at any time, and your use of Services after such change is posted will mean that you accept such change.