Date of Last Revision: August 26th, 2025
These terms and conditions govern your use of our services. Please read them carefully.
THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY THESE TERMS.
IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE "BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" – SEE SECTION 19 OF THESE TERMS, BELOW. OPT-OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 19, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
Fanstake, Inc. ("Fanstake") is a digital platform which assembles team-specific fanbases and establishes direct relationships with athletes who enter into name, image and likeness endorsement contracts (each a "NIL Contract") with Fanstake and/or other Third-Party Brands.
These Terms of Service and the Arbitration Agreement (see Section 19) outline the terms and conditions governing your use of Fanstake's website available at https://www.fanstake.com ("Website") or its mobile application, to the extent that we may offer a mobile application ("App", together with the Website, the "Platform"). Your use of the Platform, and the Services, as defined below, are subject to your compliance with these terms and conditions of service (the "Terms"), which incorporate and include the Fanstake Privacy Policy available at https://fanstake.com/privacy-policy , the additional terms and conditions and rules set forth in Section 22 of these Terms, and any other policies that expressly incorporate these Terms (collectively, "Incorporated Policies"). Please carefully read these Terms, including the Incorporated Policies, before you use the Services or access the Platform. If you do not agree to these Terms, you must not use any part of the Platform.
We may update or amend these Terms, including the Incorporated Policies, from time to time without notice to you by posting a revised version of the Terms or Incorporated Policies in the footer of our Website or within our App. Any changes will be effective prospectively as of the date noted when the updated Terms or Incorporated Policies are posted. It is your responsibility to periodically review these Terms and the Incorporated Policies in case of any such updates or amendments. Your continued use of the Services or Platform will constitute an agreement to any revised or updated Terms or Incorporated Policies. If you do not agree to any updates or amendments, you must stop using the Services.
If there is a conflict between these Terms and the Incorporated Policies, the Incorporated Policies will control, except in the event of a conflict between these Terms and/or Incorporated Policies and the Arbitration Agreement in Section 19, the Arbitration Agreement will control.
For purposes of these Terms, our business days are Monday through Friday. Holidays are not included.
These Terms constitute a legally binding agreement between Fanstake and its subsidiaries, affiliates, agents, service providers, and assigns ("we", "our" or "us") and you ("you" or "your"). The Terms govern your use of services, products, features, functions, technologies, the Platform or content offered on the Platform or through the services, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, tablet or any other device (collectively, the "Services").
By signing up for the Service, using the Platform, or by clicking a button or checking a box marked "I Agree" (or something similar), you understand and agree to comply with these Terms, and all applicable local, state, national and international laws and regulations. You may not use the Services if you do not agree to and accept the Terms.
We may change these Terms from time to time. For example, we might change these Terms if there are changes to our Services, our technology, applicable laws, or for other reasons. If we do that, we will give you notice by posting the updated Terms on the Website or within the App. Any changes will become effective immediately after they are posted and will apply to your use of our Services after the changes become effective, except that changes addressing modifications to our Services or new functions or changes made for legal reasons may be effective immediately, with or without notice to you. Your continued use of our Services after these Terms have changed means that you accept those changes. If you do not agree to any changes, your only recourse is to stop using our Services. We may discontinue, temporarily or permanently, our Services or any part of our Services, or otherwise change our Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.
You may use the Services only if you can form a binding contract with us. You must be eighteen (18) years or older and a resident of the United States in order to create an account with Fanstake ("Account"). You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services are not available to any person previously removed from the Services for any reason. Fanstake reserves the right to deny the Services to any person for any reason in its sole discretion to the full extent permitted under applicable law.
When you create an Account, you may be required to pick a username, password, and/or other access credentials. Registration data and certain other information about you are governed by our Privacy Policy. You are solely responsible for the use of the Services under your Account, for maintaining the confidentiality of your Account and access credentials, and for restricting access to your computer and any other devices you use to access your Account, and you agree to accept responsibility for all activities that occur under your Account or access credentials. You may not assign or otherwise transfer your Account to any other person. You acknowledge that we are not responsible for third-party access to your Account, including access that results from theft or misappropriation of your Account or access credentials. We reserve the right, in our sole discretion, to refuse or cancel Services or terminate Accounts. You agree to (a) provide us with complete, accurate and up-to-date information for your Account and you agree to update such information and keep it accurate, complete and up-to-date; if you don't, we might have to suspend or terminate your Account; (b) immediately notify us of any unauthorized use of your access credentials or Account or any other breach of security; and (c) ensure that you exit from your Account at the end of each session when accessing our Services. We will not be liable for any loss or damage arising from your failure to comply with this Section 4.
We may offer our Services via a mobile device, including the ability to access certain features through the App (collectively, the "Mobile Services"). To the extent you access our Services or send or receive any communications with us through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using our Mobile Services, you agree that we may communicate by electronic means to your mobile device and, as a result, that certain information about your usage of our Mobile Services may be communicated to us.
Subject to your compliance with these Terms, Fanstake grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Fanstake reserves all rights in and to the App not expressly granted to you under these Terms.
The App and other Software (defined in Section 11) may be made available through the Apple, Inc. ("Apple") App Store, Android Marketplace or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you use any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
If the Software is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
The following applies to the App if you acquire it from the Google Play Store ("Google-Sourced Software"):
The Platform allows you to purchase a "Stake" from Fanstake. A Stake is a service commitment by Fanstake to pursue the recruitment of an athlete you select to join a particular college athletic program for a certain season, with the eventual goal of Fanstake entering into an NIL Contract with the athlete. Stakes do not represent interests of any kind in Fanstake, its assets, or any NIL Contract. Fanstake is a for-profit company and your purchase of a Stake is not tax-deductible as a charitable contribution. A Stake is simply a commitment by Fanstake to provide a service. Once you purchase a Stake, you are not permitted to withdraw or modify your Stake.
If the athlete you selected ("Selected Athlete") selects the school associated with your Stake by making a public announcement of their school choice or otherwise notifying Fanstake of their choice ("Formal School Selection"), Fanstake will endeavor to enter into an NIL Contract with the Selected Athlete to endorse Fanstake.
Fanstake, in its sole discretion, will determine and establish the value of the NIL Contract, including the dollar amount and other incentives offered to the Selected Athlete. Any payments and other obligations owed to a Selected Athlete under the NIL Contract are owed solely by Fanstake.
Fanstake, in exchange for executing a NIL Contract with a Selected Athlete, may retain a commission based on a percentage of the total value of Stakes paid to the Selected Athlete, as determined by Fanstake in its sole discretion.
If the Selected Athlete does not choose the school associated with your Stake, Fanstake will credit the full Staked amount to your Account within ten (10) days of the Selected Athlete's Formal School Selection. You can apply the credited amount to another Stake associated with another Selected Athlete.
If the Selected Athlete selects the school associated with your Stake but chooses not to enter into an NIL Contract with Fanstake, Fanstake will still credit the full Staked amount to your Account within ten (10) days of the latter of: 1) the Selected Athlete's rejection of the NIL Contract or 2) Fanstake's determination that the Selected Athlete will not enter into an NIL Contract. You will be notified of these events, as applicable, on your Fanstake dashboard. You can apply the credited amount to another Stake associated with another Selected Athlete.
All Stakes represent purchases from Fanstake and are final and non-refundable. This ensures that Selected Athletes have a clear understanding of the total value of the Stakes associated with specific schools when making their school selection, helping maintain the integrity of the Stake process and providing athletes with the assurance they need to make informed decisions.
Although Stakes are final and non-refundable, when a Selected Athlete chooses a school that is not associated with your Stake or if Fanstake is not able to engage the Selected Athlete in an NIL Contract, the Staked amount will be credited to your Account as set forth above.
Subject to Fanstake's approval, you may request a refund of your Platform credits, subject to a third-party processing fee (approximately 6%), which will be withheld from the refund, by contacting support@fanstake.com . Refunds can only be sent back to the original payment method used when purchasing the Stake.
Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that we and any third-party service providing payment processing services may store and use your payment information and method provided, if any. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. You agree to reimburse us for all collection costs and interest for any overdue amounts.
To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the applicable tax laws. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.
Below are examples of the kind of use that is illegal or prohibited ("Prohibited Activities"). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section, including suspending or terminating Accounts of such violators, and reporting such violators to law enforcement authorities. You agree to not use our Services to:
Software available in connection with our Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from our Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using our Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all domestic and foreign laws regarding your use of our Services.
You acknowledge and agree that our Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform, our Services or the Services Content, in whole or in part. In connection with your use of our Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Platform. our Services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying our Services or distributed in connection with our Services are the property of Fanstake, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us. Our respective names and logos are our trademarks and service marks (collectively, the "Trademarks"). Other product and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms, any Additional Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on our Services, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit.
Under no circumstances will we be liable in any way for any materials of any third parties, including for any errors or omissions in any third-party's material, or for any loss or damage of any kind incurred as a result of the use of any third party's material. From time to time, the Services may contain references or links to third-party materials not controlled by Fanstake or its suppliers or licensors. Fanstake provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Fanstake ("Feedback") to Fanstake. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Fanstake is free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information, and you are not entitled to any compensation or reimbursement of any kind from Fanstake under any circumstances relating to such Feedback.
Our Services may provide, or third parties may provide, links or other access to third-party websites, materials, or information that are not owned or controlled by us. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
Our Services may provide, or third parties may provide, links or other access to third-party websites, materials, or information that are not owned or controlled by us. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify, and hold us, as well as parties involved in creating, producing, or delivering the Services, and any of Fanstake's or the aforementioned parties' affiliates, subsidiaries, agents, employees, officers, directors, shareholders, consultants, suppliers, advertisers, payment service providers, partners, and contractors ("Released Parties") harmless from any and all third-party losses, damages, judgments, settlements, fines, penalties, fees, costs and expenses, including reasonable attorneys' fees, claims, actions of any kind, proceedings, and injury (including death) arising out of or relating to your use of our Services, any Services Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your use of our services is at your sole risk. Our services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that our services will meet your requirements, that our services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of our services will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through our services will meet your expectations.
You expressly understand and agree that the Released Parties will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use our services; (b) the cost of services purchased or obtained, or messages received or transactions entered into through or from our services; (c) unauthorized access to, or alteration of, your transmissions or data; (d) statements or conduct of any third party on our services; or (e) any other matter relating to our services. In no event will the Released Parties' total liability to you for all damages, losses, or causes of action exceed the amount you have paid to us in the last 3 months or, if greater, $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of our services or with these terms, your sole and exclusive remedy is to discontinue use of our services.
You agree that we, in our sole discretion, may suspend, restrict access to, or terminate your Account or use of our Services, including but not limited to canceling or suspending certain transactions, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Engaging in any suspected fraudulent, abusive, or Prohibited Activity may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our Services under any provision of these Terms may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or our Services, subject to applicable law. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Services.
Subject to the Arbitration Agreement contained in Section 19, which is governed by the Federal Arbitration Act, these Terms will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and we agree to submit to the personal and exclusive jurisdiction of the State and federal courts located within the state of Delaware. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user's satisfaction by emailing customer support at support@fanstake.com .
If such efforts prove unsuccessful, a party who intends to seek arbitration or litigation if the party has successfully opted out of arbitration pursuant to Section 19 must first send to the other a written Notice of Dispute ("Notice"). The Notice to us should be sent to legal@fanstake.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.
If you and we do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding or litigation if you have successfully opted out of arbitration. The aforementioned Notice and initial dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under the Arbitration Agreement (Section 19 below), including litigation if you have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
Regardless of whether you decide to opt out of arbitration, the terms set forth in this Section 19 Initial Dispute Resolution shall remain in full force and effect as part of these Terms.
PLEASE READ THIS BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE "ARBITRATION AGREEMENT" OR THE "AGREEMENT") CAREFULLY BECAUSE IT REQUIRES YOU AND FANSTAKE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH YOU AND FANSTAKE CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
If you reside in or access the Service at any time while located in the United States, this Section 19 (Binding Arbitration Agreement and Class Action Waiver) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms of Service.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND FANSTAKE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms where that option is made available, you confirm that you have read and accept and agree to this Agreement. Except to the extent that you may opt-out as provided below, all of your activity on the Website or Platform and all or your transactions with Fanstake, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.
You and Fanstake agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by you, your access to or use of any Platform or the Service, or to this Agreement, the Terms of Use, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a "Dispute"), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—you and Fanstake agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim's court jurisdiction.
The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or Fanstake.
You further agree and intend that this Agreement and the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. Fanstake agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Fanstake.
Notwithstanding the requirement to arbitrate in this Section 19, you and Fanstake are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a user's access to the Service as a basis to enforce this arbitration agreement as to such claims.
The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Delaware shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
Following the conclusion of the initial dispute resolution process required by Section 18, you or Fanstake may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Fanstake agree that JAMS ("JAMS") will administer the arbitration under its Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time arbitration is sought ("JAMS Rules"). The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/ .
You and Fanstake further agree:
To increase efficiency of resolution, in the event 20 or more similar arbitration demands against Fanstake, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules. Following the submission, initial presentation and resolution of briefing and motion practice contemplated on dispositive issues other than the ultimate issue of fact, to the extent claims and issues remain pending, JAMS shall group the arbitration demands into a first batch of no more than 25 demands to be set for resolution as a single arbitration. Once resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties must engage in a single mediation before a JAMS mediator of all remaining demands from claimants. Counsel for the parties must agree on a mediator within thirty (30) days after conclusion of the first batch. If the parties cannot agree on a JAMS mediator within 30 days, JAMS will appoint a JAMS mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the parties are unable to resolve their demands by mediation, JAMS shall continue to batch the remaining arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands) for administration. A single arbitration with one set of filing and administrative fees and one arbitrator will be assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as it is consistent with JAMS Rules. You agree to cooperate in good faith with the Company and JAMS to implement such a batch approach to resolution and fees and to efficiently consolidate discovery, submission of evidence, and motion practice.
By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney's fees) for either party's violation of this requirement.
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 19 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, CLICK THE FOLLOWING LINK ARBITRATION OPT OUT AND ENTER ANY DETAILS REQUESTED. REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FANSTAKE SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND FANSTAKE ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 19 ARBITRATION AGREEMENT
These Terms and any Additional Terms constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements between you and us with respect to our Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content, or third-party software.
These Terms are specific to the relationship between you and us. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given by emailing us at support@fanstake.com . We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the U.S. mail with proper postage and addressed to your mailing address associated with your Account or emailed to you at the email address we have on file for you. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
Those individual provisions that by their nature should survive in order to effectuate the purpose of these Terms shall survive any termination of these Terms.
We shall not be liable for any delays in performance nor be deemed to have defaulted or breached these Terms of Service for causes beyond our control, including without limitation, an act of God, an act of the public enemy, acts of declared or undeclared war (including acts of terrorism), public disorder, rebellion, sabotage, fire, flood, landslide, earthquake, epidemic, pandemic, government declarations or orders, unusually severe weather, strike, restriction by civil or military authority in their sovereign or contractual capacities, transportation failure, loss or malfunctions of communications or computer (software and hardware) services, power line or other utility failures or interruptions, inability to obtain labor or any other.
These Terms do not constitute, and no express or implied term hereof, shall be construed to constitute a joint venture, association, or partnership between you and us.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
Fanstake requires you to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:
Before you file Your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@fanstake.com
If you have any questions regarding these Terms, you may contact us by email at support@fanstake.com .
By participating in a Fanstake match campaign, users agree to the following terms:
Any funds pledged by a user on the platform will be credited back to the user's account if the pledge does not convert. Any matched funds provided by Fanstake or a third party will be credited back to the original donor in the event the pledge does not convert. Users will not receive the matched amount as a credit in their account.
Coupons, promotional credits, or bonus funds provided as part of a campaign are one-time use only and will not be credited back to a user's account unless explicitly stated in the specific terms of the promotion.
Fanstake reserves the right to modify or terminate any match campaign at its discretion. Any attempt to abuse the matching system, including but not limited to duplicate accounts or fraudulent transactions, may result in forfeiture of funds and account suspension. All standard Fanstake platform Terms of Service apply in addition to these campaign-specific terms.
By participating, users acknowledge and agree to these conditions.
By participating in any promotions, you agree to the specific terms and conditions outlined for each promotion, which are available at the following URLS:
By playing any Free-to-Play ("FTP") games on the Platform, you agree to the FTP Games Official Rules, which are available at the following URL: