2026 CBSSports.com Fantasy Baseball Commissioner Terms of Use Effective Date: November 18, 2025
CBS Interactive, Inc. ("CBSI") provides the 2026 CBSSports.com Baseball Commissioner Service (the "2026 BBC Service") to you ("you" or "your"), subject to the following 2026 CBSSports.com Baseball Commissioner Terms of Use ("BBCTOU"), which may be updated by CBSI periodically without notice to you. It is important for you to refer to these BBCTOU periodically to make sure that you are aware of any additions, revisions or modifications that we may have made to these BBCTOU. You can review the most current version of these BBCTOU at any time at: https://www.cbssports.com/info/about/tos/bbc. Your use of the 2026 BBC Service constitutes your acceptance of these BBCTOU.
IMPORTANT NOTICE: THIS 2026 BBC SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW.
1. Definitions.
"CBSSports.com Platforms" means the website located at the domain "CBSSports.com" and the mobile apps CBS Sports App, and CBS Sports Fantasy, as well as any other websites or apps as determined in the sole and exclusive discretion of CBSI.
"CBS Sports Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2026 BBC Service.
"Registered User" means a person who has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on one of the CBS Sports Digital network of sports and entertainment websites or apps, which includes but is not limited to the following: CBSSports.com and SportsLine.com. There is no charge or payment to become a Registered User.
2. Term, Termination and Survival.
This BBCTOU is effective as of the Effective Date above and shall remain in full force and effect for the period the 2026 BBC Service is available on the CBSSports.com Platforms (approximately 11/18/26), unless terminated earlier as provided herein (the "Term"). Sections 7 through 12 of this BBCTOU and other provisions which are set to survive the Term herein, shall survive the termination of this BBCTOU.
3. Eligibility:
In order to participate in the 2026 BBC Service, you must be a Registered User and twenty-one (21) years of age or older at the time of registration for the 2026 BBC Service.
4. 2026 BBC Service.
Sign Up for the 2026 BBC Service. If you decide to purchase the 2026 BBC Service, you will be required to provide your credit card information. The 2026 BBC Service gives you access to the features of the 2026 BBC Service from the time you register through the remainder of the Term. The credit card that you provide as part of your enrollment will be billed for the 2026 BBC Service. You acknowledge and agree that you are solely responsible for providing accurate and up-to-date credit card information in connection with your enrollment for the 2026 BBC Service, and your failure to provide accurate and up-to-date information, which permits us to bill your credit card, will result in the denial of your use of the 2026 BBC Service. All currency references are in U.S. dollars. Please note that your payment for the 2026 BBC Service, except as provided for herein with respect to the BBC Money Back Guarantee, is non-refundable, and you may not cancel your 2026 BBC Service before the end of the Term. For more information about the 2026 BBC Service, please read the Fantasy Baseball Commissioner — Frequently Asked Questions.
Money Back Guarantee. In the event that you are dissatisfied with the 2026 BBC Service for any reason, you may qualify for a full refund of your enrollment fee in accordance with the BBC Money Back Guarantee, incorporated herein by reference.
No Internet Connection Equipment Provided. Use of the 2026 BBC Service requires access to the Internet. CBSI shall not be obligated to, and you acknowledge that CBSI will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2026 BBC Service and the CBS Sports Content. Normal internet access and usage charges imposed by your service provider may apply.
Revision of the 2026 BBC Service. CBSI may modify, suspend or discontinue any aspect of the 2026 BBC Service at any time with or without notice , including, without limitation, the availability of any CBS Sports Content. CBSI may also impose limits on certain features and services or restrict your access to parts or all of the 2026 BBC Service and/or the CBS Sports Content without notice or liability of any kind.
No Resale of the 2026 BBC Service. You agree that this BBCTOU is personal to you and that you may not resell, lease, license, assign, redistribute, use in a commercial way and/or derive any pecuniary gain, or otherwise transfer any portion of the 2026 BBC Service, including, without limitation, the CBS Sports Content.
No Accuracy of CBS Sports Content. The CBS Sports Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the CBS Sports Content. You should be aware that the CBS Sports Content might contain errors, omissions, inaccuracies, outdated information and inadequacies, and that the CBS Sports Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any CBS Sports Content and will not be liable for any lack of the foregoing.
No Warranty of Lawfulness of the 2026 BBC Service. CBSI does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2026 BBC Service, including, without limitation, the CBS Sports Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2026 BBC Service, including, without limitation, the CBS Sports Content.
Entertainment Purposes Only. The 2026 BBC Service including the CBS Sports Content may not be used in any commercial way, including, without limitation, to create, and/or operate as a business, and/or derive any pecuniary gain.
Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the 2026 BBC Service is subject to the Paramount Privacy Policy incorporated herein by reference.
Statistics Corrections. Your league's web site will be updated to reflect official MLB statistics corrections that occur up to seven days after the game has been completed. For example, for a Saturday game, the official scoring change would have to be made by the following Saturday to be included in our statistics. If the change is made any later, it will not be included in our statistics and your official Fantasy scoring will be based on the original statistic. The final week of the regular season, and throughout the playoffs, statistics will be final on Monday morning at 6:00 a.m. eastern time ("ET") after the week of play has concluded.
Suspension and/or Termination of Your 2026 BBC Service Account. CBSI expressly reserves the right to immediately modify, suspend or terminate your 2026 BBC Service account without refund and refuse current or future use of the 2026 BBC Service, if CBSI, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this BBCTOU or the Paramount Terms of Use incorporated herein by reference.
Suspension and/or Termination of the 2026 BBC Service. The 2026 BBC Service and its related benefits are offered at the discretion of CBSI and CBSI has the right to modify or discontinue, temporarily or permanently, the 2026 BBC Service, in whole or in part for any reason, with or without notice to you. You agree that CBSI will not be liable to you or to any third party for any modifications or discontinuance of the 2026 BBC Service.
5. License and Proprietary Rights.
2026 BBC Service License. During the Term, CBSI hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2026 BBC Service, including the CBS Sports Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and CBSI does not grant you any right or license in any CBSI materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software, technology or any other material or information of any kind.
No Sublicense. Nothing herein shall be interpreted to mean, and CBSI does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2026 BBC Service, including, without limitation, the CBS Sports Content.
Copyright Notices. The 2026 BBC Service, including without limitation, the CBS Sports Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned or controlled by CBSI. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2026 BBC Service, including, without limitation, the CBS Sports Content or as CBSI otherwise may impose from time to time.
No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2026 BBC Service, including, without limitation, the CBS Sports Content.
No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2026 BBC Service, including without limitation, the CBS Sports Content or take any action whatsoever in derogation of CBSI's rights therein or in breach of any terms and conditions contained in this BBCTOU.
Reservation of Rights. Any and all rights to use the 2026 BBC Service, including, without limitation, any CBS Sports Content not expressly granted to you under this BBCTOU, are hereby reserved for CBSI. Nothing contained in this BBCTOU shall affect, impair or limit in any way CBSI‘s rights to exploit fully the 2026 BBC Service, including, without limitation, any CBS Sports Content.
Proprietary Rights. You acknowledge and agree that CBSI owns and shall retain all rights, title and interest in and to the 2026 BBC Service, including, without limitation, the CBS Sports Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
No License to CBSI Trademarks. Nothing herein shall be interpreted to mean, and CBSI does not grant you any right or license in any CBSI trademark, tradename, trade secrets, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSI, its parents, subsidiaries or affiliates (collectively, the "CBSI Parties"), in any manner whatsoever.
6. Representations and Warranties.
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the 2026 BBC Service any materials which: (a) restrict or inhibit any other user from using and enjoying the 2026 BBC Service; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam or any other kind of solicitation; (g) constitute or contain false or misleading indications of origin or statements of fact; and/or (h) include any personally identifiable information as such term is defined under any applicable laws.
You represent, warrant and covenant that you will comply with the Paramount Terms of Use in connection with your use of the 2026 BBC Service.
7. Disclaimer of Warranties.
THE 2026 BBC SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CBSI CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CBSI SERVICE, ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CBSI PARTIES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2026 BBC SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2026 BBC SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2026 BBC SERVICE; (D) THE ABILITY OF THE 2026 BBC SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2026 BBC SERVICE AND/OR THE CBSSPORTS.COM PLATFORMS. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2026 BBC SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2026 BBC SERVICE, THE CBSSPORTS.COM PLATFORMS OR THE SERVERS THAT MAKE THE 2026 BBC SERVICE AND/OR THE CBSSPORTS.COM PLATFROMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2026 BBC SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2026 BBC SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT, YOU ACT AT YOUR OWN RISK AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2026 BBC SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, THE CBSI PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
THE CBSI PARTIES SHALL NOT BE LIABLE FOR THE USE OF THE 2026 BBC SERVICE INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS BBCTOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE CBSI PARTIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2026 BBC SERVICE, EVEN IF FORESEEABLE OR CBSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2026 BBC SERVICE.
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE RELEASED PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE 2026 BBC SERVICE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CBSI PARTIES.
9. Indemnity.
You agree to defend, indemnify and hold harmless the Released Parties with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this BBCTOU, including, without limitation, your use of the 2026 BBC Service, including, without limitation, the CBS Sports Content. Notwithstanding the foregoing, CBSI retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSI herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without CBSI's prior written approval.
10. Dispute Resolution; Arbitration Agreement.
IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A "CLAIM") ARISING OUT OF OR RELATING IN ANY WAY TO THE 2026 BBC SERVICE OR THESE BBCTOU, AND THE CLAIM IS NOT RESOLVED BY CALLING OUR CUSTOMER SERVICE DEPARTMENT AT (888) 274-5343 AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person's claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between you and us will be subject to this Section 10 and not to any prior arbitration agreement you had with us. This Section 10 shall survive termination of the BBCTOU or the 2026 BBC SERVICE.
10.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure.
Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute ("Notice"). A Notice from you to us must (1) be sent by certified mail; (2) be addressed to: CBS Interactive Inc., 680 Folsom Street, San Francisco, CA 94107, Attn: Legal Department (the "Notice Address"); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the 2026 BBC Service, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 10.1. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
10.2 Arbitration Procedure.
Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Section 10 (the "Arbitration Agreement"), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure requirements referenced in Section 10.1 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator's award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law.
In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in New York, New York. If the Mass Filing process described in Section 10.7 is triggered, then the location of any hearing will be determined by the arbitrator.
10.3 Discovery During Arbitration.
The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
10.4 Confidentiality.
Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
10.5 Offer of Settlement.
In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
10.6 Mass Filing.
If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings ("Mass Filing") set forth in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 10.1, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for CBSI shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and CBSI shall pay the mediator's fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for CBSI shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and CBSI shall pay the mediator's fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for CBSI shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and CBSI may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these BBCTOU. You may opt out of arbitration by sending CBSI your individual, personally signed notice of your intention to opt out by certified mail addressed to CBS Interactive Inc., 680 Folsom Street, San Francisco, CA 94107, Attn: Legal Department. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. CBSI may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor CBSI elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these BBCTOU.
You and CBSI agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and CBSI acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
10.7 Severability.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
11. Governing Law and Jurisdiction.
These BBCTOU and all claims arising from or related to your use of the 2026 BBC Service will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. These BBCTOU will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration or small claims court (as set forth in Section 10 above), you agree to exclusive jurisdiction in the state and federal courts in New York, New York.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the 2026 BBC Service or these BBCTOU within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
12. Miscellaneous
This BBCTOU contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this BBCTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this BBCTOU or the intent of any provision of this BBCTOU. It is the intent of the Parties that neither this BBCTOU, nor any covenant in this BBCTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this BBCTOU. If any provision of these BBCTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding, or action shall be strictly construed and shall not affect the validity or effect of any other provision of these BBCTOU.
13. Report Violations
If you witness any user activity in the 2026 BBC Service that violates these BBCTOU, please notify us of the activity via the feedback form located at https://cbsi.force.com/CBSi/cbssports#feedback. CBSI cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the 2026 BBC Service an enjoyable experience for everyone.