Effective Date February 27, 2018
If you are a wireless service subscriber and have a smartphone, tablet or wireless device that allows you to access this 2018 Bracket Manager product, you may use this 2018 Bracket Manager via any of those devices. If you choose to participate via any such wireless devices, you may be charged data rates in accordance with the Terms and Conditions of your wireless Service Agreement with your wireless carrier. Users should contact their wireless carrier for information on rate plans and charges relating to your use of this 2018 Bracket Manager.
IMPORTANT NOTICE: THIS 2018 BRACKET MANAGER SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW.
2. Term, Termination and Survival. This BMTOU is effective as of the Effective Date (above) and shall remain in full force and effect for the period that the 2018 Bracket Manager is available on the CBSSports.com website, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this BMTOU, and other provisions set to survive the Term herein, shall survive the expiration and/or early termination of this BMTOU.
3. Eligibility. In order to participate in the 2018 Bracket Manager, you must be a Registered User, who is thirteen (13) years of age or older at the time of registration for the 2018 Bracket Manager.
4. 2018 Bracket Manager.
5. License and Proprietary Rights.
6. Representations and Warranties.
7. Disclaimer of Warranties.
THE 2018 BRACKET MANAGER, 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. CBSI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2018 BRACKET MANAGER; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2018 BRACKET MANAGER; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2018 BRACKET MANAGER; (D) THE ABILITY OF THE 2018 BRACKET MANAGER TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2018 BRACKET MANAGER. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2018 BRACKET MANAGER OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2018 BRACKET MANAGER OR THE SERVERS THAT MAKE THE 2018 BRACKET MANAGER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2018 BRACKET MANAGER 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 2018 BRACKET MANAGER, 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 2018 BRACKET MANAGER, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHERMORE, CBSI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2018 BRACKET MANAGER 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 BMTOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CBSI AND ITS SUBSIDIARIES AND AFFILIATES 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 2018 BRACKET MANAGER, EVEN IF FORESEEABLE, OR IF 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 $10.00.
You agree to defend, indemnify and hold harmless CBSI and its subsidiaries and affiliates 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 BMTOU, including without limitation, your use of the 2018 Bracket Manager, and 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.
You waive all rights to trial in any action or proceeding instituted in connection with these BMTOU, the CBSSports.com website, and/or the 2018 Bracket Manager Service. Any controversy or claim arising out of or relating to these BMTOU, the CBSSports.com website, and/or the 2018 Bracket Manager Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco, County of San Francisco.
11. Governing Law and Jurisdiction.
THIS BMTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters subject to this BMTOU the parties irrevocably submit and consent to the exclusive jurisdiction and venue of California state and federal courts located in the City of San Francisco, County of San Francisco, and State of California. The parties agree not to raise the defense of forum non conveniens.
This BMTOU 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 BMTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend or describe the scope of this BMTOU or the intent of any provision of this BMTOU. It is the intent of the Parties that neither this BMTOU, nor any covenant in this BMTOU, 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 BMTOU. If any provision of this BMTOU 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 this BMTOU.
13. Report Violations.
If you witness any user activity in the 2018 Bracket Manager that violates this BMTOU, please notify us of the activity via the feedback form located at http://www.cbssports.com/help/contactus. CBSI cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the 2018 Bracket Manager an enjoyable experience for everyone.