2025 CBSSports.com Fantasy Football Mock Drafts Game Play/Terms of Use Effective Date: April 29, 2025
FANTASY FOOTBALL MOCK DRAFTS COMPLETED WITHIN THIS PRODUCT ARE FOR ENTERTAINMENT AND PRACTICE PURPOSES ONLY. JOINING A 2025 CBSSPORTS.COM FANTASY FOOTBALL LEAGUE WILL NECESSITATE COMPLETING ANOTHER DRAFT IN THAT LEAGUE IN ACCORDANCE WITH THE OFFICIAL RULES. ANY DRAFTS CONDUCTED VIA FANTASY FOOTBALL MOCK DRAFTS WILL NOT BE CARRIED OVER INTO ANY OTHER TEAM OR LEAGUE.
IMPORTANT NOTICE: THIS 2025 FMD SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW.
Game Play Mock Drafts Joining a Mock Draft
Once you have signed up, click the "Join Now" button next to the corresponding draft you would like to enter in the Mock Draft Lobby. You must be logged in and registered in order to participate in a Mock Draft. If you are not a registered CBSSports.com user, you will be routed to the registration page. Each Mock Draft will be available every five (5) minutes. A Mock Draft will begin at the time listed in the 'Available Draft' section of the Mock Draft home page. If a Mock Draft is not full by the time listed in the League Details area, the remaining empty spots will be drafted by a CBSSports.com Draft Robot according to our experts' projections.
Types of Mock Drafts
You can select to join any of these available draft types:
10-team league, Standard positions (QB, 2 RB, 3 WR, TE, K, DST, 5 Bench)
10-team league, Flex positions (QB, 2 RB, 2 WR, Flex, TE, K, DST, 5 Bench)
12-team league, Standard positions (QB, 2 RB, 3 WR, TE, K, DST, 5 Bench)
12-team league, Flex positions (QB, 2 RB, 2 WR, Flex, TE, K, DST, 5 Bench)
14-team league, Standard positions (QB, 2 RB, 3 WR, TE, K, DST, 5 Bench)
14-team league, Flex positions (QB, 2 RB, 2 WR, Flex, TE, K, DST, 5 Bench)
Selecting a Draft Position
On the Mock Draft Details page, you will have the opportunity to select your position within the draft. For instance, if you'd like to see what it would be like to draft from the 6th position, you can select "Join at this Position" on position #6. If a draft position is not available, it will say "Position Taken" and will not let you join at that specific position. Once you have joined a draft, a draft countdown clock will appear in the navigation bar in both the "Draft Lobby" and the "View Details" pages of your Mock Draft. The countdown clock will display the time left until your draft begins and the number of users that have joined. Once the draft is full, the clock will turn into a link to enter the Draft Room.
Standard Mock Draft Instructions
During the Mock Draft, each team will have 60 seconds to select an NFL player. The order of the draft will be determined by which draft position each participant in the draft selected when joining the Mock Draft. Standard drafts will go through a "snake" order, meaning that the team with the last pick in the current round will have the first pick in the next round. The draft will continue for 14 rounds.
In the draft room, you will be able to place NFL players into a Draft Queue, The Draft Queue is simply a list in order of priority of players you are interested in picking with your next draft pick. When it is your turn to pick, you will have 60 seconds to draft a player. If the 60 seconds pass and you have not manually selected a player, the player ranked highest in your Draft Queue will be automatically drafted and your team will be placed on Autopilot. If the Draft Queue is empty, a pick will then be made from the Rank List. The Rank List will be provided by CBS Interactive, Inc. ("CBSI") (as defined below). You will not have the ability to make changes to the Rank List.
Once the draft has been completed, you will receive an email showing all the team rosters from your Mock Draft. You can also view all draft results by clicking on the "Results" link in the "Mock Draft" navigation bar from either of the Draft Lobbies.
Salary Cap Mock Draft Instructions
Each team will begin the draft with a salary of $100. During the Mock Draft, each team will have 20 seconds to select an NFL player to be nominated for signing. The order of the draft will be determined by which draft position each participant in the draft selected when joining the Mock Draft. Salary Cap drafts will go through a continuous order. The current team that is on the clock to nominate a player will be seen to the far left of the Nomination Order area of the draft room. The nominated player will be available for signing for 15 seconds, at which time the player will go to the team with the highest offer. The draft will continue with this salary cap format for 24 rounds.
**Important: The draft will continue in this order for 9 rounds and all teams MUST fill their active rosters first. You will not be allowed to nominate or bid on a player when there are no more spots on your active roster for the position he plays. After 9 rounds, the draft will go through a "snake" order for the remaining 5 rounds to fill the reserve rosters. There will be no bidding for reserve players. The player who joined the draft in the #1 position will begin this portion of the draft and teams will follow in typical "snake" order like a Standard Draft until 14 rounds have been completed.
In the draft room, you will be able to place NFL players into a Draft Queue. The Draft Queue is simply a list in order of priority of players you are interested in nominating for signing. When it is your turn to pick, you will have 30 seconds to nominate a player. If the 30 seconds pass and you have not manually selected a player, the player ranked highest in your Draft Queue will be automatically nominated for signing and your team will be placed on Autopilot. If the Draft Queue is empty, a pick will then be made from the Rank List. The Rank List will be provided by CBSI. You will not have the ability to make changes to the Rank List.
Once the draft has been completed, you will receive an email showing all the team rosters from your Mock Draft. You can also view all draft results by clicking on the "Results" link in the "Mock Draft" navigation bar from either of the Draft Lobbies.
Terms of Use
CBSI provides the 2025 CBSSports.com Fantasy Football Mock Drafts Service (the "2025 FBMD Service") to you ("you" or "your"), subject to the following 2025 CBSSports.com Fantasy Football Mock Drafts Terms of Use ("FBMDTOU") which may be updated by CBSI from time to time without notice to you. It is important for you to refer to this FBMDTOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this FBMDTOU. You can review the most current version of this FBMDTOU at any time at: https://www.cbssports.com/info/about/tos/fmd. Your use of the 2025 FBMD Service constitutes your acceptance of this FBMDTOU.
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 2025 FBMD 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 Interactive network of sports and entertainment websites or apps, which includes but is not limited to the following: CBSSports.com, SportsLine.com, 247Sports.com. CollegesportsLive.com and StarTrek.com. There is no charge or payment to become a Registered User.
2. Term: Termination and Survival.
This FBMDTOU is effective as of the Effective Date above and shall remain in full force and effect for the period the 2025 FBMD Service is available on the CBSSports.com Platforms, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this FBMDTOU and other provisions which are set to survive the Term herein shall survive the termination of this FBMDTOU.
3.Eligibility:
In order to participate in the 2025 FBMD Service, you must be a Registered User twenty-one (21) years of age or older at the time of registration into the 2025 FBMD Service.
4. 2025 FMD Service.
Sign Up for the 2025 FBMD Service. Your registration for the 2025 FBMD Service gives you access to the features of the 2025 FBMD Service from the time you register through the remainder of the Term.
No Internet Connection Equipment Provided. Use of the 2025 FBMD 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 2025 FBMD Service and the CBS Sports Content. Normal internet access and usage charges imposed by your service provider may apply.
Revision of the 2025 FBMD Service. CBSI may modify, suspend or discontinue any aspect of the 2025 FBMD 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 2025 FBMD Service and/or the CBS Sports Content without notice or liability of any kind.
No Resale of the 2025 FBMD Service. You agree that this FBMDTOU is personal to you and that you may not resell, lease, license, assign, redistribute, use in any commercial way and/or derive any pecuniary gain, or otherwise transfer any portion of the 2025 FBMD 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 2025 FBMD Service. CBSI does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2025 FBMD 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 2025 FBMD Service, including, without limitation, the CBS Sports Content.
Entertainment Purposes Only. The 2025 FBMD Service, including the CBS Sports Content, is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the 2025 FBMD Service is subject to the Paramount Privacy Policy, incorporated herein by reference.
Suspension and/or Termination of your 2025 FBMD Service Account. CBSI expressly reserves the right to immediately modify, suspend or terminate your 2025 FBMD Service account without refund and refuse current or future use of the 2025 FBMD Service, if CBSI, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this FBMDTOU or the Paramount Terms of Use.
Suspension and/or Termination of the 2025 FBMD Service. The 2025 FBMD 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 2025 FBMD 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 2025 FBMD Service.
5. License and Proprietary Rights.
2025 FBMD 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 2025 FBMD 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 2025 FBMD Service, including, without limitation, the CBS Sports Content.
Copyright Notices. The 2025 FBMD 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 2025 FBMD 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 2025 FBMD 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 2025 FBMD 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 FBMDTOU.
Reservation of Rights. Any and all rights to use the 2025 FBMD Service, including, without limitation, any CBS Sports Content not expressly granted to you under this FBMDTOU are hereby reserved for CBSI. Nothing contained in this FBMDTOU shall affect, impair or limit in any way CBSI‘s rights to exploit fully the 2025 FBMD 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 2025 FBMD 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, trade name, 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 2025 FBMD Service any materials which: (a) restrict or inhibit any other user from using and enjoying the 2025 FBMD 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) could be construed as inappropriate and offensive to other managers, inappropriate communication includes spamming other league team managers with trade offers and posting multiple messages on the message board; (h) constitute or contain false or misleading indications of origin or statements of fact; and/or (i) 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 2025 FBMD Service.
You represent and warrant you are aware that a user's team and/or a user's name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the 2025 FBMD Service. If you do not want your name to appear on the 2025 FBMD Service pages, we suggest you go the League Home page and change your personal information within the "Options" tab; more specifically, the information you input in the "Your Name" area. The information you write into the "Your Name" area, is the information that will be displayed on the 2025 FBMD Service pages. We cannot ensure the security of any information you choose to make public in the 2025 FBMD Service pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
7. Disclaimer of Warranties.
THE 2025 FBMD 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 2025 FBMD SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2025 FBMD SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2025 FBMD SERVICE; (D) THE ABILITY OF THE 2025 FBMD SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2025 FBMD SERVICE AND/OR THE CBSSPORTS.COM PLATFORMS. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2025 FBMD SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2025 FBMD SERVICE, THE CBSSPORTS.COM PLATFORMS, OR THE SERVERS THAT MAKE THE 2025 FBMD SERVICE AND/OR THE CBSSPORTS.COM PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2025 FBMD 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 2025 FBMD 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 2025 FBMD SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, THE CBSI PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
THE CBSI PARTIES SHALL NOT BE LIABLE FOR THE USE OF THE 2025 FBMD 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 FBMDTOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE 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 2025 FBMD 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.
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 2025 FBMD 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 FBMDTOU, including, without limitation, your use of the 2025 FBMD 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 the Released Parties 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 2025 FBMD SERVICE OR THESE FBMDTOU, 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 FBMDTOU or the 2025 FBMD 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 2025 FBMD 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 FBMDTOU. 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 FBMDTOU.
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 FBMDTOU and all claims arising from or related to your use of the 2025 FBMD 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 FBMDTOU 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 2025 FBMD Service or these FBMDTOU within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
12. Miscellaneous
This FBMDTOU 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 FBMDTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this FBMDTOU or the intent of any provision of this FBMDTOU. It is the intent of the Parties that neither this FBMDTOU, nor any covenant in this FBMDTOU, 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 FBMDTOU. If any provision of this FBMDTOU 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 FBMDTOU.
13. Report Violations
If you witness any user activity in the 2025 FBMD Service that violates this FBMDTOU, 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 e-mail, but we appreciate your help in making the 2025 FBMD Service an enjoyable experience for everyone.