2021 CBSSports.com Office Pool Manager
Effective Date: May 4, 2021
If you are a wireless service subscriber and have a smartphone, tablet or wireless device that allows you to access this 2021 OPM Service, you may use this 2021 OPM Service via any of those devices. If you chose to access this 2021 OPM Service via your wireless device, you may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier.
IMPORTANT NOTICE: THIS 2021 OPM SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW.
"CBSSports.com Web site" means the CBSSports.com Web site located at the domain "cbssports.com" or other domain 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, player statistics, game statistics or knowledge or other materials made available to you as part of the 2021 OPM 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 CBSI network of websites which currently include the following: CBSSports.com and SportsLine.com. There is no charge or payment to become a Registered User.
2. Term, Termination and Survival.
This OPMTOU is effective as of the Effective Date, above, and shall remain in full force and effect for the period the 2021 OPM Service is available on the CBSSports.com website until 02/28/2022, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this OPMTOU and other provisions which are set to survive the Term herein shall survive the termination of this OPMTOU.
In order to participate in the 2021 OPM Service, you must be a Registered User and twenty-one (21) years of age or older at the time of registration into the 2021 OPM Service.
4. 2021 OPM Service.
Sign Up for the 2021 OPM Service. Your registration for the 2021 OPM Service gives you access to the features of the 2021 OPM Service from the time you register through the remainder of the Term.
No Internet Connection Equipment Provided. 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 2021 OPM Service and the CBS Sports Content.
Revision of the 2021 OPM Service. CBSI may modify, suspend or discontinue any aspect or the totality of the 2021 OPM Service at any time, 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 2021 OPM Service and/or the CBS Sports Content without notice or liability of any kind.
No Resale of the 2021 OPM Service. You agree that this OPMTOU 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 2021 OPM 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 2021 OPM Service. CBSI does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2021 OPM 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 2021 OPM Service, including, without limitation, the CBS Sports Content.
Entertainment Purposes Only. The 2021 OPM Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
Statistics Corrections. Following the completion of each week's games, all statistics and point totals are verified, and corrections are made where necessary. However, all statistics and point totals for the week are considered FINAL as of Wednesday. If a statistic correction is announced for the previous weekend's games on Wednesday or later, it will not be included in our statistics and your official 2021 OPM Service (Fantasy) scoring will be based on the original statistics.
Scoring Corrections. Following the completion of each NFL game, all point totals are verified, and considered final based on the NFL Official results following the game.
Suspension and/or Termination of the 2021 OPM Service. The 2021 OPM Service, the fantasy leagues and its related benefits are offered at the discretion of CBSI and CBSI has the right to modify or discontinue, temporarily or permanently, a league and/or the provision of statistics and/or the 2021 OPM 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 to, or discontinuance, including, without limitation, stop the provision of statistics and/or the cancellation of the 2021 OPM Service.
5. License and Proprietary Rights.
2021 OPM 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 2021 OPM 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 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 2021 OPM Service, including, without limitation, the CBS Sports Content.
Copyright Notices. The 2021 OPM 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 2021 OPM 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 2021 OPM 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 2021 OPM 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 OPMTOU.
Reservation of Rights. Any and all rights to use the 2021 OPM Service, including, without limitation, any CBS Sports Content not expressly granted to you under this OPMTOU are hereby reserved for CBSI. Nothing contained in this OPMTOU shall affect, impair, or limit in any way CBSI's rights to exploit fully the 2021 OPM 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 2021 OPM 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 parent, subsidiaries or affiliates, 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 2021 OPM Service any materials which: (a) restrict or inhibit any other user from using and enjoying the 2021 OPM 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; and/or (g) constitute or contain false or misleading indications of origin or statements of fact.
THE 2021 OPM 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, CBSI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2021 OPM SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2021 OPM SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2021 OPM SERVICE; (D) THE ABILITY OF THE 2021 OPM SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2021 OPM SERVICE. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2021 OPM SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2021 OPM SERVICE OR THE SERVERS THAT MAKE THE 2021 OPM SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2021 OPM 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 2021 OPM 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 2021 OPM SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, CBSI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2021 OPM 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 OPMTOU.
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 2021 OPM 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, IF ANY, FOR THE 2021 OPM SERVICE.
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 OPMTOU, including, without limitation, your use of the 2021 OPM 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.
You waive all rights to trial in any action or proceeding instituted in connection with these OPMTOU and/or the 2021 OPM Service. Any controversy or claim arising out of or relating to these OPMTOU and/or the 2021 OPM Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. 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 OPMTOU 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 which are not subject to arbitration as set forth in these OPMTOU and/or in connection with the entering of any judgment on an arbitration award in connection with these OPMTOU and/or the 2021 OPM Service, you irrevocably submit and consent to the exclusive jurisdiction and venue of California state and federal courts located in the City of San Francisco, and State of California. The parties agree not to raise the defense of forum non conveniens.
This OPMTOU contains the sole and entire agreement between the parties with respect to the use of the 2021 OPM Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this OPMTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this OPMTOU or the intent of any provision of this OPMTOU. It is the intent of the Parties that neither this OPMTOU, nor any covenant in this OPMTOU, 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 OPMTOU. If any provision of this OPMTOU 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 OPMTOU.
13. Report Violations.
If you witness any user activity in the 2021 OPM Service that violates this OPMTOU, please notify us of the activity via the feedback form located at http://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 2021 OPM Service an enjoyable experience for everyone