TERMS AND CONDITIONS

Effective Date: Tuesday, July 12, 2022 5:14 PM CDT

These AMENDED AND FULLY RESTATED TERMS AND CONDITIONS fully replace all prior Terms and conditions. LeagueSafe (referred to herein as “LeagueSafe”, “we”, or “us”) is a fantasy sports service that provides administrative support tools, oversight, transparency, security and convenience for participants in private season-long fantasy sports leagues (“Leagues”). LeagueSafe is owned and operated by SportsHub Games Network, Inc. ("SportsHub"). SportsHub is the owner and operator of several other fantasy sports services, in addition to LeagueSafe.

Your use of LeagueSafe is at all times subject to the SportsHub Master Terms of Service (the “Master Terms”), which incorporate these Amended and Fully Restated Terms and Conditions (“Terms”). These Terms apply to your use of LeagueSafe (the “Site” or the “Services”). Please read these Terms and the Master Terms carefully before using the Service. By accessing and using the Site or Services, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.leaguesafe.com/privacy, incorporated herein by reference. Throughout these Terms, any user of the Site or Services may be referred to as “you”, “Member”, “user”, or “person”. If you have any questions, comments or concerns regarding these Terms or the Master Terms or our Services, please contact us at customerservice@fanball.com.

1. Membership

Upon joining LeagueSafe, you will gain access to a variety of administrative features, including League creation and membership management, League voting, message boards, and online payment options, as well as oversight, convenience, security and transparency for activities involving fantasy leagues, office pools, and other similar pastimes. All monies paid by Members and Leagues, (the “Funds”), pursuant to these Terms shall be paid to and managed and distributed by LeagueSafe Management, LLC, which is a wholly-owned subsidiary of LeagueSafe (“LeagueSafe Management”). Through the LeagueSafe website, Members can view all of their LeagueSafe transactions. LeagueSafe offers a variety of automated mechanisms that help Leagues manage and oversee their transactions in ways traditional methods do not. LeagueSafe also automates the process of sending payment reminders to Members who have a pending payment request.

2. Acceptable Use

Members choosing to use LeagueSafe for other purposes than described above may be in violation of these Terms, and subject to remedies, including those outlined in Section 14 “Restricted Activities”.

Specifically, but not limited to, Members may not use the LeagueSafe Services for the following purposes:

As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006.
As an aid to offline gambling.
Sale of goods or services.

By using this Site, you agree to be bound by the Terms explained in this document. The use of this Site in a manner inconsistent with the descriptions in these Terms is prohibited.

3. Eligibility

In order to be eligible to use LeagueSafe Services, you must be at least eighteen (18) years of age, and a resident of the United States or Canada. Members may use LeagueSafe for the purposes outlined in the Acceptable Use section of these Terms.

Further, Members’ Leagues are eligible to use LeagueSafe Services only if they meet the following criteria, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006:

All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
No winning outcome is based: a) on the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or b) solely on any single performance of an individual athlete in any single real-world sporting or other event.

International Members

Canadian Members are able to use LeagueSafe; however, LeagueSafe’s full feature set may not be available to Members in Canada. Canadian Members may pay only by credit/debit card, and LeagueSafe accepts credit/debit card payments only from issuing banks that participate in the Address Verification System (“AVS”). Most banks in the United States and Canada meet these criteria, but LeagueSafe cannot guarantee that all credit/debit card payments will be accepted. Canadian Members may receive Payouts (as defined below) by paper check only. Canadian Members should be aware that the Site is primarily intended for use by Americans, and operates under the assumption that Members reside in America. Canadian Members may have a different experience than American Members.

4. Seasons

LeagueSafe offers Members different options during different times of the year, based on the schedule for the sport with which a League is affiliated. See “League Payments” in Section 6 and “Receiving Payouts” in Section 8 for additional details.

Regular Season. For each sport, the “Regular Season” is the time during which the sport's full schedule involving every team is played. The playoffs start at the conclusion of the Regular Season. The duration of the playoffs varies by sport.
Preseason. The “Preseason” begins before the first Regular Season game in any given season.
Post-season. The “Post-season” begins the first day after the conclusion of the Regular Season.

Specific information regarding the Regular Season and playoff schedules are available at the official websites for each major sport.

In the event of an unforeseen interruption to the schedule, LeagueSafe will notify users via email and notification on League home pages of the change, and its impact for LeagueSafe and Members.

Office Pools and Short-Season Fantasy Leagues

From time to time, LeagueSafe may classify certain Season types as Office Pools or Short-Season Fantasy Leagues. In such cases, end-of-season League winnings will be subject to the majority approval Payout Rule, as discussed in “Payout Rule” in Section 5 below.

5. League Administration

Private League Invitations

The Member who creates the League (“Commissioner”) may choose to allow only individuals to whom the Commissioner sends League invitations to join the League. Members who respond to the invitation will be notified of the League’s private security settings before joining or making League-related payments.

Private invitations are best suited for Leagues with restricted membership, usually to friends or acquaintances.

Public League Invitations

A Commissioner may choose to allow the public distribution of a League invitation. By doing so, the invitation can be passed to any number of people, and anyone who views the invitation can join the League.

Members who respond to the invitation will be notified of the League’s public security settings before joining or making League-related payments.

Public invitations should be used by Commissioners who wish to have no restrictions upon League membership. Commissioners should be aware that public invitations allow for anyone to join the League and make a payment. It also allows for an unlimited number of Members to join a League. These actions are not reversible.

League Payment Settings

Commissioners may choose between two League payment options: eCheck Only and Flexible (Credit/Debit Card, & eCheck). They are distinguished as follows:

Flexible: Members will be able to make payments via eCheck, credit or debit card. All transaction types require a convenience fee of 4.5% plus 10 cents per transaction.
eCheck Only: Members will be able to make payments via eCheck only. There is no fee associated with the processing of the transaction.

The Commissioner will choose which payment setting will be available for all League Members. Note that Members may also make League-related payments by Balance Allocation (as defined below) under both payment settings.

Payment Deadlines

For each Season, LeagueSafe will define a specific date (“Season Payment Deadline”) after which payments will no longer be accepted until the Post-season. The Season Payment Deadline – usually two to three weeks into the Regular Season – will be clearly communicated on League home pages and cannot be changed by any Member or Commissioner. At its discretion, LeagueSafe may change the Season Payment Deadline or otherwise allow additional opportunities for Members to make payments.

Optionally, a Commissioner may choose to establish a payment deadline earlier than the Season Payment Deadline (“League Payment Deadline”). When this happens, the League Payment Deadline replaces the Season Payment Deadline and all payments must be made by the League Payment Deadline.

LeagueSafe operates on Central Time. Unless explicitly noted otherwise, the default time of payment deadlines is 11:59pm CT.

Late Payments

LeagueSafe may allow Commissioners the option of allowing payments to be made after the Payment Deadline. In order to make this feature available to all Members, Commissioners must turn this feature on because by default it is turned off and late payments are not permitted.

If the late payment feature is turned on, LeagueSafe will charge a penalty fee for late payments. Commissioners also have the option to assign an additional fee, which is added to the League’s balance. These late fees will be clearly disclosed to the Commissioner during setup and to Members prior to any fee being charged for any transaction. Any applicable late fee will be charged for each transaction that occurs after the applicable payment deadline.

Payout Rule

Upon League creation, the Commissioner will choose a method by which end-of-season League winnings are allocated (“Payout Rule”). The Payout Rule establishes the level of control that each Member has over the allocation of end-of-season winnings. The Payout Rule cannot be changed once a non-Commissioner Member has made a payment.

Upon joining a League or making a payment, Members will be notified of the chosen League Payout Rule, and will be required to agree to the Payout Rule. Members who do not agree to the Payout Rule cannot join the League or make a payment.

The Commissioner may choose from three possible options for the Payout Rule:

Commissioner has total control. Any Member who has been designated by the League as a Commissioner has the unilateral authority to allocate winnings to the Member without any other League approval. Members waive their rights to dispute with LeagueSafe the Commissioner's assignment of League winnings.
Majority approval. This Payout Rule allows the allocation of winnings when a majority of the Members have voted in favor of the Commissioner's payout assignments.
Unanimous approval. Winnings will not be allocated until every Member has voted to authorize the Commissioner's allocations. Note that even one unresponsive or opposing Member can block allocation of League payouts, so select this option with care and acknowledgement of the above risk.

If there are indications of risk, fraud, or criminal activity, at its discretion LeagueSafe may change the Payout Rule to the Majority approval option. In such cases, Members will be asked to vote on the Commissioner's allocations before winnings are distributed.

Abstentions

From time to time, LeagueSafe Members will have opportunities to cast votes. If a Member fails to cast a vote by the applicable deadline, LeagueSafe will cast an abstention vote on behalf of such Member. The deadline for voting is clearly visible on email voting notifications and the voting summary page.

Abstentions have the effect of removing the Member from the voting pool. Thus, if a member in a ten-member League abstains from voting, this effectively creates a nine-Member pool of voters. In this example, after the abstention, a majority could be reached with five Member votes instead of the six votes that would have been required before the abstention.

Commissioner Reimbursement

Commissioners have the option to enable LeagueSafe’s Commissioner Reimbursement feature. This feature allows Commissioners to be reimbursed for expenses incurred on behalf of the League, typically to pay for third-party administrative tools, without waiting for LeagueSafe’s usual end-of-season Payout time frame. To activate the feature, the Commissioner must indicate the reimbursement amount that he/she intends to remove from the League balance, up to a maximum of $200. As soon as the Season Payment Deadline has passed, the Commissioner may receive an allocation of funds from the League's payout, up to the reimbursement amount, provided that the amount requested is less than 25% of the League’s total balance.

The Commissioner Reimbursement feature can only be activated before any League-related payments have been made. Members who join a League in which the Commissioner Reimbursement feature has been enabled are notified that the Commissioner has opted to use this feature. Members who disagree with the Commissioner’s intention to use Commissioner Reimbursement are encouraged to discuss the matter with the Commissioner, and should not make any payments until a resolution is reached.

There are no additional fees associated with activating the Commissioner Reimbursement feature.

6. Payments

League Payments

Under normal conditions, League-related payments may be made in three different phases of each sport’s season.

Preseason: Payments may be made by Members at any time during the Preseason.
Regular Season: Payments may be made until the applicable deadline is reached. See “Payment Deadlines” in Section 5. Members have the option of making payments past the applicable deadline only if the Commissioner activates the Late Payment feature as described in “Late Payments” in Section 5.
Post-season: Payments may be made once the Post-season has begun. During the Post-season, Members may make additional payments. Often this is done to account for League expenses generated during the Regular Season, such as transaction fees and trading fees, in accordance with the rules set by individual Leagues. LeagueSafe has limitations on the amount of League-related payments that may be made during the Post-season. These limitations vary by League.

At its sole discretion, LeagueSafe may allow additional opportunities for Members to make payments.

Payment Methods

Members may make League-related payments in three ways: 1) eCheck, 2) credit/debit card, 3) by reallocating Funds that have been allocated to the Member but not yet paid out (“Balance Allocation”). Fees that may be associated with these methods vary, based on the payment settings of the League(s) in which a Member participates. See “League Payment Settings” in Section 5 of these Terms for details.

Bank Transfers

When you perform an eCheck transfer of Funds, you are asking LeagueSafe to transfer currency from your bank account to LeagueSafe. You agree that by making this request, you authorize LeagueSafe to make the funds transfer. This process cannot be cancelled. You also authorize LeagueSafe to resubmit any eCheck that is returned.

Foreign Currencies

LeagueSafe deals only in American dollars. Foreign currencies are not supported by LeagueSafe.

Reversals and Chargebacks

If a Member makes a payment to LeagueSafe and subsequently the Member (or the Member’s banking institution or credit card company) initiates a reversal or chargeback of any amount, LeagueSafe reserves the right to freeze all Funds of that League and its Members until such a time as the reversal or chargeback has been resolved.

Members agree that monies lost due to reversals and chargebacks are the obligation of the Member. LeagueSafe is never responsible for reversals or chargebacks. Loss of monies due to reversals and chargebacks are applied to the League’s balance or the Member balance, at LeagueSafe’s sole discretion. Further, any fees incurred by LeagueSafe in processing or disputing reversals and chargebacks shall be the sole obligation of the Member, and will be applied to the Member and/or League balance. LeagueSafe recommends that Members consider all available options before initiating a reversal or chargeback.

The banking institution or credit card company, not LeagueSafe, will determine the final outcome of any dispute regarding reversals or chargebacks.

Failed Transaction Funds Holds

If a debit card or credit card is used to make a payment, and the transaction was not accepted for any reason (such as a failed AVS or Card Verification Value (“CVV”) verification), please be aware that most banks will hold the "authorized" currency (counting against your balance until the authorization clears) even if your order was rejected by our security measures. The most common reason for a failed transaction is that the billing address entered does not match the billing address for the debit/credit card being used for payment. Our AVS security measures will reject any transaction for a billing address mismatch.

LeagueSafe does not have the capability or the obligation to release the bank's temporary hold on authorized transactions and is not responsible for the policies of any banking institution or credit card company regarding the holding of authorized transactions. Please note that the time periods for such authorization transaction holds may vary depending on the issuing banking institution or credit card company's policy. You must contact the issuing credit card company or banking institution in order to resolve these types of transactions.

Transaction History

Members can view their transaction history by visiting their Dashboard on the Site. LeagueSafe will provide viewable entries for payments made in the current and previous seasons.

7. MyFantasyLeague

LeagueSafe partners with MyFantasyLeague.com (“MFL”) to allow Leagues created through MFL to oversee and handle the Funds using LeagueSafe tools. The fees charged by MFL for League creation can be paid from the Funds managed by LeagueSafe Management. When a League created through MFL enrolls in LeagueSafe, LeagueSafe will retain an amount equal to the fees charged by MFL from the Funds managed by LeagueSafe Management as soon as Members have made sufficient League-related payments to meet the total amount charged by MFL. At the end of the Regular Season, LeagueSafe will make a payment to MFL totaling the MFL fees charged for each MFL League enrolled in LeagueSafe.

In some circumstances, a League created through MFL and its participating Members may be offered a promotional credit or discount for enrolling their League in LeagueSafe. In these instances, LeagueSafe will pay to MFL the difference between the standard MFL fee and the promotional MFL fee withheld from the Funds.

This feature is voluntary, and is offered as a free service as a convenience for LeagueSafe Members. LeagueSafe does not charge or retain any additional fees associated with this feature.

8. Winnings and Payouts

Allocation of Winnings

Once the Post-season has started, Commissioners may allocate League winnings to Members (“Funds Allocation”). Winnings are allocated from the League to the Member when the terms of the League’s Payout Rule are met.

If the terms of the League’s Payout Rule require a vote of the League’s Membership, Members may vote during a Waiting Period defined by the Season type selected by the League Commissioner. For seasons classified by LeagueSafe

as Office Pools or Short-Season Fantasy Leagues, Members may vote for forty-eight (48) hours. For all other seasons, Members may vote for seven (7) days. After the Waiting Period has expired, non-voting Members automatically cast an abstention and the Funds Allocation will pass or fail based on the votes cast. Rules for abstentions can be found in “Abstentions” in Section 5.

When the required voting criteria for a Funds Allocation are met, funds are then allocated to Members.

In the event that the required voting criteria for a Funds Allocation are not met, the Funds Allocation will not occur, and the Commissioner must create a new Funds Allocation.

In the event that the Commissioner does not initiate a Funds Allocation, or the required voting criteria for a Funds Allocation are not met, within sixty (60) days after the start of the Post-season, a Member may contact customer service via the link found at the bottom of most pages of the LeagueSafe Site to initiate an Allocation Request. Upon approval of a majority of League Members, the League balance on the date of the Allocation Request will be allocated to Members pro rata based on amounts originally paid into the League.

Receiving Payouts

Winnings that have been allocated to a Member may be paid out at any time, at the request of the Member (“Payout”). Members must make a Payout request using the prompts on the Website.

Preseason. DURING THE PRESEASON, MEMBERS MAY RECEIVE REFUNDS IN ACCORDANCE WITH THE REFUND POLICY.

Regular Season. LeagueSafe's goal of providing oversight and transparency for activities relating to League funds helps ensure that nobody "runs off with the money" or easily removes their funds from the League early (in the event of a poor start to the season, for example). LeagueSafe allows Members to make League-related payments until the applicable payment deadline of each applicable season, after which no funds will be paid out or allocated to Members until the Post-season begins.

Post-season. Once the Regular Season has ended, the Post-season begins, and LeagueSafe is ready to begin processing Commissioner-requested allocations of winnings to Members within one (1) business day of the end of the Regular Season.

During the Post-season, Funds can be allocated from the League to Members by following these steps:

) The Commissioner fills out the Funds Allocation form on the LeagueSafe site.
) If the League's Payout Rule does require a League vote, a vote is held to ratify the Funds Allocation proposed by the Commissioner. Until the Funds Allocation is ratified, Payouts cannot be made. If the Commissioner changes the Funds Allocation form, any previous votes are erased, and new a Funds Allocation vote is launched.
) Once the criteria in Step 2 have been met, funds are allocated to Members, at which point a Member may request a Payout.

Members with a positive balance can receive a Payout by clicking “Request a Payout” from the top of the Member’s Home Page.

Payout Methods

Members may choose from a variety of methods for receiving Payouts. These include electronic bank transfer, paper check, printable eCheck, Virtual Visa Prepaid Card and Gift Card Reward.

The costs associated with each of these options are outlined below.

Gift Card Reward	No cost
Virtual Visa Prepaid Card	No cost
Printable eCheck	$3.00
Paper check (next-day processing)	$4.00
Electronic bank transfer	$5.00

In the event that a Payout sent by postal service is returned to LeagueSafe, LeagueSafe may opt to hold the Funds and continue to display the amount in the Member’s account, minus a $9.95 service fee.

Virtual Visa Prepaid Cards

The merchants represented are not sponsors of the rewards or otherwise affiliated with LeagueSafe. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms of service.

Upon selecting and confirming the Virtual Visa Prepaid Card Payout option, Members will receive a promocode from LeagueSafe via email. Members will be given instructions on how to redeem their promocode for a Virtual Visa Prepaid Card. The Virtual Visa Prepaid Card is governed by the Terms of Service of the program.

Virtual Visa Prepaid Card promocodes expire after four (4) months. Once activated, Virtual Visa Prepaid Cards expire in seven (7) months. After seven (7) months, the card balance expires.

Printable eCheck

Upon selecting and confirming the printable eCheck Payout option, Member will receive a link from LeagueSafe via email. Member will be given instructions on how to retrieve their printable eCheck via a website provided by our third party printable eCheck provider, Deluxe Small Business Services, Inc. (“Deluxe”).

The Deluxe printable eCheck is governed by the Terms and Conditions of the program.

Deluxe printable eChecks are void after ninety (90) days.

Payout Limit

No Member may receive a Payout of $10,000 or more in any thirty (30) day period. Remaining balances may be paid out in subsequent months. Additionally, at LeagueSafe's discretion, Payouts may be delayed if there are indications of risk, fraud, or criminal activity.

Refund Policy

IF THE COMMISSIONER HAS SET A LEAGUE PAYMENT DEADLINE, LEAGUESAFE HONORS REFUNDS ANY TIME PRIOR TO THE LEAGUE PAYMENT DEADLINE. MEMBERS WHO WISH TO REQUEST A REFUND MUST NOTIFY LEAGUESAFE PRIOR TO THE LEAGUE PAYMENT DEADLINE. AFTER THE LEAGUE PAYMENT DEADLINE, REFUNDS ARE NOT ALLOWED UNLESS APPROVED BY THE LEAGUE COMMISSIONER.

IF NO LEAGUE PAYMENT DEADLINE HAS BEEN SET, LEAGUESAFE HONORS REFUNDS ANY TIME PRIOR TO THE SEASON PAYMENT DEADLINE. MEMBERS WHO WISH TO REQUEST A REFUND MUST NOTIFY LEAGUESAFE PRIOR TO THE SEASON PAYMENT DEADLINE. REFUNDS ARE NOT ALLOWED AFTER THE SEASON PAYMENT DEADLINE, UNLESS AUTHORIZED BY THE COMMISSIONER.

Refund requests should be made by contacting customer service via the “Help” link found at the bottom of most pages of the LeagueSafe site, or by clicking the following: https://help.leaguesafe.com.

Taxes

It is the sole responsibility of each Member to determine the applicability of any taxes that may be due as a result of participation in a League. LeagueSafe is not responsible for tax advice, calculation of taxes that may be due, or reporting tax data to any agency. This applies to all agencies and levels of government.

9. Paid In Funds; Appointment of Collateral Agent

LeagueSafe Management’s sole purpose is to retain and manage all Funds pursuant to these Terms, and to distribute all such Funds pursuant to instructions from LeagueSafe in accordance with these Terms. LeagueSafe, LeagueSafe Management, SportsHub Games Network, Inc., and SportsHub Reserve, LLC (the “LeagueSafe Parties”) are not financial institutions and should not be viewed as such. The LeagueSafe Parties make no guarantees or representations as to whether funds paid to LeagueSafe Management are insured by the Federal Deposit Insurance Corporation or any other deposit insurance entity.

When Funds are contributed toward a league balance, the Funds are not transferred in or out of separate LeagueSafe Management (“LSM”) accounts, but rather an accounting notation is made tracking the league's total balance of contributed funds. Any reference to an account or balances is solely a method for accounting for amounts to be paid to the Members under these Terms and Conditions and is not a trust fund of any kind. Each Member permanently and irrevocably grants and assigns to LeagueSafe Management all right, title and interest to the Funds and any earned interest or other earnings that may be derived from Funds. All Funds and all earnings on the Funds that are paid to LeagueSafe Management pursuant to these Terms will be the sole and exclusive property of LeagueSafe Management. No Member or League will be paid any interest or earnings by LeagueSafe Management on any Funds. Each Member hereby irrevocably authorizes the LeagueSafe Parties to manage all such funds in their sole and absolute discretion. The funds held by LeagueSafe Management may be pooled into one or more accounts or investments in the name of any of the LeagueSafe Parties and/or their banking and investment partners. This pooling of funds paid by Members has no effect on Member or League balances. This pooling of funds paid by Members has no effect on the accounting for Member or League balances. Each Member agrees that the Funds may be subject to pledge agreements and other secured transactions as deemed appropriate in the sole discretion of LeagueSafe Management and the LeagueSafe Parties pursuant to any Investment Policy adopted by LeagueSafe Management.

LeagueSafe Management has granted a continuing and unconditional first priority security interest (“Security Interest”) in the Funds and all proceeds thereof (the “Collateral”) to LeagueSafe, (“Collateral Agent”), that secures its contractual obligations to allocate and disburse LeagueSafe Management’s funds to Members and Leagues in accordance with these Terms. The Collateral Agent is not a fiduciary or trustee over LeagueSafe Management’s funds, but only having the duty to create, maintain, perfect and enforce the Security Interest in the Collateral. Member further acknowledges and understands that the Collateral Agent is fully authorized to grant any additional security interests, liens or encumbrances in the Collateral as are deemed appropriate, in its sole and exclusive discretion, by the LeagueSafe Entities as it may relate to the investment of the Collateral.

Further, Member acknowledges that neither SportsHub nor any of its members, managers, directors, officers, agents, attorneys, shareholders, or employees (the “SportsHub Parties”) shall incur any liability, and the Member will hold such SportsHub Parties harmless, under or in respect of these Terms by acting upon any notice, consent, certificate or other instrument or writing providing direction from the Member, a Commissioner or a League and believed by any of the SportsHub Parties to be genuine or by acting upon any representation or warranty of the Member, Commissioner or League made or deemed to be made hereunder.

10. Referral Program

LeagueSafe’s Referral Program is a process by which a Member (“Referring Member”) may earn certain incentives (“Referral Incentive”) when a non-Member (“New User”) creates a previously unregistered league (“New League”) on LeagueSafe that meets certain criteria (“Qualifying Criteria”). Referring Member must maintain an active LeagueSafe account in good standing to earn Referral Incentives.

Qualifying Criteria varies from time to time. LeagueSafe will define and disclose the Qualifying Criteria to Members on the LeagueSafe website. Qualifying Criteria may include the New League meeting certain League balance and payment thresholds. The current Qualifying Criteria are described below.

To participate, a Member becomes a Referring Member by providing New User(s) a personal referral link (“Unique Link”), available on the website. If the New User uses Referring Member’s Unique Link and creates a New League, Referring Member is eligible to receive the Referral Incentive that LeagueSafe has defined for the selected season. Once the Qualifying Criteria have been met by the New User’s New League, LeagueSafe will allocate an amount equal to the Referral Incentive to Referring Member.

Each New User that clicks on a Unique Link and creates a New League is also eligible for an incentive (“New User Incentive”). Upon creation of a New League, LeagueSafe will add an amount equal to the New User Incentive defined for the selected season to the balance of New League.

Prior to the end of each Season, LeagueSafe will verify that Qualifying Criteria have been met for each New League. If Qualifying Criteria have not been met, an amount equal to the New User Incentive for the applicable Season will be removed from New League’s balance.

Each Member’s Unique Link expires after one hundred (100) uses. LeagueSafe reserves the right to disqualify a Referring Member from participating in the Referral Program after the expiration of Referring Member’s Unique Link.

LeagueSafe may provide various tools to help Referring Members disseminate their link. Referring Members may also share their Unique Link via email and social media. NOTE THAT IF YOU SHARE YOUR UNIQUE LINK YOU MUST TELL POTENTIAL NEW USERS THAT YOU ARE ELIGIBLE TO RECEIVE A REFERRAL INCENTIVE IF NEW USER REGISTERS FOR LEAGUESAFE AND CREATES A NEW LEAGUE. Failure to disclose this information is a violation of these Terms and LeagueSafe may immediately terminate your participation in the Referral Program, disqualify you from participating in the Referral Program in the future, and cause the forfeiture of any Referral Incentives.

LeagueSafe reserves the right to modify or discontinue the Referral Program either temporarily or permanently (or any part thereof) at any time with or without notice. LeagueSafe will not be liable to any Member in the event of any modification, suspension or discontinuance of the Referral Program.

Qualifying Criteria

The New League must have a balance of at least $250 at the League’s applicable payment deadline for the applicable season.
At least five (5) unique Members make payments relating to the New League.

11. Compliance with Unlawful Internet Gambling Enforcement Act of 2006

LeagueSafe has been designed with the goal of adding oversight, transparency, and convenience to fantasy leagues, office pools, and other similar pastimes. LeagueSafe is not to be used as a tool to aid gambling. Further, as described in the Eligibility section of these Terms, Leagues must comply with the definition of “fantasy or simulation sports game” as described in the Unlawful Internet Gambling Enforcement Act.

12. Additional Obligations

Identity Validation

You agree to allow LeagueSafe to make inquiries necessary to validate your identity. This may come through direct contact with you by LeagueSafe, SportsHub, or third parties.

Unauthorized Transactions

You agree to regularly examine the transaction history tied to your LeagueSafe account, located on the user home page of the LeagueSafe website.

You agree to contact LeagueSafe immediately in the event that any of the following activities have occurred:

Funds have been transferred or allocated to or from your account without your consent.
Without your consent, someone has logged into your LeagueSafe account.
Your password has become known to anyone else.

Members who need to begin a claim process with LeagueSafe regarding an unauthorized transaction should contact LeagueSafe’s customer service. When a Member files a claim, LeagueSafe reserves the right to suspend any League-related payments, refunds, Commissioner Reimbursements, or Funds Allocations for the duration of the claim process.

Member Communication

Financial transparency is a significant element of LeagueSafe’s feature set, and as such, Member communication is deemed to be an important element of its charter. Members agree that they may be contacted via postal mail to a street address, via email to an email address, via phone, and via postings on the LeagueSafe website. Notices sent via email and the website are considered to have been received within twenty-four (24) hours of their delivery. YOU CAN OPT OUT OF MARKETING COMMUNICATIONS BY UTILIZING LINKS PROVIDED WITHIN OUR MARKETING EMAILS. You understand and agree that certain communications remain necessary to ensure the proper administration of the Website and contests offered therein.

Message Board and Forum Etiquette

For the convenience of each League, LeagueSafe offers message boards which allow Members to leave messages for one another. The content of these messages are self-governing, and are not monitored by LeagueSafe. Members' comments should reflect the values and standards of their specific League. However, if in the sole opinion of LeagueSafe, should a Member use the message board to threaten, harass, or defame Members, or engage in any of the Restricted Activities listed above, LeagueSafe reserves the exclusive right to perform any of the following responses:

Refuse service to the offending Member.
Refuse service to the offending League.
Remove the message board feature for a particular Member.
Remove the message board feature for a particular League.

Spending Limitations

LeagueSafe has a variety of fraud and identity theft countermeasures built into its systems. These measures are designed for legal compliance and Member safety. For those reasons and others, LeagueSafe reserves the right to impose limits on the amount of money that can be associated with any transaction.

Intra-League Disputes

LeagueSafe is never responsible for resolving disputes between a Commissioner and League Members, or between League Members. LeagueSafe always recommends that intra-League disputes be resolved internally. In the event of a dispute that cannot be resolved between Commissioners and/or League Members, wholly at its own discretion, LeagueSafe may choose to take the actions (including inaction) it deems, in its sole discretion, most appropriate to protect the integrity of the League's funds.

Assignment and Reassignment

The rights and obligations described in these Terms are non-transferable. Members may not assign or reassign any of these Terms without the prior written approval of LeagueSafe and/or SportsHub. LeagueSafe and/or SportsHub reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time without limitation.

13. Account Inactivity

A Member's account is considered to be inactive when a member has not made a transaction of any kind in twenty-four (24) months. A transaction comprises any payment to LeagueSafe via credit or debit card, eCheck, or Balance Allocation, or a Payout from LeagueSafe. A refunded payment is not considered a transaction. Beginning on the first day of the twenty-fifth (25th) month of inactivity and every subsequent month of inactivity, a $15.00 service fee will be deducted from the inactive Member’s balance.

A League account is considered inactive when no members have made any transactions of any kind in twenty-four (24) months. A transaction comprises any League-related payments via credit or debit card, eCheck, or Balance Allocation, or an allocation of amounts to Members. Beginning on the first day of the twenty-fifth (25th) month of inactivity and every subsequent month of inactivity, a $15.00 service fee will be deducted from the inactive League's balance.

14. Restricted Activities

By using the LeagueSafe Site and Services in any manner, duration, and for any intent, you agree that you will not:

Provide inaccurate or false information.
Refuse to confirm your identity, if asked.
Allow anyone else to use your LeagueSafe account for any purpose.
Use another Member’s LeagueSafe account for any purpose.
Use any credit cards, debit cards, bank accounts, or other financial instruments which are invalid or do not legally belong to you.
Perform any act that allows for the laundering of stolen or fraudulent currency.
Take any action that could cause LeagueSafe to lose the services of its payment processors, suppliers, or technical resources.
Perform actions that are reasonably deemed hostile to LeagueSafe's technical infrastructure.
Use LeagueSafe to collect and redistribute any Member information.
Use any mechanism to hide or alter your or any other MEMBER's IP address. This includes, but is not limited to, "spoofing" or "anonymizing".
Violate any laws, statutes, ordinances, regulations, or legally-binding restrictions.
Breach any LeagueSafe trademarks, copyrights, patents, or any other intellectual property rights, including the rights of privacy and publicity.
Take actions that could be construed as unlawfully threatening, harassing, or defamatory.
Refuse to cooperate in any investigation, if asked.
Use LeagueSafe in a manner inconsistent with Section 2 “Acceptable Use”.
Use the account of another Member who is performing any Restricted Activities.
Use your account in a fashion that is reasonably believed to be in violation of the credit card regulations used by LeagueSafe's credit card company partners.
Provide a cash advance to yourself from your own credit cards.
Use the LeagueSafe Service from any country not outlined in the Eligibility section.
Disclose other Members' account information.
Use the site in conjunction with any automated process. This includes, but is not limited to, automated methods of data entry and "screen scraping".
Copy any portion of the LeagueSafe website without prior written approval.

For any person in violation of any Restricted Activities, LeagueSafe may attempt to protect itself, individual Members, its Membership at large, its service providers, and third-parties by performing a variety of actions, as permitted by law. These include, but are not limited to, the following list.

LeagueSafe may in its sole discretion:

Update Member account information to correct inaccuracies.
Refuse service, or terminate or suspend all or part of a Member’s access to the Site or Services.
Withhold funds for up to one hundred and eighty (180) days if in the sole discretion of LeagueSafe, such actions are necessary in order to protect the interests of LeagueSafe or any of its parents, subsidiaries, affiliates, agencies, officers, directors, employees, or shareholders, or representatives of any of the foregoing, from liability.
Take legal action against any person.
Close Member accounts.
Limit Member availability to funds.
Contact a Member's bank(s), credit card issuer(s), credit rating firms, and any other financial institution deemed appropriate in the sole judgment of LeagueSafe.
Contact any third party who has an interest in the Member's Restricted Activities.
Contact law enforcement.

15. Termination or Suspension

LeagueSafe may terminate or suspend all or part of the Site or Service and your Member account immediately, without prior notice or liability, if you breach any of these Terms. Upon termination of your account, your right to use the Site and Services will immediately cease.

If you wish to terminate your LeagueSafe account, please contact us at customerservice@fanball.com. If your LeagueSafe account shows a balance, you will be asked to request a Payout prior to termination.

LeagueSafe reserves the right to terminate these Terms, and all access to the LeagueSafe Site or Services for any reason, in the sole judgment and discretion of LeagueSafe. In the event of such termination, notice will be sent to the affected Member, and LeagueSafe will permit in its sole discretion the Payout of any unrestricted funds.

LEAGUESAFE MAKES NO PROMISE, AND DISCLAIMS ANY OBLIGATION, TO MONITOR ACTIVITY THAT MAY BE IN VIOLATION OF ANY OF THE TERMS HEREOF, OR PROVIDE A “WARNING” OR ADVANCE NOTICE OF ANY REMEDY TAKEN OR TO BE TAKEN BY LEAGUESAFE AS A RESULT OF ANY VIOLATION.

16. Indemnity

You agree to release and to indemnify, defend and hold harmless the LeagueSafe Parties the SportsHub Parties, and their respective parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, or actions of any kind whatsoever arising or resulting from your use of the Site or Services, your violation of these Terms, your receipt, ownership, use, or misuse of any winnings, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. LeagueSafe reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LeagueSafe in the defense of such matter.

17. Disclaimer of Warranties

You expressly understand and agree that your use of the Site and Services is at your sole risk. The Services are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that LeagueSafe has no control over, and no duty to take any action regarding: which Members gain access to or use the Site or Services; what effects the Site or Services may have on you; how you may interpret or use the Site or Services; or what actions you may take as a result of having been exposed to the Site or Services. You release LeagueSafe from all liability for you having accessed or not accessed the Site or Services. The Site or Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. LeagueSafe makes no representations concerning any content contained in or accessed through the Site or Services, and LeagueSafe will not be responsible or liable for the accuracy, copyright compliance, legality, or decency or material contained in or accessed through the Site or Services.

18. Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE OR SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE LEAGUESAFE PARTIES NOR THE SPORTSHUB PARTIES, EACH OR ANY OF THEM, NOR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, ATTORNEYS, SHAREHOLDERS, OR EMPLOYEES, OR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY (EVEN IF LEAGUESAFE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICES; THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID, OR INACCURATE PAYMENT INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS, OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, PAYMENT, IMAGES, OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING, OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEAGUESAFE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LEAGUESAFE FOR GENERAL USE OF THE SITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY PAYMENTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

19. Conflict Resolution

Arbitration. In the event of any dispute, claim, question, or disagreement arising from or relating to these Term & Conditions, the Master Terms, or the services of LeagueSafe, SportsHub Game Network, Inc., LeagueSafe Management, MFL, and the affiliated parties or related to the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognize their mutual interests and attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act via email or telephonic means by a single arbitrator chosen by the American Arbitration Association; provided that, in the event that any party’s claim exceeds $100,000, exclusive of interest and attorneys’ fees, the dispute shall be heard and determined by three arbitrators instead of a single arbitrator, named in accordance with such rules and shall be located in Minneapolis, Minnesota. The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Each party shall be responsible for his/her/its own costs and attorneys’ fees, and the Arbitrator shall have no right to make an award to the contrary.

Class Action Waiver. Arbitration shall be the exclusive means by which disputes pertaining to these Terms and Conditions may be resolved. Neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member, or (b) to join or consolidate Claims with Claims of any other persons. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Class Action Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator.

Electing Arbitration. A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested.

NOTHWITHSTANDING THE FOREGOING, IN THE EVENT OF A DISPUTE BETWEEN A PARTICIPANT AND A LEAGUE, THE DECISION OF THE COMMISSIONER OF SUCH LEAGUE SHALL BE FINAL.

20. Miscellaneous

Relationship

Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and LeagueSafe or any of its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

Amendment of Terms

LeagueSafe reserves the right to amend these Terms in its sole discretion at any time by reasonable notice, which includes without limitation, by posting revised terms on its website at the URL https://www.leaguesafe.com/terms, which amended terms and conditions shall be binding upon the Member and Leagues.

Governing Law

These Terms and the relationship between you and LeagueSafe shall be governed by the laws of the State of Minnesota.

Waiver and Severability of Terms

The failure of LeagueSafe to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms by LeagueSafe shall not be deemed to constitute a further or continuing waiver of such right or provision or any other right or provision.

If any of these Terms is to any extent determined by a court of competent jurisdiction to be illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Entire Agreement

These Terms (and the Master Terms and any additional terms, rules, and conditions of participation that LeagueSafe or SportsHub may post on the Site) constitute the entire agreement between you and LeagueSafe with respect to the Site and Services and supersedes any prior agreements, oral or written, between you and LeagueSafe. In the event of a conflict between these Terms and the Master Terms or any additional terms, rules, and conditions of participation, these Terms shall control for purposes of the LeagueSafe Site and Services.