Terms of Service
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY (SECTION 13), A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE (SECTION 18), AND CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 19), THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
- This is a Legal Agreement.
These Terms of Service (the "Terms") are a legal agreement between you, on the one hand, and War Memorial Benefit Corporation and its current and future affiliates, including but not limited to WM Dining LLC, WM Music & Entertainment LLC, WM Special Events LLC and WM Sports LLC, (individually a “WMBC Entity”, collectively the "WMBC Entities" and, together with War Memorial Benefit Corporation, “WMBC”, “our”, “we” or “us”), on the other hand, governing your access to and use of the digital platforms, websites and online services that display or provide an authorized link to these Terms (collectively, the "Services"). The Services include, without limitation, any WMBC mobile application and may include content that may be shown or otherwise displayed in or through the Services, including but not limited to WMBC Content (as defined in Section 7), User Content (as defined in Section 3) and Third-Party Materials (as defined in Section 11).
If you are under the age of majority in your jurisdiction of residence, your parent or legal guardian must agree to these Terms on your behalf.
Certain service providers of ours may operate portions of the Services (e.g., SportsEngine, Inc., AXS Digital LLC, etc.) (each, a "Service Provider") and you agree that all Service Providers, their respective successors and permitted assigns, and their respective affiliates are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries hereof.
Please read these Terms carefully before using the Services. It is your responsibility to check these Terms periodically for changes. Your access to and use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not access or use the Services if you do not accept the Terms. Subject to applicable law (which may include the Province of Quebec), we may impose new conditions or amend or modify the Services or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any access to or use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications and shall apply to your access and use of the Services.
- Prohibited Content and Activities.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security/Social Insurance numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Use or attempt to use another's information, account, password, service, or system except as expressly permitted;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. If you commit or cause such violations, we may suspend or terminate your access to the Services for any or no reason at any time without notice.
- User Content and User Submissions.
Certain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information to us or other persons. You remain fully responsible for the content, data and other materials that you provide to us or others in connection with the Services, including without limitation information, audio recordings, videos, photographs, documents, or other materials (collectively, "User Content"). You represent and warrant that you own the User Content or you have the necessary rights to provide the User Content pursuant to these Terms, and with respect to any works of authorship you represent and warrant that they are original works. You agree not to provide User Content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
- Violates a person's right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity, including an WMBC representative, a current or former WMBC player, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
- Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or solicitation of any kind;
- Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
- Contains epithets or other language or material intended to intimidate or to incite violence; or
- Violates any applicable local, state/provincial/territorial, national, or international law, or advocates illegal activity.
We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, state/provincial/territorial, national, or international law.
By providing us User Content, you grant us a royalty-free, fully paid up, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, disclose, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (in its entirety or any portion thereof) for any purpose, in any manner to the extent permitted by law, and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent and warrant that you have obtained all necessary permissions from any entity or person (and, in the case of minors, also from their parents or legal guardians as appropriate) identified in, displayed in or implicated by your submission of User Content (including those shown in photographic or video content).
If you do not want to grant us permission to use your User Content in accordance with these Terms, please do not provide it to us on our Services. By providing your User Content to us, you agree to these Terms.
We are not obligated to publish or use your User Content. The posting or publishing of any User Content, WMBC Content or Third-Party Material is not in any way intended to and does not state, suggest, or imply endorsement by WMBC, including as to the truth, validity, or reliability of the User Content, WMBC Content or Third-Party Material. WMBC is not responsible for any User Content or Third-Party Material and have no duty to monitor the User Content or Third-Party Material posted on the Services. Any use of information contained in User Content, WMBC Content, or Third-Party Material is at your own risk. WMBC and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content, WMBC Content, Third-Party Material, or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any access or use by you of the Services, any User Content on the Services, or these Terms. You shall not post or continue to post any User Content that we have previously advised you not to post.
You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and WMBC or between you and WMBC’s third party providers other than as expressly set forth in these Terms. You acknowledge that WMBC is not responsible for, and cannot and do not guarantee, the accuracy, completeness, or reliability of information in any User Content, WMBC Content or Third Party Material. You are solely responsible for your interactions with other users of the Services. You may use various features (e.g., the "Flag" within comments sections) to report violators within the User Content. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his/her/or their User Content and any legal liability that he/she/they may incur.
- Subscription Services.
- Subscription Services. This section applies to Services offered by WMBC that require creation of a subscription account and, if applicable, payment of a fee ("Subscription Services"). It does not apply to subscription services offered by third parties, even if those services include content owned by WMBC. Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms.
- Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with the WMBC and paid the appropriate fee (if applicable); (ii) have established your access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party's use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
- Devices and Minimum System Requirements. Some Subscription Services are accessible only using certain devices that meet certain minimum system requirements. You should investigate Subscription Services before you pay for access to them to ensure that they will be compatible with your device, because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. For some devices, the payment for Subscription Services may be processed by the third-party provider through which you purchased or obtained your device ("Device Provider"). Those payments (and any potential refunds) will be governed by the Device Provider's terms, including its cancellation and refund policy. Other restrictions, including restrictions on the availability of the devices or the Subscription Services in certain countries, may apply.
- Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time upon providing you reasonable prior notice. However, if you breached or violated any obligations under these Terms, we may terminate your access to the Subscription Services with immediate effect and without notice to you. If we terminate your access to the Subscription Services, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, including a right to any refunds, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
- Billing and Payment.
- Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you have reached the age of majority in your jurisdiction of residence, that all information you submit is true and correct (including all credit or debit card information), and that you are the authorized holder of the applicable credit or debit card.
- Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes (including any applicable VAT tax). WMBC (or, where applicable, its Service Providers or your Device Provider) reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
- Sales Tax. For certain purchases made via the Services, WMBC (or, where applicable, its Service Providers) is required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Services are not exempt from sales or use taxes simply because they are made from the Internet or because WMBC is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including but not limited to whether the seller is present in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by WMBC and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by WMBC and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected by WMBC in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the Services may be reported and paid on an Oklahoma individual income tax return, currently Form 511 or by filing a consumer use tax return, currently Form 21-1. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the Services may be reported and paid on a South Dakota Use Tax Form, currently Form 1350, available with corresponding instructions on the South Dakota Department of Revenue website.
- From time to time, a third party monetization partner of WMBC (“Third Party Monetization Partner") may handle the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, such Third Party Monetization Partner will act as the merchant of record on our request. The services of such Third Party Monetization Partner are subject to the terms and conditions of such Third Party Monetization Partner, which are hereby incorporated by reference (provided, however, that in the event of a conflict these Terms shall govern).
- Automatic Renewal
- Monthly Subscription Services. For Subscription Services billed on a monthly basis, your subscription will (subject to applicable law, which may include the Province of Quebec) automatically renew on a monthly basis at the then-current month’s regular full monthly price, unless you cancel your Subscription Service at any time prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in your applicable account on the Services will be charged on or about the same date each month of your subscription as set forth in this subsection. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in your applicable account on the Services may be charged. If you wish to cancel a Subscription Service, you may login to your applicable account on the Services and follow the applicable instructions. Please see the Cancellation and Refund Policy Section below for details regarding refunds.
- Yearly Subscription Services. For Subscription Services billed on an annual basis, you will be billed once in connection with your signing up for the Subscription Services, and your subscription will (subject to applicable law, which may include the Province of Quebec) automatically renew on an annual basis at the then-current year's regular full year price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in your applicable account on the Services will be charged in connection with the start of each year of your subscription as set forth in this subsection. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in your applicable account on the Services may be charged. If you wish to cancel a Subscription Service, you may login to your applicable account on the Services and follow the applicable instructions. Please see the Cancellation and Refund Policy Section below for details regarding refunds.
- SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), UNLESS YOU NOTIFY US IN ADVANCE OF THE BEGINNING OF THE NEXT APPLICABLE BILLING PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES (INCLUDING APPLICABLE VAT TAXES) USING ANY CREDIT OR DEBIT CARD STORED IN YOUR APPLICABLE ACCOUNT ON THE SERVICES. WE WILL PROVIDE YOU WITH ADVANCE NOTICE OF AUTO RENEWAL OF ANY SUBSCRIPTION SERVICE IN ACCORDANCE WITH APPLICABLE LAW.
- Special Notice for Users Residing in Germany:
- You can opt for Subscription Services with a duration of one month, one year, or an indefinite duration.
- The Subscription Services start on the date of your subscription. Subscription Services that have a fixed duration of one-month or one-year will be converted into Subscription Services of an indefinite duration at the end of that fixed period, unless you cancel the subscription as indicated below.
- You can cancel Subscription Services for an indefinite duration by providing a notice one month in advance of the date you wish us to cancel it. If you cancel the Subscription Services before the end of the applicable billing period, you will be able to continue using the services for the remaining days for which you were billed.
- Monthly Subscription Service: You can subscribe to a Subscription Service for a duration of one month starting from the day on which you subscribed. If you do not cancel your subscription before the end of that month, your subscription will be converted into a Subscription Service of an indefinite duration and will continue to run until you cancel it. You will be billed on a monthly basis at the then-current month’s regular full monthly price. The primary credit or debit card you have stored in your applicable account on the Services will be charged on or about the same date each month of your subscription. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in your applicable account on the Services may be charged.
- Yearly Subscription Service: You can also subscribe to a Subscription Service on an annual basis, starting from the day on which you subscribed. You will be billed for that entire year in one payment. If you do not cancel your annual subscription it will continue to run until you cancel it, and you will be billed again for the next year at the then-current year’s regular full year price. You may cancel your subscription at any time and WMBC (or its Service Providers) will honor your request and refund any unused portion of your subscription on a pro-rated basis.
- Trial Subscriptions. Access to a Subscription Service may from time to time be made available on a time-limited free trial basis (a "Trial Subscription"). Please note that these Terms apply to a Trial Subscription. You may be asked to provide your credit or debit card information when registering for a Trial Subscription. In such event, your credit or debit card will only be charged if you do not cancel your Trial Subscription before the end of the Trial Subscription period. By subscribing for a Trial Subscription, you: (i) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person; (ii) acknowledge that the Trial Subscription is intended to permit you to assess the Subscription Services for consideration of a full subscription to the paid Service (a "Paid Subscription"); and (iii) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Subscription Service during the Trial Subscription period will also be subject to such other terms and conditions and such other terms and conditions shall be incorporated into the Terms; and (iv) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT AFFIRMATIVELY CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBSCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A PAID SUBSCRIPTION AND ON THE SAME BILLING CYCLE AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR TRIAL SUBSCRIPTION; PROVIDED THAT WMBC MAY IN ITS SOLE DISCRETION WAIVE ANY SUBSCRIPTION FEES FOR THE TRIAL SUBSCRIPTION PERIOD.
- Cancellation and Refund Policy. Except as described below, and subject to applicable laws (which may include the Province of Quebec), (i) WMBC (and its Service Providers) do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason; and (ii) requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
- If we are unable to post a refund to your credit card, including because your credit card account is closed or otherwise unavailable when we attempt to post the refund, or if we allege that you have violated these Terms (including for clarity, the Third Party Monetization Partner terms and conditions), you agree that you will forfeit the amount due to you (if any) under this paragraph.
- If you made an in-app purchase (e.g., iOS/App Store, Android/Google Play, AndroidTV and FireTV) refunds must be requested from the applicable online store in accordance with the refund policies of that store.
- Video Services and Blackout Restrictions.
Blackout restrictions may apply to Services which allow you to watch video of live games or highlights. IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION WILL BE APPLIED TO YOUR CREDIT OR DEBIT CARD; YOU MAY BE SUBJECT TO LEGAL ACTION; AND WMBC RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
- Registration for Non-Subscription Services.
You may be asked to register for certain activities in connection with the Services, including those Services other than Subscription Services (see Section 4 for a discussion of Subscription Services). When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. WMBC has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any applicable password and username that you are given or select, and you are responsible for all activities that occur under your applicable password or account.
- Intellectual Property.
All content, information, computer code, software, and any other materials that are part of the Services other than your User Content or Third-Party Materials (collectively, the "WMBC Content") and the Services are the property of WMBC. You may access, use, and display the Services, but only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
- Copyright and Other Intellectual Property Rights. Certain of the WMBC Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the WMBC Content and/or Services are owned by WMBC or its third-party licensors to the full extent permitted under the United States Copyright Act, Canadian Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the WMBC Content or the Services. To obtain written consent to use WMBC Content or any other work owned or controlled by WMBC, please contact us using the information in Section 26. Any unauthorized use of the WMBC Content or the Services is a violation of these Terms.
- Trademarks and Service Marks. You acknowledge and agree that (i) War Memorial Benefit Corporation’s and the WMBC Entities’ logos and marks, as well as other proprietary indicia of War Memorial Benefit Corporation and the WMBC Entities depicted in connection with the Services and the WMBC Content are the property of War Memorial Benefit Corporation and/or the applicable WMBC Entity, respectively, and may not be reproduced or used commercially without the prior written consent of WMBC or its designee, which may be requested via the contact information provided in Section 26.
- Notice of Infringement. WMBC respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WMBC’s designated agent for notice of claims of copyright is:
War Memorial Benefit Corporation
DMCA Agent – General Counsel
One Panther Parkway
Sunrise, FL 33323
Phone: (954) 260-9499
- Embedding Content. The Services may allow you to embed WMBC Content into other web pages. Any and all use of embedded WMBC Content must be for non-commercial purposes only and may be disabled by WMBC at any time and for any reason or for no reason at all. Prohibited commercial uses include any of the following actions taken without the express written approval of the WMBC:
- Selling access to embedded WMBC Content on another website;
- Using embedded WMBC Content for the purpose of gaining advertising, subscription, or other revenue, or for any commercial purpose;
- Creating a website that does nothing more than aggregate a collection of embedded WMBC Content and intentionally trying to generate ad revenue from it;
- Using embedded WMBC Content that the WMBC finds, in its sole discretion, competes with or displaces the Services.
- Embedding Content. The Services may allow you to embed WMBC Content into other web pages. Any and all use of embedded WMBC Content must be for non-commercial purposes only and may be disabled by WMBC at any time and for any reason or for no reason at all. Prohibited commercial uses include any of the following actions taken without the express written approval of the WMBC:
You must not establish a link to our Services in any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services.
The Services and all other materials offered via the Services, including but not limited to WMBC Content, User Content, and Third-Party Materials, if applicable, are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works of them.
- Linking to our Services.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be "framed" to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in Section 3 of these Terms.
- Change or Termination.
WMBC may change or terminate these Terms for any reason at any time, for example to reflect changes in laws or regulatory requirements, and such changes will be binding upon you when you next use a Service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice, subject to Section 4. Subject to applicable law (which may include the Province of Quebec), WMBC also reserves the right to modify the price of any Services or any other products offered via the Services. WMBC is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in WMBC’s sole discretion.
- Links and Third Party Content.
You may choose to purchase merchandise, content, subscriptions, or other products or services from others, such as third-party merchants, marketplaces, app stores, platforms, and others (collectively, "Merchants"), including Merchants that are linked to or otherwise accessible through the Services. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. We are not responsible for losses or damages of any kind resulting from such purchases, and we make no representation or warranty regarding purchases through any Merchant.
- Disclaimer of Warranties.
IF APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED OR STATUTORY WARRANTIES IN THESE TERMS TO APPLY TO YOU, SUCH EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE WMBC CONTENT AND THE THIRD-PARTY MATERIALS, IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES OR THE WMBC CONTENT OR THIRD-PARTY MATERIALS. THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE WMBC CONTENT AND THIRD-PARTY MATERIALS, ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY WMBC. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WMBC CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. WMBC DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY WMBC CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR WMBC CONTENT. WMBC MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OR CANADA. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF WMBC SHALL CREATE ANY WARRANTY.
- Exclusive Remedy and Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITY, WILL WMBC, OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "WMBC PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WMBC CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE WMBC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WMBC PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE WMBC WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST WMBC WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.
You agree to indemnify, hold harmless, and defend the WMBC Parties, and each of their respective officers, owners, directors, shareholders, contractors, agents and representatives, employees, general and limited partners, members, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your access to or use of the Services (including, without limitation, your User Content and your use of any WMBC Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violation of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from access to or use of the Services. You shall not settle any such claim without the prior written consent of WMBC. These obligations will survive any termination of these Terms.
- Integration and Severability and Amendment.
These Terms constitute the entire agreement between WMBC and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. WMBC in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your access to or use of the Services after such amended Terms are posted will constitute acceptance of them by you. WMBC may be required to notify you of certain events concerning the Services and your access to or use thereof, and your access to or use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.
- No Waiver.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
- Assignment and Binding Effects.
You may not assign these Terms or any rights or obligations herein without the prior written consent of WMBC and any attempted assignment in contravention of this provision is null and void and of no force or effect. WMBC has the right to assign these Terms, and any of their rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
- Dispute Resolution and Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
For purposes of these Sections 18-20, "WMBC" shall include the War Memorial Benefit Corporation, the WMBC Entities (as defined herein) and their respective successors, owners, general and limited partners, shareholders, members, directors, officers, employees, agents and representatives. Notwithstanding any other provision in these Terms, you and WMBC agree and acknowledge that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act will govern their interpretation and enforcement and any proceedings relating to such interpretation or enforcement.
Definition of Dispute.
Mandatory Informal Pre-Dispute Resolution Process.
Before initiating an arbitration proceeding, you or the WMBC must give the other party notice of the Dispute by providing a written "Notice of Dispute" that is personally signed by you (if you are initiating the Notice of Dispute) or an WMBC representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address), and account information if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.
You must send any such Notice of Dispute to WMBC by email to email@example.com. We must send any such Notice of Dispute to you at the email address we have on file for you. You and WMBC agree to attempt to resolve the Dispute through informal, good faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and WMBC agree to participate in an effort to resolve the Dispute. Should WMBC make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, WMBC agrees to have a representative attend this conference (with counsel, if WMBC is represented).
Compliance with this "Mandatory Informal Pre-Dispute Resolution Process" is a condition precedent to initiating arbitration. Neither you nor WMBC may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Pre-Dispute Resolution Process and seek relief in arbitration.
Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and WMBC engage in this Mandatory Informal Pre-Dispute Resolution Process in an effort to resolve the Dispute.
Small Claims Court.
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Informal Pre-Dispute Resolution Process or small claims court shall be resolved by binding arbitration to be held in Broward County, Florida, United States of America.
The arbitration shall be administered by the American Arbitration Association ("AAA") and heard by a single, neutral arbitrator. The AAA shall administer the arbitration in accordance with the AAA's applicable rules including the supplementary rules ("AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on the NHL by email to firstname.lastname@example.org. If WMBC is initiating arbitration, WMBC shall serve the demand at the email address that we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Mandatory Informal Pre-Dispute Resolution Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The AAA Rules shall govern the payment of all arbitration fees. You and WMBC agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in these Terms and (2) issues related to the scope and enforceability of the arbitration provisions.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must follow these Terms and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and WMBC otherwise agree, one person's claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and WMBC agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction in Broward County, Florida, United States of America, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and WMBC’s representative shall personally appear at any hearing ordered by the arbitrator (along with your and WMBC’s counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and WMBC’s representative shall personally appear (along with your and the WMBC’s counsel, if represented). The parties can agree to waive a hearing.
Additional Procedures for Multiple Case Filings.
The following provisions set forth additional procedures that apply to multiple case filings. If fifty (50) or more similar claims are asserted against WMBC by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply and the resolution of your Dispute might be delayed.
- Stage One: Counsel for the claimants and counsel for WMBC shall each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of an initial staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge and WMBC 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 WMBC shall each select seventy-five (75) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge, and WMBC shall pay the mediator's fee.
Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties otherwise agree in writing. If your claim is not resolved as part of the staged process set forth above, either:
- Option One: You and WMBC may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to WMBC by email at email@example.com within thirty (30) days after the conclusion of Stage Two. WMBC may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.
- Option Two: If neither you nor WMBC elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved through continued staged proceedings as set forth below. Assuming the number of remaining claims exceeds two hundred (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. Each of these 200 cases shall be assigned to a single, different arbitrator. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected 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 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 the AAA 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.
Any relevant limitations period and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Multiple Case Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Multiple Case Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment and collection of arbitration fees. If these Additional Procedures for Multiple Case Filings apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.
• Opt Out of Future Changes.
If WMBC makes any future change to the arbitration provisions in this Section 18 (other than a change to the notice address), you may reject any such change by sending WMBC a personally signed, written notice of your decision to opt out of those changes by email to firstname.lastname@example.org within thirty (30) days of notice of the change and include your full name and your mailing address, telephone number, and email address, and a description of when and how you interacted with WMBC. Such opt out 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 that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.
- Class Action Waiver and Jury Trial Waiver.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
You and WMBC agree that, to the fullest extent permitted by applicable law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WMBC may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WMBC may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WMBC may participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and WMBC waive any right to a jury trial.
- Choice of Law and Venue.
Subject to applicable law (which may include the Province of Quebec), these Terms and any Disputes between you and WMBC will be governed by the laws of the State of Florida without regard to its principles of conflicts of laws.
Unless you and WMBC agree otherwise, to the fullest extent permitted by applicable law (which may include the Province of Quebec), the state and federal courts of Broward County, Florida shall have exclusive jurisdiction over any Disputes between you and WMBC (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms (including the arbitration provisions and class action waiver). You and WMBC consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Separate Terms and Conditions.
In connection with your access to or use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before accessing or making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any access to or use of the Services, unless otherwise expressly stated.
- NHL Services Purchased through the Apple App Store; Apple Not a Party.
BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree to these Terms, you must not access or use any of the Services. WMBC may change the terms of this Agreement at any time, and your access to or use of Services after such change is posted will mean that you accept such change.
- Notice for California Consumers.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Contact Information.
Please direct any questions, complaints, or claims related to the Services or your access to or use of the Services to:
War Memorial Benefit Corporation
Attn: General Counsel
One Panthers Parkway
Sunrise, FL 33323