Please read these terms carefully before using aiSports as they affect your legal rights and obligations. This agreement is subject to binding arbitration and a waiver of class action rights as detailed in Section 29.
The following Terms of Service ("Terms") set forth the terms and conditions of the agreement between you, an individual user ("You") and LocalFriend, LLC (doing business as "aiSports") in conjunction with aiSports' offering of an Web Application to assist in participation in fantasy sports contests ("the Service") through our website or app (collectively, the "Site"), and govern your rights and responsibilities with respect to your use of the Service.
For the purposes of this Terms of Service, unless otherwise noted, all references to aiSports include LocalFriend, LLC.
The Service provides you with access to fantasy sports services. You can participate in Contests, where you select a team of players using your skill and knowledge of professional sports. Winners are determined based on participants' ability to predict the performance of professional athletes over the course of real-world sports events according to the rules set for each Contest.
Users may participate in:
Free Contests: Contests that do not require an entry fee.
Paid Contests: Contests requiring an entry fee, typically paid using aiSports' native token, $JUICE.
Fantasy Leagues: Typically season-long competitions, which may also involve entry fees or buy-ins (often paid in $JUICE or other permitted digital assets).
FastBreak All-In: A service built upon the separate, third-party "FastBreak" fantasy game. Users who have already entered a FastBreak contest can participate in a corresponding FastBreak All-In contest on our Service by paying an entry fee (initially in $FLOW, potentially other cryptocurrencies). Winners, determined solely based on the results published by the FastBreak smart contract, split the total prize pool generated from entry fees, minus a 2.5% service fee retained by aiSports. This service is offered as beta software and carries specific risks detailed in Section 5.
For paid Contests and Fantasy Leagues requiring buy-ins, aiSports utilizes its "Fantasy Vaults" service, a blockchain-powered escrow feature built on the Flow blockchain (detailed further in Section 4). This mechanism is designed to securely hold entry fees or buy-ins (such as $JUICE tokens or other permitted digital assets) using smart contracts and facilitate automated prize distribution based on the rules of the specific Contest or League.
A user who chooses to organize a Contest or League (an "Organizer") sets the rules, including duration, entry requirements, and prize structures. When setting up a season-long League utilizing Fantasy Vaults, the Organizer may also be referred to as a "League Manager." Organizers may choose to offer prizes to their respective Contest or League winner(s).
By using the Service, particularly paid Contests or Fantasy Vaults, you acknowledge and agree to the terms outlined herein, including those specific to the Fantasy Vaults mechanism described in Section 4.
You agree that you assume all risks related to aiSports Contests, Fantasy Vaults, the FastBreak All-In service (including its reliance on the third-party FastBreak contract), and the underlying blockchain technologies (including the Flow blockchain) that are outside of aiSports' direct and unilateral control. This includes risks associated with smart contract execution, blockchain network performance, and reliance on data or results provided by third-party protocols or contracts (like FastBreak). Further, you waive any and all liability against aiSports for your participation in Contests, use of Fantasy Vaults, or use of the FastBreak All-In service, and agree to hold aiSports harmless for any and all claims related to your participation or use of the Services (as consistent with these Terms).
aiSports may choose to offer prizes in the form of Dapper Credit or NBA Top Shot Packs, which will be issued by a 3rd party. These prizes are not guaranteed by aiSports, and aiSports does not assume any liability if you do not receive the credit as stated on the site. Prizes may also be awarded in the form of $JUICE tokens, $FLOW tokens, or other crypto-assets.
There may be aspects of functionalities or services offered through LocalFriend, LLC (DBA aiSports) that are nonetheless not available via the Site. aiSports may decide to implement such restrictions or fail to incorporate such functionalities or services for various reasons, including concerns related to its own legal liability or for any other reason at all our own sole and absolute discretion.
Your use and enjoyment of the Service may involve the use of various crypto-assets and blockchain technology, including our native token $JUICE and others like $FLOW. For example, some contests may allow for the granting and reception of crypto-assets and/or "non-fungible tokens," or real-world or digital prizes whose ownership is recorded and transacted via a blockchain network ("NFT(s)"). Participation in these aspects of the Service may require you to pay transactional fees required by the underlying blockchain or distributed ledger service ("Blockchain Fees"). These Blockchain Fees are not levied directly by aiSports, but rather are determined by your use of the Service and the underlying blockchain network according to the rules placed by that network's community at large. You acknowledge that aiSports does not directly receive Blockchain Fees and agree that Blockchain Fees do not constitute consideration for your use of the Service or participation in any Contest. You further acknowledge that aiSports has no control over Blockchain Fees (including, without limitation, their applicability, methods of payments, actual payments, amounts, transmission, and effectiveness) whether related to your use of the Service or otherwise, and agree that in no event will aiSports be responsible to you or any other party for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees. You acknowledge and agree that the facilitation and operation of Contests, Fantasy Vaults, FastBreak All-In, and all aspects of crypto-asset transmissions (including without limitation $JUICE, $FLOW, and NFTs) are facilitated exclusively by the relevant Protocol(s) and related blockchain technology, and that aiSports does not:
receive any crypto-asset for transmission or transmit any crypto-asset (other than potentially distributing prizes won on the platform);
store, hold, or maintain custody or control of any virtual-asset on behalf of others outside the automated function of the Fantasy Vaults smart contracts;
buy and/or sell crypto-assets as a customer business;
perform crypto-asset exchange services as a customer business; or
control, administer, or issue any crypto-asset, with the specific exceptions of issuing its own native $JUICE tokens and its branded aiSports NFTs as part of the Service (e.g., as prizes or platform features);
You understand and acknowledge that the value of crypto-assets, including without limitation $JUICE, $FLOW, and NFTs, are highly volatile by nature, frequently fluctuate in value, and that we cannot, nor do not, control nor make any guarantee regarding the financial or other success of your efforts. Your participation in contests involving crypto-assets should be viewed as pursuing a prize or engaging in a recreational activity, and you warrant and represent that your participation is not primarily with a view to capture profit or financial gain from the price-volatility that may be associated with any particular crypto-asset or NFT.
aiSports offers the "Fantasy Vaults" feature as part of its Service. This feature utilizes smart contracts on the Flow blockchain to create digital vaults that serve as an escrow for entry fees or buy-ins for paid activities. This service is utilized for short-term Daily Fantasy Contests, longer-term season-long Fantasy Leagues ("Leagues"), and the FastBreak All-In service (as detailed in Section 5). By using this service for either purpose, you agree to the following terms:
Fantasy Vaults, and any services built directly upon it, are currently offered as beta software, meaning it is still under active development and testing. As with any beta software, there may be bugs, errors, and unforeseen issues that could affect the functionality of the service. This includes the potential loss of assets held in escrow (like $JUICE tokens or other digital assets), failed transactions, or incorrect payouts. This beta status and associated risks apply regardless of whether the Vault is used for a Daily Contest, a Season-Long League, or the FastBreak All-In service. You acknowledge and accept that by using Fantasy Vaults during its beta phase, you are participating in a service that is not fully tested, and you agree to assume all risks, including but not limited to:
Loss of entry fees, buy-ins, or other assets due to software bugs or technical failures;
Delays or failures in escrow payouts;
Incorrect or misallocated payouts;
Potential vulnerabilities in the smart contracts.
aiSports makes no guarantees regarding the reliability, security, or accuracy of the Fantasy Vaults service during this beta phase. You understand that the use of this service is at your own risk and that you may lose some or all of the assets you deposit into a Fantasy Vault.
Organizers may create a Fantasy Vault for their Contest or League, inviting participants to contribute entry fees or buy-ins (e.g., $JUICE tokens, other specified digital assets). Organizers can define the terms, including entry requirements (which may involve holding a specific NFT), duration, and the rules for distribution/payouts.
For Daily Contests & FastBreak All-In, the escrow duration is typically limited to the Contest's duration (often a single day or game slate).
For Leagues, the escrow duration is typically season-long (potentially many months), as defined by the Organizer (League Manager).
Participants agree to abide by the rules set by the Organizer. aiSports provides the platform and mechanism but does not govern or enforce individual Contest or League rules beyond the automated function of the smart contract.
The Fantasy Vaults service is powered by the Flow blockchain. All entry fees/buy-ins held and payouts distributed are processed through smart contracts. Transactions initiated on the blockchain generally cannot be modified or reversed by aiSports. By participating, you accept that assets are subject to the smart contract terms and that transactions are facilitated exclusively by the Flow blockchain. Any associated transaction fees ("Blockchain Fees") are your responsibility and are not controlled by aiSports.
Payouts will be distributed automatically by the smart contract according to the Organizer's predefined rules.
For Daily Contests, this typically occurs automatically shortly after the Contest concludes and results are finalized.
For Leagues, payouts typically occur at the conclusion of the League season or as otherwise specified in the rules set by the Organizer (acting as League Manager).
For FastBreak All-In, payouts are triggered after the results from the corresponding third-party FastBreak contest are finalized on the blockchain, with distribution occurring generally within two (2) business days of such finalization, according to the rules in Section 5.
Once payouts are executed on the blockchain, they are generally irreversible. Users are responsible for ensuring their wallet addresses and other relevant information are correct. aiSports is not responsible for errors due to incorrect user-provided information or inherent smart contract behavior.
By using the Fantasy Vaults service, you acknowledge and agree that aiSports provides only the platform and the technical means for managing vaults and executing buy-ins and payouts. aiSports does not manage, control, or possess any funds or assets held in Fantasy Vaults smart contracts, nor is it liable for the success, fairness, or outcome of any Contest or League. You further acknowledge that all transactions carried out using blockchain technology are final, irreversible, and governed by the terms of the smart contract associated with each Vault. You agree to release aiSports from any liability associated with the failure of any Vault, smart contract, or blockchain process, or issues arising from dependencies like the FastBreak contract (See Section 5), including but not limited to failed transactions, incorrect payouts, or disputes between Organizers and Participants. You acknowledge that aiSports makes no guarantees regarding the security, reliability, or availability of the Flow blockchain or any external services used to manage NFTs or buy-ins. You specifically agree that aiSports is not responsible for any loss of assets or funds due to software bugs, errors in the smart contract, or other risks associated with the beta release of Fantasy Vaults.
This section details the specific terms governing your participation in the "FastBreak All-In" service. By participating in FastBreak All-In, you explicitly agree to these terms in addition to all other terms in this document.
FastBreak All-In is an optional service that operates on top of the independent, third-party "FastBreak" fantasy game and its associated smart contracts (e.g., "FastBreakV1"). To be eligible to enter a specific FastBreak All-In contest, you must have already successfully entered the corresponding contest directly on the FastBreak platform, and your entry must be verifiable on the Flow blockchain. FastBreak All-In allows eligible users to pay an additional entry fee (initially denominated in $FLOW, potentially other specified cryptocurrencies) into an aiSports Fantasy Vault.
Winners of a FastBreak All-In contest are determined solely and exclusively based on the final, on-chain results published by the relevant FastBreak smart contract for the corresponding underlying FastBreak contest. aiSports does not determine winners independently and relies entirely on the data provided by the FastBreak contract. The total collected entry fees for a specific FastBreak All-In contest form the prize pool. aiSports will retain a 2.5% service fee from this total prize pool. The remaining prize pool (97.5% of total entries) will be distributed proportionally among all verified winners as determined by the FastBreak contract results. Payouts from the Fantasy Vault will typically be processed within two (2) business days after the results of the underlying FastBreak contest are considered final and immutable on the Flow blockchain.
THE FASTBREAK ALL-IN SERVICE IS PROVIDED AS EXPERIMENTAL BETA SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. It is undergoing testing and may contain bugs, errors, vulnerabilities, or unforeseen issues. Participation is entirely at your own risk. There is a significant risk of losing your entire entry fee due to software errors, smart contract vulnerabilities (in either aiSports' Vaults or the underlying FastBreak contracts), blockchain issues, incorrect payout calculations based on faulty FastBreak data, or other problems. aiSports provides absolutely no guarantee regarding the security, functionality, or availability of the FastBreak All-In service or the safety of your funds. DO NOT PARTICIPATE IN FASTBREAK ALL-IN WITH ANY FUNDS YOU ARE NOT PREPARED TO LOSE ENTIRELY.
aiSports has no control over, and assumes no responsibility or liability for, the operation, accuracy, timeliness, or reliability of the third-party FastBreak game or its smart contracts. If the FastBreak contract provides incorrect, delayed, or manipulated results, the payouts for the corresponding FastBreak All-In contest will reflect that incorrect data. aiSports will not manually correct payouts based on perceived errors in the FastBreak results. Any disputes regarding the outcome of the underlying FastBreak contest must be addressed with the operators of FastBreak, if possible; aiSports cannot intervene or alter outcomes based on external data.
You are solely responsible for ensuring that your participation in the FastBreak All-In service, including the payment of entry fees in cryptocurrency (e.g., $FLOW) and the receipt of potential winnings, complies with all applicable laws and regulations in your jurisdiction.
Participation in Daily Fantasy Contests, FastBreak All-In, and use of related services (including those involving crypto-assets like $JUICE or $FLOW) is subject to compliance with all applicable laws and regulations. Users are solely responsible for ensuring their participation complies with local laws in their jurisdiction, including those related to fantasy sports, gambling, and digital assets used in services like FastBreak All-In. aiSports reserves the right to restrict or prohibit access to contests or services in regions where such participation is deemed illegal or requires specific licensing we do not possess.
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.
These Terms, as may be updated from time to time, and which include Privacy Policy and game rules incorporated by reference herein, constitute the entire agreement between you and LocalFriend, LLC (DBA "aiSports") with respect to the Site. These Terms supersede any prior agreements, oral or written, between you and LocalFriend, LLC (DBA "aiSports"). To the extent there is any conflict between the language directly stated in these Terms and any provision of the Privacy Policy and/or game rules, the language directly written into these Terms shall have superseding effect. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provisions. The failure of LocalFriend, LLC (DBA "aiSports") to exercise or enforce any right or provision of these Terms will not constitute a waiver of such, or any other, right or provision.
LocalFriend, LLC (DBA "aiSports") reserves the right, at its sole discretion, to modify or replace the existing Terms at any time. Each time we modify or replace the Terms, we will note the date of the most recent update at the top of this document. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the aiSports Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications. If you do not agree to any such modifications we may make to the Terms from time to time, your only recourse is to discontinue your use of our Site and Services.
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the aiSports Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with these Terms.
Further, you represent and warrant that:
You are the age of majority in your jurisdiction of residence (this is at least 18 in most states of operation, 19 years of age in Alabama and Nebraska, and 21 years of age in Arizona, Iowa, Louisiana and Massachusetts). Prizes will only be awarded to players who have reached the age of majority. Age verification may be required.
You are not a citizen or resident of a prohibited country for the type of Contest in which you are participating, nor, at the time of submitting your entry, are you physically located in a prohibited country for the type of Contest in which you are entering. This means, specifically, as follows: YOU ARE NOT A CITIZEN OR RESIDENT OF THE BALKANS, BELARUS, BURMA, COTE D'IVOIRE (IVORY COAST), CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, LIBERIA, NORTH KOREA, SUDAN, SYRIA, OT ZIMBABWE ("Prohibited Jurisdictions"), NOR, AT THE TIME OF SUBMITTING AN ENTRY, ARE YOU PHYSICALLY LOCATED IN ANY OF THESE PROHIBITED JURISDICTIONS.
You are not a person identified as a "Specially Designated National" by the United States Office of Foreign Asset Control ("OFAC"), your participation in the Service or any Contest will not violate any rule or law enforced by OFAC, and your participation in the Service or any Contest will not violate any other applicable law or rule enforced by any other governmental authority of competent jurisdiction (failure to meet any of these requirements will cause you to be a "Prohibited Person").
You are not a citizen or resident of a prohibited state for the type of Contest in which you are participating, nor, at the time of submitting your entry, are you physically located in a prohibited state for the type of Contest in which you are entering.
For any contest available to the general public in which a prize is offered, you are not a principal, operator, officer, employee, director, contractor or agent of LocalFriend, LLC.
For any contest available to the general public in which a prize is offered, you do not, by virtue of affiliation with any other daily fantasy sports site, have access to the Site's pre-release of non-public confidential data about contest-related information.
You are not an athlete or individual who participates or officiates in a game or competition that is the subject of the fantasy sports competition, nor are you a sports agent, team employee, referee or league official associated with a sport or athletic event that is the subject of the fantasy sports contest.
You will establish only one account to participate in the Service offered on the aiSports Site, and only you will operate the account.
You possess the necessary digital assets for participation in paid Contests, Leagues, or FastBreak All-In if applicable, and you have obtained these assets lawfully.
You will abide at all times by these Terms and any other agreements between you and LocalFriend, LLC (DBA "aiSports").
This list of Prohibited Jurisdictions and states is subject to change based on evolving laws and regulations. You are solely responsible for ensuring that your participation in Contests, Leagues, FastBreak All-In, and use of the Service, including any activities involving cryptocurrencies or tokens like $JUICE and $FLOW, and the use of Fantasy Vaults, is compliant with the laws of your specific jurisdiction.
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, LocalFriend, LLC (DBA "aiSports") reserves the right to suspend or terminate your account or access to the Service.
Further, in the event that LocalFriend, LLC (DBA "aiSports") discovers that you have opened more than one account, in addition to any other rights that aiSports may have, aiSports reserves the right to suspend or terminate any or all of your accounts.
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by LocalFriend, LLC (DBA "aiSports").
By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to create multiple teams within a given contest unless the contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any contest (the term "Collusion" shall include, but is not limited to, working together with another user to better any one entry at the expense of another).
In addition, you agree not to:
abuse, harass, impersonate, intimidate or threaten aiSports, other aiSports users, or other aiSports community members or related blockchain technologies;
use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Contest participant;
use the Site or the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
engage in any conduct likely to deceive or defraud any person, including (without limitation) providing any false, inaccurate, or misleading information with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information in a way that causes inaccuracy among the the Service;
submit any information to the Site or Service (including User Content) that you know or should know to be untrue or otherwise with an intent to deceive or defraud any person or party;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Site, Contest participants or any underlying aiSport's technology;
attack the Website, the Service, or any underlying aiSport's technology via a denial-of-service attack or a distributed denial-of-service attack;
create or submit unwanted email ("Spam") or other form of digital messaging to any other aiSport's user(s);
encourage or induce any third party to engage in any of the activities prohibited under these Terms; and
otherwise attempt to interfere with the reasonably intended and proper working of the Site or Service.
Further, you agree not to submit comments discussing or linking to affiliate programs, multi- level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the Site for any purpose (except for RSS feed access) without our express written permission.
Finally, you agree that you will not:
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass any measures LocalFriend, LLC (DBA "aiSports") may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the revocation of your access to the Service. You acknowledge and agree that LocalFriend, LLC (DBA "aiSports") may remove any User Content and terminate any user's access to the Service at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, LOCALFRIEND, LLC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW. YOU FURTHER CONSENT TO ENTRY OF AN INJUNCTION AGAINST YOU TO BAR ANY SUCH THREATENED OR ACTUAL ATTEMPT, WITHOUT THE NEED FOR LOCALFRIEND, LLC TO POST BOND.
To report abuse of the Site or Service, or violation of these Terms, please contact us at cj@aisportspro.com.
You understand that all content created or posted by users of either the Site or Service (including any artwork or other creative material associated with any NFTs) ("User Content"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will LocalFriend, LLC (DBA "aiSports") be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You represent that you will not use the Site or Service to post, share, email, transmit, or otherwise make available via the Site, or cause to be posted, shared, emailed, transmitted, or otherwise made available via the Site, any User Content that is: infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; or that infringes upon the intellectual property rights of LocalFriend, LLC (DBA "aiSports"), its users, or any third party. You agree at all times to defend, indemnify and hold harmless aiSports, its affiliates, successors, transferees, assignees, and licensees, and its respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.
You acknowledge that LocalFriend, LLC (DBA "aiSports") may or may not pre-screen User Content, but that aiSports and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site or Service. Without limiting the foregoing, LocalFriend, LLC (DBA "aiSports") and its designees shall have the right (but not the obligation) to remove any User Content that violates these Terms or is otherwise objectionable in aiSports' sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant aiSports a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. LocalFriend, LLC (DBA "aiSports") reserves the right, but has no obligation, to monitor disputes between you and other users.
While the Service and underlying blockchain protocols (like those used for Fantasy Vaults) are designed to operate according to predefined rules, it is conceivable that disputes related to Contests, Leagues, or the FastBreak All-In service may nonetheless manifest (e.g., scoring errors, rule interpretations, smart contract issues, third-party data discrepancies). You agree to work in good faith with any other participants and/or the Organizer (where applicable) to reach a mutually satisfactory resolution to any disputes. However, it may be possible that disputes may not be resolvable to the satisfaction of all involved users. You agree to waive all liability against, and to hold LocalFriend, LLC (DBA "aiSports") completely harmless, related to any operation, outcome, dispute, or malfunction of a Contest, League, Fantasy Vault, or the FastBreak All-In service. This includes, specifically for FastBreak All-In, disputes arising from perceived or actual errors, inaccuracies, or delays in the results provided by the third-party FastBreak contract, which aiSports does not control and cannot override. Nonetheless, aiSports reserves the right, at its sole and absolute discretion, to investigate disputes and potentially offer non-binding resolutions or take actions such as contest cancellation or reformation if deemed necessary, though it is under no obligation to do so, especially where the issue stems from an external dependency like FastBreak. If aiSports does choose to intervene in a dispute, you agree that its determination or action, while potentially non-binding, should be considered in good faith.
By using this Site or Service, you agree to provide LocalFriend, LLC (DBA aiSports) with a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, for any purpose, any information provided by you on our Site.
Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Contests facilitated by aiSports, unless otherwise prohibited by law. The types of information we collect, and how we use, store and share that information is further described in our Privacy Policy.
Contest winners agree that, from the date of notification of their status as a potential winner and continuing until such time when notified that they no longer need to do so, they will make themselves available to aiSports for publicity, advertising and promotional activities relating to any contest in which they participate.
Accessing the Service requires connecting via certain Web3 capabilities, such as a crypto-asset wallet compatible with the Flow blockchain and capable of interacting with your web browser ("Web3 Utilities"). You may also need to provide a valid email address and potentially create a username associated with your wallet address (collectively, "Account Information").
You are responsible for maintaining the confidentiality and security of your Web3 Utility (including private keys, seed phrases, and any associated passwords) and your Account Information. You are fully responsible for all activities that occur under your connected wallet address and account, whether by you or others. You shall only operate Web3 Utilities with private keys that you created or have the direct, explicit permission of the party who created the relevant private key(s).
You acknowledge and agree that any Account Information is personal to you and to not provide any other person with access to your Web3 Utility or account. You agree not to take steps to mask your identity, location or demographic information when using the Service. Use particular caution when accessing the Service from a public or shared computer or network. You agree that all Account Information you provide is governed by our Privacy Policy, and you consent to actions consistent with that policy.
You must treat your Web3 Utility private keys, seed phrases, and any passwords as strictly confidential. If you know or suspect your private key or security has been compromised, you must take immediate steps to secure associated assets (e.g., transfer them to a new, secure wallet) and cease using the compromised wallet with our Service. LocalFriend, LLC (DBA aiSports) is not responsible for any loss or compromise of your funds or assets resulting from compromised private keys or inadequate security practices on your part.
We reserve the right to disable any account or wallet address from accessing the Service at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You agree to:
keep your Account Information and Web3 Utility security details confidential;
immediately notify aiSports if you suspect unauthorized use of your account or a security breach related to your interaction with our Site (though we cannot recover lost wallet access or funds); and
use only your authorized Account Information and Web3 Utility to access the Service. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT OR WALLET, YOU WILL BE LIABLE FOR LOSSES INCURRED BY YOURSELF, LOCALFRIEND, LLC, AND OTHERS DUE TO SUCH UNAUTHORIZED USE.
As a result of your registration or use of the Service, you may receive certain communications from aiSports, including transactional messages (e.g., Contest entry confirmations, results, payout notifications) and potentially commercial or promotional messages. You understand and agree that transactional communications are essential to the Service. You may opt out of receiving commercial communications at any time by either using the unsubscribe functionality provided or sending an email to cj@aisportspro.com.
You acknowledge, consent and agree that aiSports may access, preserve and disclose your Account Information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary:
to comply with legal process;
to enforce these Terms;
to respond to claims that any content violates the rights of third parties;
to respond to your requests for customer service; or
to protect the rights, property, or personal safety of LocalFriend, LLC (DBA aiSports), its owners, employees, agents, successors and assigns, its users and the public.
aiSports, in its sole discretion, may disqualify user from the Site or Service, refuse to award fantasy points or prizes, and require the return of any prizes, if an entrant or Organizer engages in conduct aiSports deems to be improper, unfair or otherwise adverse to the operation of the Site, or Service, or in is any way detrimental to other contest entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means (including but not limited to, harvesting bots, robots, parser spiders, or screen scrapers); tampering with the administration of the Service or trying to, in any way, tamper with the computer programs associated with this Service, the Protocol, or the Interface; obtaining other entrants' information and spamming other entrants; engaging in Collusion with other contest participants; abusing the aiSports Site in any way; creating websites mimicking the Site; impersonating aiSports or aiSports personnel (whether in person, online, or through any medium of communication); or using language that in the sole discretion of aiSports is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent aiSports from pursuing criminal or civil proceedings in connection with such conduct.
You will not hold LocalFriend, LLC (DBA aiSports) or its owners, shareholders, members, employees, or affiliates responsible for: any incorrect, invalid or inaccurate entry information; inaccuracies in player eligibility/statistical information on our Site (users should verify independently); human errors; technical malfunctions; failures of public utilities, internet connectivity, or telephone systems; omissions, interruptions, latency, deletions or defects of any network, computer system, data, equipment, server, provider, or software; inability to access the Site or Service; issues arising from the Flow blockchain or other third-party blockchain infrastructure (including congestion, outages, or smart contract errors unrelated to aiSports' specific code); failures, inaccuracies, or delays in data reported by third-party smart contracts relied upon by the Service (such as the FastBreakV1 contract used for FastBreak All-In); theft, tampering, destruction, or unauthorized access to entries or data; data processed late, incorrectly, or lost; typographical or printing errors; or any combination thereof.
LocalFriend, LLC (DBA aiSports) and affiliates are also not responsible for incomplete, illegible, misdirected or stolen entries. If the Service cannot run as planned due to technical issues (virus, bugs, tampering, fraud, blockchain failures, failures in dependent third-party services like FastBreak, etc.), aiSports reserves the right, in its sole discretion, to disqualify implicated individuals and/or cancel, terminate, modify, or suspend the affected Contest, League, Service component, or FastBreak All-In contest. Notification will be posted on the Site if such actions are taken.
Data loss may occur due to server overload or other issues. aiSports assumes no responsibility for temporary or permanent data loss.
The failure of aiSports to comply with these Terms due to acts of God, war, fire, riot, earthquake, terrorism, pandemic/endemic, failure or malfunction of underlying blockchain technology (e.g., Flow blockchain consensus failure), failure of critical third-party services (like FastBreak contract becoming non-functional), actions of governmental authorities beyond aiSports' control (excepting compliance with applicable regulations), or other force majeure events will not be considered a breach of these terms.
In early January of each year, winners who have won $600 or more (net of entry fees) in cash or equivalent value over the previous calendar year may be contacted to provide necessary information (like address and Social Security Number or Taxpayer Identification Number) for aiSports to file IRS Form 1099-MISC or other required tax forms.
Paying taxes on all winnings, including those paid in cash, Dapper Credit, $JUICE tokens, $FLOW tokens, NFTs, or other crypto-assets, shall be the sole obligation of each user. You are responsible for determining any tax implications associated with your activity on the Service, including tracking cost basis, valuing token/NFT winnings at the time of receipt, and reporting requirements for cryptocurrency transactions and potential capital gains or losses according to the laws of your jurisdiction. aiSports does not provide tax advice.
aiSports, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports team or sports league, or with any players association or collection of players. The use of sports players' names in conjunction with their statistics in our contests is intended for informational purposes only and should not be construed as an endorsement of our contests. Similarly, aiSports is not affiliated with, endorsed by, or partnered with the creators or operators of the FastBreak game, other than utilizing its publicly available smart contract results for the FastBreak All-In service.
BY USING THE AISPORTS SERVICE, PARTICIPATING IN ANY CONTEST OR LEAGUE, USING FANTASY VAULTS, PARTICIPATING IN FASTBREAK ALL-IN, OR ACCEPTING ANY PRIZE, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND TO HOLD HARMLESS LOCALFRIEND, LLC (DBA AISPORTS) AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, OWNERS, MEMBERS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY (INCLUDING LOSS OF DIGITAL ASSETS) WHICH MAY BE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE, PARTICIPATION IN THE SERVICE (INCLUDING FANTASY VAULTS AND FASTBREAK ALL-IN), THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE (INCLUDING $JUICE, $FLOW TOKENS OR NFTS), AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOCALFRIEND, LLC (DBA AISPORTS) DISCLAIMS ALL WARRANTIES--STATUTORY, EXPRESS OR IMPLIED--INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, CONTENT, SITE, FANTASY VAULTS, AND THE FASTBREAK ALL-IN SERVICE (INCLUDING ITS BETA STATUS AND DEPENDENCY ON THIRD-PARTY CONTRACTS) IS AT YOUR SOLE RISK. THE SITE AND SERVICE (INCLUDING FANTASY VAULTS AND FASTBREAK ALL-IN) 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 AISPORTS HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR USE THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU ACKNOWLEDGE AISPORTS HAS LIMITED CONTROL OVER THE UNDERLYING FLOW BLOCKCHAIN AND ASSOCIATED SMART CONTRACTS (ESPECIALLY REGARDING THEIR UNINTERRUPTED OR ERROR-FREE OPERATION) AND NO CONTROL OVER THIRD-PARTY CONTRACTS LIKE FASTBREAK. YOU RELEASE LOCALFRIEND, LLC (DBA AISPORTS) FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE, AND FOR ANY LOSSES INCURRED THROUGH YOUR USE OF FANTASY VAULTS, PARTICIPATION IN FASTBREAK ALL-IN, OR INTERACTION WITH THE BLOCKCHAIN OR DEPENDENT THIRD-PARTY CONTRACTS.
THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. AISPORTS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE OR ANY FUNCTIONALITIES ACCESSED THROUGH THE SERVICE, AND AISPORTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.
AISPORTS MAKES NO WARRANTIES REGARDING THE ACCURACY, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF DATA OR SERVICES PROVIDED BY THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO THE FASTBREAK GAME AND THE FASTBREAKV1 SMART CONTRACT USED FOR THE FASTBREAK ALL-IN SERVICE.
INDIVIDUALS ENTERING INTO CONTESTS, LEAGUES, OR FASTBREAK ALL-IN ON OUR SITE MUST CONDUCT THEIR OWN DUE DILIGENCE WHEN SUBMITTING THEIR ENTRIES AND MAY NOT RELY ON ANY INFORMATION ABOUT PLAYER HEALTH STATUS, INJURY STATUS, ROSTER STATUS OR PAST STATISTICAL PERFORMANCE THAT MAY APPEAR ON OUR SITE. INDIVIDUALS MUST ALSO CONDUCT THEIR OWN DUE DILIGENCE AS RELATED TO ANY UNDERLYING BLOCKCHAIN TECHNOLOGY (INCLUDING FLOW AND FANTASY VAULTS SMART CONTRACTS) AND UNDERSTAND THE RISKS ASSOCIATED WITH BETA SOFTWARE AND EXTERNAL DEPENDENCIES LIKE FASTBREAK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF YOUR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
If the User is a California resident, the User expressly and explicitly waives the benefits and protections of California Civil Code § 1542, which states: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL LOCALFRIEND, LLC (DBA AISPORTS), ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AISPORTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE OR SERVICE (INCLUDING FANTASY VAULTS AND FASTBREAK ALL-IN);
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR DIGITAL ASSETS (INCLUDING THOSE IN YOUR WALLET OR TEMPORARILY IN FANTASY VAULTS);
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING OTHER USERS);
ANY LOSS OF JUICETOKENS, FLOW TOKENS, NFTs, OR OTHER DIGITAL ASSETS DUE TO WALLET COMPROMISE, USER ERROR, FANTASY VAULTS (BETA) MALFUNCTION, FASTBREAK ALL-IN (BETA) MALFUNCTION, SMART CONTRACT ERRORS, BLOCKCHAIN FAILURES, OR MARKET VOLATILITY;
LOSSES OR INCORRECT PAYOUTS ARISING FROM ERRORS, INACCURACIES, OR DELAYS IN THE DATA PROVIDED BY THE THIRD-PARTY FASTBREAKV1 CONTRACT OR THE MALFUNCTION/EXPLOITATION OF THE FASTBREAK ALL-IN BETA SERVICE; OR
ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AISPORTS' TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICE (INCLUDING FANTASY VAULTS AND FASTBREAK ALL-IN), REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO AISPORTS FOR SERVICE FEES (SUCH AS THE 2.5% FEE FROM FASTBREAK ALL-IN OR OTHER DIRECT SERVICE CHARGES, EXCLUDING CONTEST ENTRY FEES PASSED THROUGH TO PRIZE POOLS) DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). FOR CLARITY, LIABILITY ARISING SPECIFICALLY FROM THE FASTBREAK ALL-IN BETA SERVICE IS SUBJECT TO THE EXTENSIVE DISCLAIMERS AND RISK ACKNOWLEDGEMENTS IN THESE TERMS, PARTICULARLY SECTION 5 AND SECTION 22.
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. IN SUCH JURISDICTIONS, AISPORTS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
All title, ownership and intellectual property rights in and to the Site and Service (excluding User Content, third-party blockchain elements like Flow itself, and external services like FastBreak) are owned by LocalFriend, LLC (DBA aiSports) or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by aiSports, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site or Service, in whole or in part.
The Site may provide, or third parties may provide, links to third-party sites or resources, including, but not limited to, third-party advertisers, blockchain explorers (like Flowscan), or other related platforms or resources such as the FastBreak game platform. Recognizing that aiSports has no control over such sites and resources, you acknowledge and agree that aiSports is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, nor for the functionality, accuracy, or reliability of services like FastBreak accessed via such links. You further acknowledge and agree that aiSports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource. Your access or use of any third-party sites shall be governed by the terms of use and privacy policies applicable to such sites. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES IS SOLELY AT YOUR OWN RISK.
aiSports may terminate or suspend your access to the Site and any and all Services (including restricting interaction with Fantasy Vaults or FastBreak All-In where technically feasible) immediately, without prior notice or liability, if you breach any of the Terms and/or if we have reason to believe that you are using the Service, including Fantasy Vaults or Contests or FastBreak All-In, to facilitate illegal gambling or other illicit activity separate and apart from the intended use of our Site. Upon termination of your account or revocation of your access, your right to use the Site and Service will immediately cease. aiSports cannot reverse blockchain transactions or forcibly return assets held within a Fantasy Vault smart contract if termination occurs after entry fees are committed, but may prevent future participation. All provisions of these Terms which by their nature should survive termination shall survive termination (See Section 37).
If you wish to terminate your aiSports account, you may simply discontinue using the Site or contact us at cj@aisportspro.com requesting account closure. We will take reasonable steps to deactivate your account profile on our platform, but be aware that blockchain transaction history and data stored on the Flow blockchain related to your past activities (including Vault interactions) are generally immutable and cannot be deleted by us. Our retention of any off-chain account data following termination shall be subject to our Privacy Policy.
If you are the parent or guardian of a minor who you believe has accessed our site in violation of these Terms, please contact us immediately at cj@aisportspro.com, and we will take steps to terminate the associated account access on our platform.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
aiSports may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content on our Site, Service, or Interface infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
aiSports' designated Copyright Agent to receive notifications of claimed infringement can be reached at:
Copyright Agent
LocalFriend, LLC
660 4th St. #123, San Francisco, CA 94107
Email: cj@aisportspro.com
You agree that these Terms and any claim or dispute arising out of or relating to these Terms, the Site, or the Service (including Fantasy Vaults and FastBreak All-In) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. This choice of law applies irrespective of your location or the location where the Service is accessed or used.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by a single arbitrator from the American Arbitration Association ("AAA"), in connection with AAA rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any such arbitration shall be held within a fifty mile radius of San Francisco, CA
You and LocalFriend, LLC (DBA aiSports) agree that the following types of disputes are not subject to this binding arbitration provision:
any disputes seeking to enforce or protect or concerning the validity of either any of your intellectual property rights or aiSports' intellectual property rights;
any claim for injunctive relief; and
any type of dispute that is not eligible for arbitration based upon the applicable law of New York as governs these Terms. All such disputes must be brought before a court of appropriate jurisdiction within a fifty mile radius of San Francisco, CA.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
In addition, you and LocalFriend,LLC (DBA aiSports) agree that any arbitration shall be conducted in the individual capacity only and not as a class action or other representative action, and the parties expressly waive the right to file a class action or seek relief on a class basis. YOU AND AISPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: cj@aisportspro.com. The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, LocalFriend,LLC (DBA aiSports) also will not be bound by them.
aiSports will provide 30-days' notice of any changes to this section. Changes will become effective on the 30th day after provision of the notice, and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and LocalFriend, LLC (DBA aiSports) agree to submit to the personal and exclusive jurisdiction of, and venue in, the federal and state courts located within a fifty mile radius of San Francisco, CA. You further agree to accept service of process by mail or email, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The failure of aiSports to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you under any circumstances, but may be assigned by LocalFriend, LLC (DBA aiSports) without restriction. Any assignment attempted to be made in violation of these Terms shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and LocalFriend, LLC (DBA aiSports) as a result of these Terms or your use of the Site or Service. You further acknowledge that by submitting User Content or participating in Contests/Leagues/Games, no confidential, fiduciary, contractually implied or other relationship is created between you and aiSports beyond that explicitly stated in these Terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, user conduct restrictions pertaining to past actions, indemnity, limitations of liability, choice of law, arbitration/class action waiver, forum selection, and miscellaneous provisions.