Terms of Service

Last Updated: August 1, 2024

These Terms of Service (“Terms”) apply to your access and use of the mobile application, websites, and other online products and services (collectively, the “Services”) provided by Locker Room Sports, LLC (“LRS,” “Company,” “we,” “us,” or “our”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 30. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.

2. Changes to Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms in the LRS App, Services, or via email. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

3. Eligibility and Account Creation

To use certain features of the Services, you may need to create an account. You agree to provide accurate and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Our Services are designed for users who are at least 13 years old and their respective Parents or Guardians.

• Our Services may create a digital wallet for NFTs (non-fungible tokens) when a user subscribes to the LRS Service.
• To use our Services, you must be at least 13 years old. If you are under the age of 18, you must have your parent or legal guardian’s consent to use the Services.
• Parental or Guardian Oversight: If you are a minor, you are required to obtain consent from a parent or legal guardian before creating an account or using our digital wallet services. By creating an account and using the Services, you and your parent or guardian confirm that consent has been provided.
• If you are under 18, your parent or guardian will have access to oversee and manage your account in conjunction with their own Guardian account tied to your gallery, locker, and trading-card content.
• Account Security: It is the responsibility of the account holder, or their parent or guardian, to maintain the security of their account credentials and digital wallet. We are not responsible for any unauthorized access to the account or digital wallet resulting from failure to secure login information.
4. Parental Consent for Minors

Our Services are designed for users who are at least 13 years old and their respective Parents or Guardians. If you are at least 18 years of age and you are the legal parent or guardian of a minor that will be using the Services, you must create a Guardian account which will provide you access to the minor’s information and content. As the parent or guardian of a minor who wishes to use the Services and upload content, you must provide explicit consent for the minor’s use of the Services and the submission of content. By providing consent, you agree to be bound by these Terms and assume responsibility for the minor’s use of the Services, including any content they upload.

• If you are under 18, you must have the consent of your parent or guardian before using the Services and sharing any social media links.
• By using the Services and submitting content, you represent and warrant that you are at least 13 years old or have obtained parental or guardian consent.
• By providing consent, parents or guardians agree to these Terms and assume responsibility for the minor’s use of the Services and the sharing of social media links.
• If you are a minor, you must obtain parental or guardian consent before owning, using, or interacting with NFTs through the Services. By providing consent, parents or guardians agree to these Terms and assume responsibility for the minor’s use of NFTs and the Services.

IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY MINOR USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH MINOR’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH MINOR USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICE BY THE MINOR USER. You acknowledge that LRS may choose, but is not obligated, to make any inquiries, either directly or through third parties, that LRS deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. LRS reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT LRS CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND LRS IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT OR GUARDIAN USER, OR TO VERIFY THAT A PARENT OR GUARDIAN IDENTIFIED BY A MINOR USER DURING REGISTRATION IS SUCH MINOR USER’S ACTUAL PARENT OR GUARDIAN. A Parent or Guardian User account, along with all associated Minor User accounts, may be terminated by LRS at any time and without warning for any failure to abide by these Terms.

5. Sharing Social Media Links

The Services allow users, including minors, to share social media links with others. Users should be aware that shared links may be visible to other users of the Services. We advise that users, particularly minors, exercise caution when sharing social media links and be mindful of the content they are linking to.

6. Digital Wallet and NFTs
• Purpose and Use: A digital wallet that may be provided through the Services is intended for the storage and management of NFTs. NFTs are digital assets that represent ownership of unique items or content and can have value. Use of the digital wallet is subject to the limitations and features provided by the Services.
• NFT ownership and use may have implications for privacy and security. We advise users, particularly minors, to exercise caution and understand the nature of NFTs and their associated risks.
• Restrictions: Minors may be restricted from purchasing, selling, or transferring NFTs without parental consent. Certain features or transactions may require additional verification or approval from a parent or guardian.
7. Intellectual Property

All content and materials provided in the Services, including but not limited to text, graphics, logos, and software, are the property of Locker Room Sports, LLC or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Services without our express written permission.

8. Profile and PIN Security

If you register for an account and receive or establish a PIN, you must provide accurate registration information and promptly update this information if it changes. You also must maintain the security of your account or PIN, and promptly change your PIN or notify us if you discover or suspect that someone has accessed your account or used your PIN without your permission. If you permit others to use your account or PIN, you are responsible for the activities of such users that occur in connection with such use.

9. Content Upload and Sharing
• User Content: When you submit Athlete pictures or videos to any of the LRS Platforms, you retain ownership of what you uploaded or created for the Athlete’s gallery. By uploading this content to the LRS Platforms, you grant a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content within the LRS Platforms or LRS affiliate network. Content from the Athlete’s gallery which is then authenticated becomes minted NFT’s and will appear in the Athlete’s Locker. A finite number of minted NFT copies are distributed to the Athlete, Coach, a non-Athlete Content Contributor, LRS and LRS affiliated organizations. An athlete can use their minted NFT content from their Locker to create Athlete Trading Cards that are also minted with a similar limited distribution of minted copies. Athletes are also able to trade a limited number of their Trading cards with peers. The transfer of these trading card copies conveys ownership rights of that minted copy of the trading card to the recipient receiving it.
• User Sharing Content: The Services allow users, including minors, to share content with each other. However, users should be aware that once content is shared, it may be visible to other users according to their athlete gallery access settings and peers with whom a trading card copy has been exchanged. We encourage users and their parents or guardians to be mindful of the type of content shared and to understand the potential visibility of such content.
• Minors’ Content: If you are a minor, any content you upload must be done with the consent of your parent or guardian. We reserve the right to remove content that violates these Terms.
• Social Media Links: Minors may share social media links only with the approval of their parent or guardian. We do not guarantee the security of third-party social media platforms.
10. Privacy and Data Collection
• Data Collection: We collect personal information to provide and improve our services. We will not collect or use personal information from minors without proper consent and will take steps to delete such information upon request or as required by law. We comply with applicable data protection laws.
• Minors’ Privacy: We are committed to protecting the privacy of minors. We do not knowingly collect personal information from users under 13. We collect, use, and share information about minors in accordance with our Privacy Policy and applicable laws, such as COPPA (Children’s Online Privacy Protection Act) or similar regulations.
• Parent or Guardian Oversight: The Parent or Guardian of any participating minor must provide and oversee the use of information relevant to that minor. If we discover that a minor under 13 has provided personal information without Parent or Guardian oversight, we will delete it promptly.
• Data Rights: Parents or guardians have the right to access, modify, or delete their minor’s personal information. Requests for data access or deletion should be directed to our support team.
11. Responsibility of Parents and Guardians

Parents and guardians are responsible for supervising the minor’s use of the Services and ensuring that any content uploaded by the minor complies with these Terms and applicable laws. Parents and guardians are responsible for overseeing their minor’s use of NFTs and the Services. We recommend that parents and guardians:

• Regularly review their minor’s use of the Services and engage in discussions about online safety.
• Discuss online safety and responsible behavior with their children.
• Review and manage the minor’s privacy settings and content-sharing preferences.
• Discuss the nature of NFTs, including their value and potential risks, with their children.
• Review and manage their minor’s NFT ownership and interaction settings.
• Contact us if they have any concerns about their minor’s use of the Services, shared content, or use of NFTs or any related issues.
12. Conduct and Content

Behavior:

• Minors and Adults must adhere to our community guidelines and terms of use.
• Any inappropriate behavior or violation of our terms may result in account suspension or termination.

You may not:

• Upload content that is illegal, harmful, or infringing on intellectual property rights.
• Engage in fraudulent or deceptive practices.
• Use the Services to distribute malware or engage in unauthorized data collection.
13. Content Moderation

We reserve the right to review, monitor, and remove any content submitted by minors or otherwise, at our sole discretion. Content that violates these Terms or is deemed inappropriate or harmful may be removed or flagged for review.

We implement content moderation measures to review, monitor, and address content shared by minors. This includes:

• Regularly reviewing shared content to ensure compliance with these Terms.
• Removing or moderating content that is deemed inappropriate, harmful, or in violation of these Terms.
• Implementing filters and reporting tools to enable users to flag inappropriate content.
14. Termination of Access
• We reserve the right to terminate access or restrict the ability of any user, including minors, to share content or social media links if we believe that they have violated these Terms or engaged in inappropriate behavior. This may include removing any content or links shared by the user and disabling their account.
• If we determine, at our sole discretion, that a minor has used the Services or submitted content without appropriate consent, we reserve the right to terminate access to the Services and delete any content submitted by that minor.
15. “Be Nice” Policy
• We expect all users to interact respectfully. Harassment, hate speech, and abusive behavior are strictly prohibited.
• We expect you to respect the rights and dignity of others. In accessing or using the Services, you must not post, provide, publish, upload, download, display, use, share, distribute or otherwise make available: (a) any Content that meets any of the following criteria or (b) any Content to, from or through any other web site or service that meets any of the following criteria:
  • is threatening, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libelous, fraudulent, offensive, inappropriate, obscene, pornographic, vulgar or otherwise objectionable;
  • violates any applicable law, rule or regulation, or could give rise to legal liability;
  • violates or infringes any right(s) of ours or of any other person, firm or entity (including contractual and fiduciary rights, copyrights, trademarks, and rights of privacy and publicity);
  • interferes with, destroys or disrupts the Service or any hardware or software through which the Service is made available (including via a virus, worm, malware, spyware, Trojan horse or other similar code, file, or program);
  • contains any unauthorized or unsolicited ideas or submissions, offers, advertising, promotional materials, surveys, “junk” or bulk mail, “spam,” chain letter,” “pyramid schemes,” investment opportunity, petitions, or other forms of solicitation;
  • impersonates any person, firm or entity, including any of our employees, partners, licensors, licensees or suppliers;
  • is misleading or false, or falsely implies an endorsement by us, our affiliates, employees, partners, licensors, licensees or suppliers;
  • presents a significant risk to public safety or promotes the dangerous or unlawful use of ammunition, explosives, firearms, weapons or other similar materials;
  • involves or helps promote unlawful gambling, sports betting, horse or greyhound racing, or any other similar activity;
  • violates any code of conduct or other guidelines applicable to any other area of the Service;
  • includes forged headers or data or creates accounts through unauthorized means (such as an automated bot, script, device spider, scraper or crawler); or
  • manipulates identifiers or other data in order to disguise the origin of any Content or to manipulate or disguise your presence on the Service.
• We have the right (but not the obligation) to pre-screen or monitor any Content or any user’s access to or use of the Service, and to remove or block access to (e.g., by way of settings) any Content for any reason, or suspend or terminate any user’s access to or use of the Service for any reason (including for violations of our “Be Nice Policy” or any other provision of these Terms). We have no responsibility or liability with respect to any Content, including for any actions that we may take with respect to any Content that we determine violates these Terms.
16. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein (excluding User Content), are owned by LRS or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

17. Trademarks

LRS, our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of LRS and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

18. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about LRS or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in LRS sole discretion. You understand that LRS may treat Feedback as nonconfidential.

19. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and LRS;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell, or commercially use our Services;
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law;
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose LRS or others to any harm or liability of any type.

Enforcement of this Section 19 is solely at LRS discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 19 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

20. Digital Millennium Copyright Act (DMCA); Repeat Infringer Policy; Copyright Complaints

If you believe that your copyrighted work has been infringed, please follow our DMCA notice procedure to report it.

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify us at LRS Customer Service, 2215 Kelle Dr., #102, Chesterton, IN 46304, or at support@lrsnation.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to LRS for certain costs and damages.

21. Third-Party Content; LRS Updates

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. LRS does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

We may from time to time in our sole discretion develop and provide updates to the LRS application, which may include upgrades, bug fixes, patches, other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that LRS has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the LRS application will automatically download and install all available Updates or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the LRS application may not properly function should you fail to do so. You further agree that all Updates will be deemed part of the LRS application and subject to all terms and conditions of this Agreement.

22. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LRS and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at LRS sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LRS or the other Company Parties.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LRS AND THE OTHER COMPANY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF LRS OR THE OTHER COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF LRS AND THE OTHER COMPANY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO LRS FOR THE USE OF OUR SERVICES, OR IF YOU HAVE NOT PAID ANYTHING TO US FOR THE USE OF OUR SERVICES, NO MORE THAN $100 USD.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF LRS OR THE OTHER COMPANY PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

24. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, LRS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE LRS ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

BECAUSE YOU CONTROL THE EXTENT TO WHICH THE INFORMATION COLLECTED AND USED BY LRS IS SHARED (INCLUDING WITHOUT LIMITATION INFORMATION IN THE LRS APPLICATION), LRS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR HOW YOUR INFORMATION IS USED OR DISCLOSED ONCE IT HAS BEEN SUBMITTED TO AND STORED WITH LRS OR IN THE LRS APPLICATION. IN ADDITION, LRS ASSUMES NO LIABILITY FOR ANY ACTIONS TAKEN, INCLUDING ANY FURTHER USE OR DISCLOSURE OF YOUR INFORMATION, BY PERSONS TO WHOM YOU HAVE PROVIDED ACCESS TO ANY LRS STATUS GENERATED BY THE LRS APPLICATION OR OTHER INFORMATION COLLECTED OR USED BY LRS. LRS BEARS NO AND DISCLAIMS ALL RESPONSIBILITY FOR THIRD PARTY DECISIONS AND ANY CONSEQUENCES THEY MAY HAVE BASED UPON THIRD PARTY USE OF THE LRS APPLICATION OR OTHERWISE. LRS DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS, REGARDING THE ACCURACY OF ANYONE ELSE’S USE OF THE LRS APPLICATION SERVICES.

25. Modifying and Terminating Services

We may modify or terminate the Services or Service features at any time. We will notify users of significant changes. We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, if we believe you have violated these Terms or for any other reason.

26. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

27. Parent or Guardian Verification

We may require verification of a parent or guardian’s consent for minors using certain features of the Services.

28. Release

To the fullest extent permitted by applicable law, you release LRS and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

29. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States.

30. Dispute Resolution; Binding Arbitration

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 30, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT-OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 30.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

No Representative Actions. You and LRS agree that any dispute arising out of or related to these Terms or our Services is personal to you and LRS and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or LRS seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or LRS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and LRS waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against LRS or relating in any way to the Services, you agree to first contact LRS and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to LRS by email at support@lrsnation.com or by certified mail addressed to Locker Room Sports, LLC, 2215 Kelle Dr., #102, Chesterton, IN 46304. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and LRS cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Porter County, Indiana, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and LRS agree that these Terms affect interstate commerce and that the enforceability of this Section 30 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, LRS, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and LRS agree that for any arbitration you initiate, you will pay the filing fee and LRS will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, LRS will pay all JAMS fees and costs. You and LRS agree that the state or federal courts of the State of Indiana and the United States sitting in Porter County, Indiana have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and LRS will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 30 by emailing us at support@lrsnation.com with the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 31.

If any portion of this Section 30 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 30 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 30; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 30 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 30 will be enforceable.

31. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Indiana, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Indiana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Indiana and the United States, respectively, sitting in Porter County, Indiana.

32. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

• Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and LRS, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. You and LRS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of LRS. However, you understand and agree that in accordance with these Terms, LRS has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and LRS acknowledge that as between Apple and LRS, LRS, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, LRS, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these Terms.
• Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to support@lrsnation.com.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
• Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

• You acknowledge that these Terms are between You and us only, and not with Google.
• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
33. Miscellaneous

These Terms constitute the entire agreement between you and LRS relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 18, 19, 22, 23, 24, 28, 30, 31, 32, and 33 survive any expiration or termination of these terms. The failure of LRS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers 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 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

34. Contact Information

For any questions or concerns about these Terms, please contact us at support@lrsnation.com.