LAST UPDATED: SEPTEMBER 17, 2019
THIS VERSION OF THE MAINLINE.GG, LLC USER AGREEMENT WILL BECOME EFFECTIVE ON SEPTEMBER 12, 2019.
YOU SHOULD CAREFULLY READ THIS USER AGREEMENT BEFORE INSTALLING OR USING MAINLINE’S APP OR PLATFORM, INCLUDING UPDATES, UPGRADES, FEATURES, CONTENT AND WEBSITES OFFERED BY MAINLINE AND/OR LIVE EVENTS HOSTED BY OR IN CONNECTION WITH MAINLINE’S APP OR PLATFORM.
BY ACCESSING MAINLINE’S APP OR PLATFORM OR BY USING MAINLINE’S SERVICES, YOU REPRESENT THAT YOU HAVE READ AND CONSENT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS OUR APP OR PLATFORM OR USE OUR SERVICES.
PLEASE NOTE THAT THE SECTION BELOW TITLED DISPUTE RESOLUTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS AND SHOULD BE READ CAREFULLY.
Welcome to the Mainline.GG app and platform service (“Platform”), a mobile and web application operated by Mainline.GG, LLC (“Mainline”, “we”, “our” or “us”). Mainline created a Platform to help organizers (“Organizers”) create and manage online esports competitions (“Events”) and to build a community of esports fans who can share information, opinions, experiences and compete against each in mediated online matches. When you access our Platform, you will also have access and use of various services and functionality, including updates, upgrades, features, content, websites and live events offered by Mainline or in connection with our Platform (collectively, the “Services”).
This User Agreement (“Agreement”) sets forth the terms and conditions under which you are licensed to install and use our Platform and our Services.
- Establishing Your Account. In order to access our Platform and many of our Services, you must register to receive a Mainline account (“Account”). You may only establish an Account if you are a natural person (not a corporation, partnership or other legal or business entity), an adult in your country of residence with the legal capacity to enter into a contract, and are not an individual specifically prohibited by Mainline from using our Platform or Services. In addition, you must be eligible to use the Services for which you are registering and you must be a resident of a jurisdiction where use of our Services is permitted. To create an Account, you must provide certain personal information, which may include a valid email address(es), your full name, address and phone number, as well as other information as reasonable necessary. All information you provide must be accurate, truthful and up to date. If you create an Account and your contact information changes, you agree to promptly provide updated information to reflect the changes to your contact information. We may also obtain non-personal data from your connection to our Platform or during your use of our Services.
- Security of Your Account. You must maintain the confidentiality of any login information associated with your Account, as you are responsible for all uses of the login information and the Account. If you become aware of or suspect any breach of security relating to your Account, you must immediately notify us at [email protected]
- Matters Relating to Children and Adult Account Holders. You must be at least 13 years of age to create an Account. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO USE OUR PLATFORM OR ANY OF OUR SERVICES AND ARE PROHIBITED FROM SUBMITTING ANY PERSONAL DATA THROUGH OUR PLATFORM OR SERVICES. BY ACCESSING OUR PLATFORM AND SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE.
If you are at least 13 years of age, but below the age of 18 (“Child”), you and your parent or guardian must review this Agreement together, and your parent or guardian may establish an Account for you and shall remain responsible for your acts when using our Platform or Services. In the event you permit your Child to use an Account or access our Platform or Services, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.If you are 18 or older, you are solely responsible for the activity on your Account. Your Account may be suspended or terminated if you or anyone else uses your Account and engages in activities that violate this Agreement.
- Account Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. We may revise the pricing for our Services at any time. YOU ACKNOWLEDGE THAT MAINLINE IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO US FOR USE OF OUR PLATFORM OR SERVICES FOR ANY REASON.
- Account Cancellation. You may cancel your Account at any time by contacting [email protected]
Access to our Platform and uses of our Services are licensed to you, not sold. We grant you a personal, limited, non-transferrable, non-sub licensable, revocable and non-exclusive license to use our Platform and Services to which you have access for your non-commercial use, subject to your acceptance and compliance with the terms and conditions of this Agreement. Mainline and/or its licensors own and reserve all other rights, including all right, title and interest in and to the Mainline Platform and Mainline Services and associated intellectual property rights. We may suspend or revoke your license to use our Platform and/or Services if you violate, or assist others in violating this Agreement, including the license limitations listed below. The license limitations below are not intended to be an exhaustive list.
You agree that you will not, in whole or in part or under any circumstances, do the following:
- Access, copy, reproduce, translate, modify or distribute our Platform or our Services.
- Reverse engineer, attempt to extract or otherwise use source code or other data from, disassemble, decompile, or create derivative works based on or related to, our Platform or our Services.
- Create, use, offer, promote, advertise, make available and/or distribute cheats (methods not expressly authorized by Mainline granting you an advantage over other players not using such method(s), including any code or software not expressly authorized by us that changes or facilitates gameplay or other functionality), bots (allowing the automated control of any game, Services or feature thereof) or hacks (accessing or modifying software of the Platform or our Services in any manner not expressly authorized by Mainline).
- Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or Services (or component thereof), or your rights to our Platform or Services, to any other party.
- Engage in conduct that we deem in our sole discretion harassment or disrupting the rights and use of the Platform or Services by others. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY PORTION THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
- Use the Platform or Services to violate applicable law or regulation.
We do not guarantee that the Platform or any particular Service will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Service for any particular length of time. We do not guarantee that our Platform or our Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. From time to time, we may update, change or modify our Platform or our Services, without notice to you. These updates and modifications may be required in order to continue to use our Platform and Services. We may need to update, or reset certain parameters of our Platform or our Services. These updates or “resets” may cause you setbacks and may affect your use of our Platform and our Services, for which will bear no liability.
You will provide at your own expense the equipment, Internet connection and charges required to access and use our Platform and our Services.
“Content” is the software, technology, text (including forum posts, chat and messages), profiles, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from our Services, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”). UGC includes Account personas, forum posts, profile content and other Content contributed by users of our Services. All Content is either owned by Mainline or its licensors, or is licensed to Mainline and its licensors pursuant to Section 5 below.
You are responsible for your UGC. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity.
We may, in our sole discretion, remove, edit or disable UGC for any reason, including if we determine that UGC violates this Agreement in any way. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We do not pre-screen all UGC and do not endorse or approve any UGC available on our Services. Failure of Mainline to remove UGC does not represent or imply that Mainline endorses or approves of such UGC and does not represent or imply that Mainline believes such UGC is accurate or otherwise not in violation of this Agreement.
When you contribute UGC, you grant to Mainline, its licensors and licensees a non-exclusive, irrevocable, perpetual, transferable, worldwide, fully paid up, sublicensable right and license to use, host, store, reproduce, copy, fix, adapt, translate, reformat, modify, exploit, create derivative works, manufacture, publish, distribute, sell, license, sublicense, rent, transfer, publicly perform, publicly display, provide access to, broadcast, practice or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. In the event you upload or otherwise transmit to Mainline any concept, ideas, or feedback relating to our Platform or our Services, whether or not UGC, you shall not be entitled to any compensation for any such submission, unless expressly agreed to between you and Mainline. Except to the extent prohibited by law, you hereby waive the benefit of any provision of the law known as “moral rights” or any similar law in any jurisdiction in the world. If you delete UGC, we will use reasonable efforts to remove such UGC from our Platform, Services and Content, but you acknowledge that caching or references to the UGC may not be immediately available and copies of such deleted UGC may continue to exist for which Mainline has no responsibility to identify, locate or remove.
Your use of our Platform and Services and your interaction with others is governed by a code of conduct described in this Section 6. This code of conduct is not meant to be exhaustive.
When you access or use our Platform and our Services, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt our Platform, our Services or any server or network used to support or provide our Platform or our Services.
- Use any software or program that damages, interferes with or disrupts our Services or another’s computer or property.
- Interfere with or disrupt another player’s use of our Services, or otherwise harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
- Contribute UGC or organize or participate in any activity that we determine is inappropriate, abusive, hateful, harassing, profane, threatening, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, offensive, indecent, unlawful or is otherwise reasonably objectionable (collectively, “Objectionable”).
- Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to distribute or that is Objectionable.
- Post a message for any purpose other than personal communication, such as advertisements, solicitation or commercial activities.
- Impersonate another person or falsely imply that you are a Mainline employee.
- Improperly use in-game support or make false reports to our staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on our Platform or our Services.
- Access or purchase our Platform or Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with unlawful activity.
- Use or distribute any unauthorized software programs or applications, exploits, cheats, undocumented feature, design error or any other game altering or cheating software or tool in connection with using the Platform or the Services.
- Modify any file or any other part of the Platform or Services that we do not specifically authorize you to modify.
- Attempt to use our Platform or Services on or through any service that is not controlled or authorized by us.
- Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Platform, Services or Content associated with your Account.
- Use our Platform or Services in a jurisdiction in which we are prohibited from offering such Services under applicable export control laws.
- Use your real name or use a user name or persona that is used by someone else or that we determine is Objectionable.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our Platform and our Services.
- Use information about users publicly available in any Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Account violates these rules, we may take action against you, including revoking access to our Platform and Services or terminating your Account. We may, but are not required, to permit you to remedy a violation prior to taking any action.
If you encounter another user who is violating any of these rules, please report this activity to us at [email protected]
We may, in our sole discretion, monitor or record online activity or UGC on our Services and may remove any UGC from any of our Services at our sole discretion. You acknowledge and agree that when you use our Platform or Services you have no expectation that your online activity or UGC will be private. We may disclose your communications or UGC for any reason, including to comply with applicable laws or governmental requests, to enforce the terms of this Agreement or any other Mainline policy, to protect the health and safety of anyone we believe may be threatened or to report a crime or other offensive behavior.
Your communications and your UGC in our Services are public and will be seen by others.
Termination and Remedies
This Agreement is effective upon your creation of an Account, and shall remain in effect until terminated by Mainline or superseded by a new agreement. You may terminate this Agreement by terminating your Account and discontinuing use of the Platform and Services. We may terminate this Agreement at any time, for any reason or no reason, with or without notice to you.
We may terminate your access and use of the Platform and any Services or your Account if we determine that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of our Platform, Services or Content associated with your Account. When practical, we will notify you of the termination. You may lose your user name and persona as a result of an Account termination. If you have more than one Account, depending on the type of violation or misuse, we may terminate all of your Accounts. If your Account is terminated, you will not have access to your Account and may be barred from accessing or using any of our Services again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, we may issue you a warning, suspend or alter your access to a particular Service or your Account, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Services. If we take any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights).
We may terminate any portion, or all, of the Platform, Services or Content at any time by giving at least thirty days’ notice either via email (if available), within the affected portion of the Platform, Services or Content, or on the service updates page of our website.
If you believe that any action has been taken against your Account or device in error, please contact Customer Support at [email protected]
Use of Data
When you access our Platform or use our Services, we may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Services usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play our Services offline, this data will be stored on your device and transmitted to us when your device connects to the Internet. We use this information to operate our business, improve products and Services, provide Services to and communicate with you (including for marketing purposes), provide software updates, or otherwise enhance your experience. If you participate in online services, we also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
Other Software and Tools
Access to our Platform and use of our Services may require or allow you to download software, software updates or patches, or other utilities and tools from us or our licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of our Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue access to our Platform or use of our Services. Failure to install available updates may render our Platform and/or Services unplayable.
Third Parties and Tournament Organizers
Our Platform and our Services may give you the option of playing on servers not owned or controlled by us. We do not control those services and are not responsible for your use of our Services on or through them. These third party services may subject you to additional or different terms and restrictions. You should carefully read any policies maintained by such third party services.
Our Services may include hyperlinks to third party web sites. If you use these third party links, you will leave our Services. The terms and conditions of those third party sites may be different than ours, and this Agreement will not apply to services in the third party sites. Those sites may collect data or solicit personal information from you. We do not control those sites and are not responsible for their content or for their collection, use or disclosure of personal information. Further, we do not endorse or review those sites and you irrevocably release and discharge us from and waive any claim you may have against such third party sites.
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY MAINLINE, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
As part of the Platform and Services, Mainline’s Platform or Services may be used by organizers to create and manage competitions for online video game tournaments (“Organizers”) and may be used by Account holders to help users identify and participate in such tournaments. The Organizer of each tournament provides its own operational guidelines and rules and regulations applicable to the tournament, and each tournament may operate in a unique way including, without limitation, methods of interactions and rankings among event attendees, rules of game play and conduct, communications and the awarding of prizes, if any. By your participation in any such tournament or organized competitive gaming event, you agree to these additional parameters and agree to receive communications from the Organizer, if applicable. Further, any communications from Organizers, including, without limitation, any representations, content or links supplied or promises of prizes or rewards, are made solely by the Organizers. We are not responsible for monitoring Organizers’ communications or determining the recipients of, or the distribution of, any prizes or rewards. The Organizer shall be solely responsible for the determination of eligibility, the determination of prize and reward recipients, the distribution of any prizes or rewards and the establishment and interpretation of any rules and guidelines applicable to such Organizer’s event. You participate in such events at your own risk and agree that Mainline is not responsible for damages you may have, and is not liable for any claims you may have against, such third party event Organizer.
Warranties; Limitation of Liability; Indemnity; Equitable Remedy
OUR PLATFORM AND SERVICES ARE LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE.” YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR FREE USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE OF TRADE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR SERVICES; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT THE PLATFORM OR OUR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE AND WE WILL NOT BE LIABLE FOR DAMAGES ASSOCIATED WITH THE FOREGOING AS RELATED TO THE PLATFORM OR THE SERVICES. WE DO NOT WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED BY THIRD PARTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAINLINE AND ITS PARENT AND AFFILIATED ENTITIES, EMPLOYEES, AFFILIATES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY MAINLINE’S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE USE OF THE PLATFORM OR APPLICABLE SERVICES. WE DO NOT LIMIT OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT DIRECTLY CAUSED BY OUR ACTIONS. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
YOU HEREBY AGREE TO DEFEND AND INDEMNIFY MAINLINE, AND ITS PARENT AND AFFILIATED ENTITIES, EMPLOYEES, AFFILIATES, LICENSORS AND BUSINESS PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIMS, LIABILITIES, LOSSES, INJURIES, DAMAGES, COSTS OR EXPENSES INCURRED BY US ARISING OUT OF YOUR USE OF THE PLATFORM, THE SERVICES OR THE CONTENT, OR ANY SPECIFIC FEATURES ASSOCIATED WITH ANY OF THEM, OR ASSOCIATED WITH YOUR VIOLATION OF THE TERMS OF THIS AGREEMENT.
YOU AGREE THAT MAINLINE WOULD BE IRREPARABLY HARMED IF THE TERMS OF THIS AGREEMENT WERE NOT SPECIFICALLY COMPLIED WITH. IN SUCH EVENT YOU AGREE MAINLINE SHALL BE ENTITLED, WITHOUT BOND OR OTHER SECURITY, TO APPROPRIATE EQUITABLE RELIEF IN THE EVENT YOU BREACH THIS AGREEMENT, AND THAT THE AWARDING OF EQUITABLE RELIEF WILL NOT LIMIT OUR ABILITY TO RECEIVE REMEDIES THAT ARE OTHERWISE AVAILABLE TO US.
- Entire Agreement. This Agreement, together with any other terms that govern your use of our Platform or our Services, constitutes the entire agreement between you and Mainline.
- Modifications to this Agreement. This Agreement may not be amended or modified unless made in writing and signed by Mainline.
- No Waiver. Our failure to exercise any right under this Agreement shall not constitute a waiver of the right or any other right we may have under this Agreement.
- Governing Law. This Agreement shall be governed by and construed under the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. Mainline operates its Platform, Services and Content in the United States. Those who choose to access the Platform, Services or Content outside the United States do so at their own initiative and are responsible for compliance with all applicable local law.
- Export. You agree to follow U.S. and other export control laws and agree not to transfer any Services to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge that you are not a person with whom Mainline is prohibited from doing business under these export control laws.
- Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time without your consent. You may not assign this Agreement or any part thereof without our prior written consent, and any attempt to do so in violation of this Agreement shall be void.
- Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
- Survivability. Sections 5 (UGC), 7 (Termination and Remedies), 8 (Use of Data), 10 (Third Parties and Tournament Organizers), 11 (Warranties; Limitation of Liability; Indemnity; Equitable Remedy), 12 (General Terms), 13 (Changes to this Agreement) and 14 (Dispute Resolution) shall survive termination of this Agreement.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mainline as a result of this Agreement or your use of the Platform, Services or Content.
- Third Party Beneficiaries. Except for certain Mainline licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to this Agreement.
- Force Majeure. Mainline shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mainline, such as natural disaster, unforeseen intrusions into cyberspace, war, terrorism, embargoes, acts of civil or military authorities, acts of God, fire, flood, accident, strikes, riots, shortages or changes to applicable laws, rules or regulations.
Changes to this Agreement
We may modify or replace this Agreement from time to time at our sole discretion, so please review it frequently. Your continued use of our Platform or Services means you accept any changes made to this Agreement. Additionally, we may offer new Services, Content or changes to the Platform, and any such new additions shall be governed by the terms and conditions of this Agreement.
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND MAINLINE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU SHOULD REVIEW THIS SECTION CAREFULLY. THIS SECTION LIMITS THE ABILITY OF BOTH YOU AND MAINLINE TO LITIGATE CLAIMS IN COURT AND YOU AND MAINLINE EACH AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO TRIAL BY JURY.
This Section outlines the process by which to settle disputes between you and Mainline in an effort to accelerate resolution and reduce costs related to disputes. You and Mainline agree to be bound by the procedures set forth in this Section. This Section likewise applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
- Claims Covered. All disputes, claims or controversies, whether arising out of tort, contract, fraudulent misrepresentation, statute, regulation, common law, equity, or any other matter arising out of or relating to this Agreement, the Platform, Services or Content, or the relationship between you and Mainline (“Disputes”), shall be determined exclusively by binding arbitration. This includes Disputes that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) seeking to enforce or protect, or concerning the validity of, any of Mainline’s intellectual property rights; (ii) any Dispute related to, or arising from, claims that the other party has committed piracy or tortious interference, and (iii) any Dispute within the jurisdictional limits of small claims court.
- Informal Negotiations. You and Mainline shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of Dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to the address and your email address you have provided to us. You will send your Notice of Dispute to: “Mainline ATTN: Dispute Resolution, 4200 Montrose Blvd., Suite 150, Houston, TX 77006.”
- Binding Arbitration. If you and Mainline cannot resolve a Dispute informally, you or Mainline may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a dispute is subject to arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The decision of the arbitrator shall be final and binding on you and Mainline, and any award of the arbitrator may be entered in any court of competent jurisdiction. You and Mainline may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some cases, the costs of arbitration can exceed the cost of litigation.
- Limitation. YOU AND MAINLINE 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. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
- Location. Arbitration will take place in your county of residence, to the exclusion of all other venues. You and Mainline agree to submit to the personal jurisdiction of any state or federal court located in the state of Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Questions and Contacts
If you have any questions about this Agreement, please contact us at [email protected]