Terms & Conditions

Last Updated: May 1, 2016

IMPORTANT LEGAL NOTICE: ACCESSING, CONTRIBUTING, BROWSING, OR OTHERWISE USING THE STARTORSIT.COM WEB SITE INDICATES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT; THUS, PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Acceptance of Terms

Welcome to the Start Or Sit Web site. Start Or Sit, LLC (“Start Or Sit”), operates the fantasy sports Web site StartorSit.com (the “Site”) and a mobile application (collectively, the “Service”). All of the text, images, audio, code, and any other material these contain or provide (collectively, the “Content”) as well as all of the features, contests, and other services are owned and operated by Start Or Sit. By using or otherwise accessing the Services or Content, or by clicking to accept or agree to these Terms of Use (the “Terms”) where such an option is made available, you (1) accept and agree to the Terms and the Official Rules and Regulations for the applicable Contests and promotions and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE CONTENT OR SERVICES. These Terms constitute a legal agreement between you and Start Or Sit and shall apply to your use of the Site, the Services, and the Content, even after termination.

 

Modification

Start Or Sit reserves the right to change, modify, and/or replace this Site and these Terms at any time. Additionally, Start Or Sit may issue additional terms, rules, and conditions of participation in particular Contests. You agree to be subject to them if you participate in such contests. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services or Content by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

Contest Entries

Users will be able to visit the Site and view the games available for entry (the “Contests”). Contests on the Site are presently free-to-play and do not have an entry fee.

Eligibility

You must be 18 years of age to open an account, participate in Contests, or win prizes offered by the Site. In jurisdictions, territories, and locations where the minimum age for permissible use of the Site is greater than 18 years old, you must meet the age requirement in that jurisdiction or territory. You must be at least 19 years of age at the time of Contest registration if you are a legal resident of Alabama or Nebraska. Legal residents of Canada are eligible to open an account and participate in Contests offered by the Site.

If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Start Or Sit may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes requesting that you fill out an affidavit of eligibility. To the extent Start Or Sit requests that you fill out such an affidavit and you fail to do so within 5 days, or if Start Or Sit otherwise determines you do not meet the eligibility requirements of this section, in addition to any rights that Start Or Sit may have in law or equity, Start Or Sit reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Start Or Sit will pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by Start Or Sit in its sole discretion.

You may establish, maintain, use, and control only one account on the Service. In the event Start Or Sit determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights that Start Or Sit may have, Start Or Sit reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.

Employees, organizations, and third parties associated with Start Or Sit (the “Affiliates”) may use the Application in private groups or tournaments with other Affiliates. Additionally, Affiliates may use the Application for testing, socializing, and enhancing the user experience, but such use cannot be awarded any Contest prize(s).

Athletes, coaches, team management, team support personnel (e.g. without limitation, team physicians), and team owners may not participate in any Start Or Sit Contests in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners, and other individuals who through an ownership interest or game-related employment can influence the game play are likewise ineligible.

Conditions of Participation

In order to participate in a Contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is inaccurate, not current, or incomplete, or if Start Or Sit has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, Start Or Sit may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Start Or Sit in its sole discretion deems offensive. Start Or Sit may require you to change your Username or may unilaterally change your Username. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of your Username and Password and are fully responsible for all uses of your Username and Password, whether by you or others. You are responsible for maintaining the confidentiality of your login names and passwords, and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Site. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Site. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

You acknowledge and agree that Start Or Sit is authorized to act on instructions received through the use of your Username and Password, and that Start Or Sit may, but is not obligated to, deny access or block any transaction made through the use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

Contest of Skill

Contests offered on the Service are Contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Service and Contests may not be used for any form of illicit gambling.

Contest Statistics and Live Scoring

To the extent that we offer “live” statistics during game play, all “live” statistics and other information provided through the Service and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While Start Or Sit and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Start Or Sit nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Site and related information sources. Start Or Sit and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Site and related information sources and shall not be responsible or liable for any error or omissions in that information.

Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded to those Contests involving prizes. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Start Or Sit’s sole discretion.

Contest Prizes

Prizes will only be awarded if a Contest is completed. Prizes will vary depending on the particular Contest being entered. The nature and/or amount of any prizes will be announced in advance of the Contest and is not determined by the number of participants or the amount of any entry fees paid by the participants

Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotion Rules before participating. All prizes will be clearly identified at the time of entry. Start Or Sit reserves the right to change the prize structure at any time. No substitution or transfer of a prize is permitted.

Prize Awards

Winners of all Contests will be posted on the Service. Contest winners may be required to complete an affidavit of eligibility, a liability/publicity release (unless prohibited by law), and/or appropriate tax forms and forms of identification, including but not limited to a Driver’s License and/or Proof of Residence, as reasonably requested by Start Or Sit. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined that any such user did not comply with these Terms of Use in any manner.

All taxes associated with the receipt of any prize are the sole responsibility of the prize winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Start Or Sit reserves the right in its sole discretion to determine whether or not to award such prizes. No substitution or transfer of prize is permitted, except that Start Or Sit reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded “as is” and are without warranty of any kind, expressed or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Disqualification and Cancellation

Start Or Sit also reserves the right to cancel Contests, in our sole discretion, without any restrictions. Start Or Sit, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award fantasy points or prizes, and require the return of any prizes or suspend or terminate your account if you engage in conduct that Start Or Sit deems, in its sole discretion, to be improper, unfair, or otherwise adverse to the operation of the Service or in any way detrimental to other users.

Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules; accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Start Or Sit from pursuing criminal or civil proceedings in connection with such conduct.

In addition to any other legal or equitable remedy, Start Or Sit may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site. Start Or Sit may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If for any reason the Service is disrupted by its normal operation, Start Or Sit reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause of the disruption of the Service and/or to cancel, terminate, extend, modify, or suspend the Service and select the winner(s) of a Contest from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification may be posted on the Site.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, START OR SIT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

User Content

You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, message boards, or forum posts and the like, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Start Or Sit, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Start Or Sit be liable in any way for any User Content.

You acknowledge that Start Or Sit may or may not pre-screen User Content, but that Start Or Sit and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify, and/or move any User Content available via the Service. Without limiting the foregoing, Start Or Sit and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Start Or Sit’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be 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 Service.

With respect to any User Content you submit or otherwise make available on or to the Service, you grant Start Or Sit an irrevocable, fully sub-licensable, perpetual, world-wide, 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 Service. Start Or Sit reserves the right but has no obligation to monitor disputes between you and other users.

Security

You are responsible for the security and confidentiality of your Account, Owner ID, and any devices on which you install, download, and/or access the Services, and you agree to treat as confidential and to not disclose your Account or Owner ID to any third party. You are responsible for any and all information provided and any and all acts and/or omissions that occur while your Owner ID is being used. You agree to notify us immediately in the event of loss, theft, or disclosure of any or all of the Owner ID or of any other breach you become aware of involving the Services or the Application.

Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from Start Or Sit. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or by emailing Start Or Sit directly. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

Indemnity

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

Disclaimer of Warranties

You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that Start Or Sit has no control over and no duty to take any action regarding which users gain access to or use the Service, 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 release Start Or Sit from all liability for you having acquired or not acquired Content through the Service. The Service may contain or direct you to other Web sites containing information that some people may find offensive or inappropriate. Start Or Sit makes no representations concerning any Content contained in or accessed through the Service, and Start Or Sit will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service.

The company does not warrant that your activities or use of the Site is lawful in any particular jurisdiction and, in any event, the company specifically disclaims such warranties. You understand that by using any of the features of the Site, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site or the Content. Further, the company and its parents, subsidiaries, and affiliates disclaim any expressed or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title.

Limitation of Liability

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

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

Our Proprietary Rights

All title, ownership, and intellectual property rights in and to the Service are owned by Start Or Sit or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Start Or Sit, you agree to not copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Service, in whole or in part.

Links

The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because Start Or Sit has no control over such sites and resources, you acknowledge and agree that Start Or Sit 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. You further acknowledge and agree that Start Or Sit 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 the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Claims of Copyright Infringement

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any content on the Service infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Service that is claimed to have been infringed upon (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Application; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you, your agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent by email to: copyrightclaims@startorsit.com

Arbitration, Consent to Jurisdiction in California, Attorney’s Fees

Any and all disputes, claims, or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then-governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Start Or Sit waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Los Angeles County, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that:

The arbitrator shall not have authority to award punitive damages; and any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Start Or Sit agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Los Angeles County, California (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Start Or Sit waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND START OR SIT 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.

Waiver and Severability of Terms

The failure of Start Or Sit 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 an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

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