IMPORTANT! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS PRIOR TO USING APEX, AS THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Terms & Conditions
(“Apex”) is an interactive online service (“Service”) operated by MRB Enterprises, LLC. (“MRB”). MRB is located at 165 Summer Street, Andover, Massachusetts 01810. As used herein, Apex or MRB includes Apex and MRB and all officers, members, directors, employees, agents, managers, shareholders, affiliates and subcontractors of Apex and/or MRB.
The following Terms and Conditions govern your use of Apex. By accessing or using the Apex web site, or registering for services offered by Apex, you agree to these Terms and Conditions and the Fair Play Policy. If you do not agree to be bound by all these Terms and Conditions and the Fair Play Policy in their entirety, do not use this web site. In the sole discretion of MRB, these Terms and Conditions and the Fair Play Policy may, from time to time, be modified, in whole or in part; by continuing to access the Apex web site, you agree to any such modification(s).
1. Eligibility. You must be an individual who is at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by Apex. If, in your jurisdiction or location, the permissible use of the Service is greater than eighteen (18) years old, you must comply with the age requirement in that jurisdiction or location. If you are a legal resident of Arizona, Indiana, Iowa, Louisiana, Montana, Tennessee, Virginia or Washington State, you are not permitted to participate in contests offered by Apex. Other than Quebec, legal residents of Canada are permitted to participate in contests offered by Apex. You agree to provide and maintain complete, accurate and current information as required to complete the registration process.
2. Single Account. You may only create one account (1) to participate in contests or win prizes offered by Apex. Corporations, Limited Liability Corporations, Institutions or other entities are not permitted to create an account to participate in contests offered by Apex.
3. Legality. The contests offered by Apex are not considered gambling under the Unlawful Internet Gaming Enforcement Act of 2006 which exempts fantasy sports where (i) the prizes and awards offered are fixed and known to users prior to the game or contest and the prizes and awards are not impacted by the number of users participating or the amount paid by users; (ii) the winning outcomes reflect the relative knowledge and skill of the users and are determined largely by accumulated statistical results of the performance of individuals athletes in real-world sporting events; and (iii) winning outcomes are not based upon scores, point spreads, or performance of any single real-world team or teams, or a single performance of an individual athlete in any single real-world sporting event.
4. Termination. In the event of a violation of these Terms and Conditions and the Fair Play Policy, Apex reserves the right, in its sole discretion, to suspend or terminate your participation in contests offered by Apex thereby terminating all obligations of Apex hereunder. In such event, you will be denied any further access to the Apex web site.
5. Price and Payment. You will be taken away from our site to pay for our league using PayPal. You must provide Paypal with valid credit card information at the time of purchasing an entry in an Apex contest. The fees to be charged by Apex will be strictly in accordance with your selected contest as set forth on the web site.
6. Confidentiality. You must maintain the confidentiality of your name and password and are solely responsible for so doing. You will be responsible for any and all activities undertaken on the web site using your name and password.
7. Compliance with Law. MRB and Apex respect and will comply with all federal, state, and local laws. Taxes for all contest winnings will be the sole responsibility of the winning participant and MRB and Apex will comply with all IRS reporting requirements by filing a Form 1099-Misc when certain thresholds are reached. Each winning participant agrees to provide MRB and Apex with his or her social security number; if however, a winning participant fails to provide his or her social security number, that winning participant will be considered a “Foreign National” and MRB will withhold twenty eight percent (28%) of the winnings for tax purposes.
8. Refunds. Apex will refund your entry fee in full upon the earlier of the following: (i) seven days prior to the commencement of the draft, or (ii) randomizing the draft order. Thereafter, there will be no refunds.
9. Limitation of Liability. MRB, APEX, AND THEIR OFFICERS, MEMBERS, MANAGERS, AND EMPLOYEES (“THE COMPANY”) SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN THE EVENT THAT YOUR JURISDICTION DOES NOT PERMIT THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND THEREFORE, THE COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT NOT LIMITED TO DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
10. Disclaimer of Warranties. EACH APEX CONTEST AND THE APEX WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUTHER, THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF ITS WEBSITE WILL BE FREE OF ANY INTERRUPTIONS OR ERRORS. IN THE EVENT THAT YOUR JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE FOREGOING MAY NOT APPLY TO YOU. APEX DOES NOT WARRANT THAT PARTICIPATION IN ANY APEX CONTEST OR USE OF THE APEX WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION
11. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and venue for resolving any and all disputes shall be in Boston, Massachusetts.
12. Cancelation of Contest. Apex reserves the right to cancel any contest on account of insufficient numbers of participants. In such event, Apex will refund any and all fees paid by the participants. Apex also reserves the right to terminate any contest due to an act of God, terrorism or change of applicable law, interruption of the season, or for any other reason beyond the control of Apex. In such event, all fees paid by the participants will be refunded.
13. Communication and Access. All participants in Apex contests require Internet access and a valid e-mail address for communication. Apex is not responsible for problems interfering with the transmission or receipt of any transactions, including but not limited to, draft selections, trades, free agent bids, and setting lineups.
14. Notices. Apex shall provide notices to participants by electronic mail, or by posting on the Apex web site. Notices to Apex shall be provided by electronic mail directed to email@example.com.
15. Termination. The provisions of this Agreement will survive the termination of the Agreement or the User’s Account, whether by Apex or the User.
16. Arbitration. Each participant in Apex contests waives the right to a jury trial and agrees to submit any dispute to arbitration through the American Arbitration Association (“AAA”) Regional Office located in Boston, Massachusetts in accordance with the AAA Rules for Commercial Arbitration.
17. General Provisions. If any provision of the Terms and Conditions or the Fair Play Policy is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Paragraph headings used herein are for convenience only and shall not be considered in interpreting these Terms and Conditions.
18. Commissioner Duties. Apex shall coordinate and manage each Apex contest, and will serve as Commissioner of all Apex contests. Apex will be responsible for resolving any disputes regarding scores, trading, drafts, and any alleged violations of these Terms and Conditions. The decisions of Apex in this regarding shall be final and binding on participants.
19. Notice to California Users. This Notice is provided in accordance with California Code Section 1789.3: (i) 5ppdev.com/web/apex/public is a service provided by MRB Enterprises, LLC, 165 Summer Street, Andover, Massachusetts 01810. (ii) The cost of participation in Apex contests depend upon the contest selected by participants. (iii) Any complaints regarding the service or any Apex contest or any request for additional information should be directed to ApexFantasyLeauges.com at firstname.lastname@example.org. Complaints may also be directed to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.