You grant FANTASYDISPUTE.COM a worldwide, royalty-free and irrevocable license to copy, distribute, edit, adapt, translate, arrange, dramatize, abridge, publish, distribute, archive, broadcast, perform or otherwise disseminate, or create derivative or collective works, in any medium whether now known or hereafter created, any and all material submitted through the site. THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FANTASYDISPUTE.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONALITY OF THE SERVICE; OR (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS. FANTASYDISPUTE.COM DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANTASYDISPUTE.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK. FURTHER, FANTASYDISPUTE.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FANTASYDISPUTE.COM SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL FANTASYDISPUTE.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR FANTASYDISPUTE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION. IN NO EVENT SHALL FANTASYDISPUTE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID TO FANTASYDISPUTE.COM. You agree to defend, indemnify and hold harmless FANTASYDISPUTE.COM with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this agreement, including, without limitation, your use of the service. Notwithstanding the foregoing, FANTASYDISPUTE.COM retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against FANTASYDISPUTE.COM and in no event shall you settle any such claim without FANTASYDISPUTE.COM's prior written approval.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state courts in and for Contra Costa County, California and the Federal Courts in and for the Northern District of California. You agree not to challenge the jurisdiction or venue stated herein. This TOU contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. If any provision of this TOU shall be held invalid or unenforceable, such holding shall be strictly construed and shall not affect the validity or effect of any other provision of this TOU.
Revised November 4, 2011