TERMS OF SERVICE
FANS FUEL TERMS OF SERVICE
Effective February 23, 2024
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING
THE SERVICES OFFERED BY FANS FUEL, LLC (“FF"). THE FANSFUEL.COM WEBSITE
(“WEBSITE”) AND DOMAIN NAME, AND ANY SERVICES, FEATURES, CONTENT, OR
APPLICATIONS OFFERED FROM TIME TO TIME BY FF IN CONNECTION THEREWITH
(COLLECTIVELY, "SERVICE") ARE OWNED AND OPERATED BY FF. THIS AGREEMENT SETS
FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE
SERVICE. BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS
AGREEMENT AND FF'S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS
INCORPORATED HEREIN BY THIS REFERENCE.
THIS AGREEMENT LIMITS FF’S LIABILITY TO YOU, REQUIRES YOU TO ARBITRATE ANY
DISPUTES YOU HAVE WITH US AND REQUIRES YOU WAIVE THE ABILITY TO BRING
CLAIMS AGAINST FF IN A CLASS ACTION FORMAT.
You may at any time request a copy of this Agreement by emailing us at: [email protected], Subject:
Terms of Use.
1. Modifications of this Agreement
FF RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT
ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA
EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING
FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE
UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICE BY
YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO
REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO
ANY CHANGES. THIS AGREEMENT, TOGETHER WITH FF’S PRIVACY POLICY, ANY OTHER
LEGAL NOTICES PUBLISHED BY FF ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN YOU AND FF CONCERNING THE WEBSITE.
2. Account
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this
Agreement, FF hereby grants you permission to use the Service only as set forth in this Agreement, and
provided that: (i) you will not copy or distribute any part of the Website in any medium without FF's prior
written authorization; (ii) you will not alter or modify any part of the Website other than as expressly
authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or
attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation
of the Service, the features that prevent or restrict use or copying of any Content (as the term is defined
below) or enforce limitations on use of the Service or the Content therein, or interfere with any activity
being conducted on the Service; and (iv) you may not decompile, disassemble or reverse engineer any of
the software comprising or in any way making up part of the Service.
2.2 You are required to create an account in order to use the Service. You may never use another's
account, username or password without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify FF immediately of any
breach of security or unauthorized use of your account. You may be required to expressly accept or reject
these Terms of Use when you register; you agree that any requirement that you do so does not in any way
vitiate your assent to comply with the Terms of Service. Although FF will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the losses of FF or others due to
such unauthorized use. FF may in its sole discretion modify the Service, or charge for or discontinue any
feature thereof.
2.4 You agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to
FF’s servers in a given period of time than a single human can reasonably produce in the same period by
using a conventional web browser. You agree not to collect or harvest any personally identifiable
information, including account names, from the Service, nor to use the communication systems provided
by the Service for any unauthorized commercial solicitation purposes. FF reserves the right in its sole
discretion to block access or discontinue services to offenders, and to investigate and take appropriate
legal action against anyone who, in FF 's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities.
2.5 By using the Service, you represent and warrant that (i) all registration information you submit is
accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age
or older; and (iv) your use of the Service does not violate any applicable law or regulation. Your account
may be terminated without warning if FF believes that you are under 18 years of age.
3. Fees
Certain services and features of the Website may be made available in exchange for fees. FF may charge
fees for all or some of the Service in its sole discretion. If FF terminates your registration because of your
breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to
the extent required under applicable law.
3.2 BY SIGINING UP FOR A PAID SERVICE, YOU AUTHORIZE FF TO CHARGE YOUR
CREDIT CARD OR OTHER FORM OF PAYMENT FOR THE PRICE LISTED FOR THE SERVICE
YOU SIGNED UP FOR, ALONG WITH ANY ADDITIONAL AMOUNTS RELATING TO
APPLICABLE TAXES, BANK FEES, AND CURRENCY FLUCTUATIONS. FOR YOUR
CONVENIENCE BILLING IS RECURRENT, SO YOU SHOULD STATE YOUR WISH TO
CANCEL SERVICE AT LEAST 72 HOURS BEFORE THE END OF THE THEN-CURRENT
BILLING PERIOD AND THE CANCELLATION WILL TAKE EFFECT ON THE NEXT BILLING
PERIOD. YOU ARE FREE TO CANCEL THE SERVICE AT ANY TIME BY CONTACTING US
AT [email protected]. FF RESERVES THE RIGHT TO CHANGE ITS FEES AND
ACCESS POLICIES FROM TIME TO TIME, IN ITS SOLE DISCRETION, AND WILL NOTIFY
YOU OF ANY MATERIAL CHANGES BEFORE SUCH CHANGES BECOME EFFECTIVE. FF
DOES NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE
REDUCTION OR PROMOTIONAL OFFERING. YOU HEREBY RELEASE FF FROM ANY
LIABILITY FOR ANY BILLING ERROR THAT YOU DO NOT REPORT TO FF WITHIN THREE
MONTHS AFTER YOU RECEIVE THE BILL IN WHICH THE ERROR FIRST APPEARED.
3.3 YOU HEREBY AUTHORIZE FF OR ITS PAYMENT PROCESSOR TO CHARGE THE
PAYMENT METHOD ON FILE ON THE FIRST DAY OF EACH BILLING PERIOD FOR THE
RELEVANT SERVICE UNTIL YOU CANCEL THE SERVICE OR FF SUSPENDS OR STOPS
PROVIDING YOU ACCESS TO THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF
THE PAYMENT METHOD ON FILE BECOMES INVALID DUE TO AN EXPIRED CREDIT CARD
OR OTHER SIMILAR REASON AND FF IS UNABLE TO CHARGE YOU ON THE NEXT BILLING
PERIOD, FF MAY IMMEDIATELY REVOKE YOUR ACCESS TO THE SERVICE UNTIL YOU
UPDATE YOUR PAYMENT METHOD. IF YOU FAIL TO UPDATE YOUR PAYMENT METHOD
WITHIN A REASONABLE AMOUNT OF TIME, FF MAY CANCEL THE SERVICE.
3.4 FF has a no charge-back, no refund policy, to the extent allowed by applicable law. There are
no refunds or credits for partially used periods. FF may approve a refund in the form of a credit on request
if exceptional circumstances exist. The amount and form of a refund, and the decision to provide it, is at
FF’s sole discretion.
3.5 Service descriptions and specifications are subject to change. Service descriptions, prices and
other information on the Website may contain typographical errors or may be incorrect, incomplete or not
current. FF periodically adds, updates and corrects the information on the Website without notice
4. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, files,
images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FF, subject
to copyright and other intellectual property rights under United States and foreign laws and international
conventions. FF reserves all rights not expressly granted in and to the Service and the Content. You agree
to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload,
display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but
not limited to, image, audio, and visual content, Marks, or other proprietary rights not owned by you, (i)
without the express prior written consent of the respective owners, or (ii) in any way that violates any
right of any third party.
5. Term
This Agreement shall remain in full force and effect while you use the Service. You may terminate your
use of the Service or your membership at any time. FF may terminate your access to the Service or your
membership at any time, for any reason, and without warning. Sections 4 through 13 shall survive any
termination of this Agreement.
6. Third-Party Services
The Service may include links to third party websites that are not owned or controlled by FF. When you
access third-party websites, you do so at your own risk. FF encourages you to be aware when you leave
the Service and to read the terms and conditions and privacy policy of each third party website that you
visit. FF has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of, or opinions expressed in any third-party websites. In addition, FF will not and cannot
monitor, verify, censor or edit the content of any third-party website. By using the Service, you expressly
relieve FF from any and all liability arising from your use of any third-party website.
7. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, FF, ITS SUPPLIERS AND LICENSORS, AND
EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER FF NOR
ITS SUPPLIERS NOR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR RELIABILITY OF THE SERVICE OR THE CONTENT OF ANY SITES
LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE. FF DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT,
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND FF
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS
OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY FF FROM ITS FACILITIES
IN THE UNITED STATES OF AMERICA. FF MAKES NO REPRESENTATIONS THAT THE
SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO
ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAW.
8. Indemnity
You agree to defend, indemnify and hold harmless FF, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs
or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of
and access to the Service or any Content that you post thereon; (ii) your violation of any term of this
Agreement or of your representations and warranties set forth herein; (iii) your violation of any third party
right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your
use of the Service caused damage to a third party.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL FF, ITS SUPPLIERS, LICENSORS OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FF IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, FF'S LIABILITY TO YOU FOR
ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FF FOR
SERVICES IN CONNECTION WITH THE SERVICE.
10. Assignment
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without FF's
prior written consent. FF may freely transfer, assign, or delegate this Agreement, and any of its rights or
obligations hereunder.
11. U.S. Export Controls
Any software available in connection with the Service is further subject to United States export controls.
No software may be downloaded from the Service or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using the software is at your sole risk.
12. Dispute Resolution; Waiver of Jury Trial and Class Action Suits
12.1 This Agreement shall be governed by Illinois law, without regard to conflict of laws provisions
thereof.
12.2 The parties agree that any and all disputes or controversies of any nature between them arising at
any time relating to the Service or this Agreement shall be determined by binding arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association (excluding
any rules or procedures governing or permitting class actions) (”AAA”) before a single neutral arbitrator
(“Arbitrator”) in Chicago, Illinois. The Arbitrator shall be mutually agreed upon by the parties; if the
parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The Arbitrator
shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the
respective expenses of each party, the fees of the arbitrator and AAA’s administrative fee. Any final
outcome of such arbitration shall be final and binding as to all matters of substance and procedure, and
may be enforced by a petition to any court of competent jurisdiction located in the State of Illinois, which
may be made ex parte, for confirmation and enforcement of the award. In addition, either party may seek
equitable, non-monetary relief at any time in any court of competent jurisdiction located in the State of
Illinois without thereby waiving its right to arbitration of any dispute or controversy. All proceedings
shall, to the extent permitted by law, be closed to the public and confidential and all records relating
thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration
award.
YOU AND FF HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION,
PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF
ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR YOU AND FF
ENTERING INTO THIS AGREEMENT.
TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL
BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES
TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE
ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS BOTH YOU AND FF AGREE
TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. FF ’S FAILURE TO ENFORCE
ANY PROVISION OF THIS AGREEMENT WILL NOT BE DEEMED A WAIVER OF SUCH
PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
13. Miscellaneous
If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of
competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or
enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or
any other term, and FF 's failure to assert any right or provision under this Agreement shall not constitute
a waiver of such right or provision.
YOU AND FF AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.