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Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by the Action Network, Inc., its subsidiaries and affiliates (the “Action Network Group”) including, but not limited to, the Fantasy Labs, Inc. website currently located at www.FantasyLabs.com, the SportsAction, Inc. website currently located at https://sportsaction.io, and the Sports Insights, Inc. websites currently located at www.betlabssports.com and www.sportsinsights.com (collectively, the “Site”).  The Site is the property of the Action Network Group and its licensors.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.  If you do not agree with these Terms of Use, please do not use this Site.  

The Action Network Group reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. The Action Network Group will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change.  Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification.  If you do not agree to the changes, do not continue to use this Site after the date they become effective.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Action Network Group grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Content & Intellectual Property

All fantasy-related player salaries, player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, fantasy trends, fantasy systems, fantasy angles, homerun rate predictions, pitcher strikeout rate predictions, stadium trends, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by the Action Network Group or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

All trademarks appearing on this Site are the property of their respective owners, including, in some instances, the Action Network Group and/or its partner companies.  Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by the Action Network Group or by any third party.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of the Action Network Group and others.  You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.  

All materials contained or distributed in this website (the “Materials”) are owned by the Action Network Group or its licensors.  Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Action Network Group and, if applicable, any other copyright owner.  You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials.  Materials may not be used in any unauthorized manner.

2. Your Use of the Site; Restrictions

You may browse this Site and all associated content solely for your personal use and enjoyment.  Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Action Network Group’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of the Action Network Group, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.  

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Action Network Group, including any Action Network Group account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.

Accounts may not be shared and may only be used by one individual per account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Action Network Group’s systems or networks, or any systems or networks connected to the Site or to the Action Network Group.  

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site.  In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.  You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing the Action Network Group’s name or trademarks without the Action Network Group’s express written consent.   

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Action Network Group on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Action Network Group or others.  Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.  

Any violation of the Action Network Group’s system or network security may subject you to civil and/or criminal liability.

3. Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or the Action Network Group that you provide to the Action Network Group (but excluding your PII) (collectively, “Feedback”) is deemed to be the Action Network Group’s proprietary information.  The Action Network Group may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and the Action Network Group shall own all rights, title and interest in and to the Feedback and such improvements and modifications.   

This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”).  All User Content must comply with the standards set out in these Terms of Use.  By providing any User Content on this Site, you hereby grant to the Action Network Group and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose.  You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to the Action Network Group and its affiliates, and each of their respective licensees, successors, and assigns.  The Action Network Group is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.  

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to the Action Network Group, and which is subject to the privacy standards set forth in the Action Network Group’s Privacy Policy.  To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII.  It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.  

4. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including, but not limited to, contests, promotions or other similar features (as further described in Section 5 below), all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Action Network Group may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

In order to prevent interruptions in service, the Action Network Group uses a recurring payment structure where memberships automatically renew until canceled by the customer. All memberships, including month-to-month, 6-month and 1-year packages automatically renew upon expiration. Once you cancel, you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.

For example, if your billing cycle renews on the 17th of every month, and you cancel on the 24th, you’ll still have to pay for the current month, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made.

All membership sales are final.

The Action Network Group offers special introductory rates on its Pro memberships. Upgrades and Downgrades do not qualify for the introductory rate. Upgrades are effective immediately while downgrades occur on the next billing cycle so you always get what you paid for.

The introductory rate includes access to the respective membership level and automatically renews at the normal membership rate unless canceled by the customer.

It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal.  Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the My Account page.

5. Sweepstakes, Contests, and Promotions

 

 

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service.  If you participate in a Promotion, such terms of service, may, for example, permit the Action Network Group to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you.  If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails.  Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.  

6. Privacy

The Action Network Group’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Action Network Group’s Privacy Policy, click here.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Third-Party Content, Links and Services:

The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of the Action Network Group making this Third-Party Content available or accessible to you, you acknowledge that the Action Network Group has not reviewed all of the Third-Party Content and that the Action Network Group is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you.  Please be aware that access to any Third-Party Content does not constitute an endorsement by the Action Network Group or any of its subsidiaries or affiliates of any third parties or Third-Party Content.  Likewise, the Action Network Group is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products.  The Action Network Group may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.

If the Action Network Group provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through the Action Network Group’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public.  The Action Network Group does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.

8. Monitoring; Copyright Complaints

 

 

You agree that the Action Network Group has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in the Action Network Group’s sole discretion, any Material and Content anywhere on this Site.  Notwithstanding this right, the Action Network Group does not and cannot review all Materials, User Content, PII, and Feedback submitted to this Site.  If notified, the Action Network Group may investigate an allegation that content transmitted to the Action Network Group is in violation of these Terms of Use, and the Action Network Group will determine whether to have the communication removed.  However, the Action Network Group is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.  

The Action Network Group may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others.  If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify the Action Network Group by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Action Network Group to locate the material;
  • information reasonably sufficient to permit the Action Network Group to contact you, such as an address, telephone number, and if available, an e-mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and 
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to the Action Network Group’s copyright agent by e-mail AND by U.S. Mail to:

The Action Network Group, Inc.
12180 Millennium Drive, Suite 500
Playa Vista, CA 90094
Attn: DMCA Agent

E-mail: feedback@actionnetwork.com
E-mail Subject: “DMCA Request”

9. Disclaimers

THE ACTION NETWORK GROUP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE ACTION NETWORK GROUP CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE ACTION NETWORK GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ACTION NETWORK GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF THE ACTION NETWORK GROUP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST THE ACTION NETWORK GROUP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

You understand that the Site contains information about sports, fantasy sports, and sports betting, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. THE ACTION NETWORK GROUP ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.

10. Applicable Law and Venue; Dispute Resolution

By use of this Site you irrevocably consent to the application of the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions, to govern any and all disputes with the Action Network Group related to these Terms of Use.  Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of Essex County, Massachusetts or the U.S. District Court for the District of Massachusetts.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Essex County, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate the Action Network Group’s intellectual property rights, the Action Network Group may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.  Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.  Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute.  The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion.  However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses.  The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information.  Neither party may use, disclose, or divulge any such information unless otherwise required by law.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  You agree to an arbitration on an individual basis.  In any dispute, NEITHER YOU NOR THE ACTION NETWORK GROUP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

11. Age Restriction

THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER.  USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE.  BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.  

12. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES ARE THE ACTION NETWORK GROUP, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE ACTION NETWORK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.

13. Indemnity:

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.  

The Action Network Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the Action Network Group’s prior written consent.

14. Rights to Terminate Use.

Upon termination of your account for any reason, the Action Network Group will retain your data in accordance with its Privacy Policy.  Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.

To the extent that any part of this Site offers subscriptions to users, the Action Network Group reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.  

You agree that the Action Network Group reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where the Action Network Group has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE ACTION NETWORK GROUP AND WITHOUT ANY LIABILITY WHATSOEVER, THE ACTION NETWORK GROUP AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to the Action Network Group, for which monetary damages would be inadequate, and you consent to the Action Network Group obtaining any injunctive or equitable relief that the Action Network Group deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Action Network Group may have at law or in equity.

15. State-Specific Provisions.  

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  The Action Network Group may be contacted via e-mail at feedback@actionnetwork.com.

16. Miscellaneous.  

The Action Network Group’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  The Action Network Group may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent.  You will not assign any of your rights or delegate any of your obligations under these Terms of Use without the Action Network Group’s prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms of Use.  If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, along with any other provisions which by their nature should survive, shall survive any termination of these Terms of Use.  These Terms of Use, together with the Action Network Group’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, the Action Network Group’s Privacy Policy, or this Site, please feel free to contact the Action Network Group by e-mail at feedback@actionnetwork.com.

These Terms of Use was last updated on February 12, 2018.