Terms and Conditions

Effective Date: October 10, 2024

These Marquee Sports Network Terms and Conditions (these “Terms”) are agreed to between Marquee Sports Network, LLC, a Delaware limited liability company (“Marquee Sports Network,” “we,” “our,” or “us”), on behalf of ourselves and our affiliates, and you.

These Terms, together with Marquee Sports Network’s Privacy Policy set forth the terms and conditions that apply to your access and use of the Marquee Sports Network website, the Marquee Sports Network App and all other sites, mobile sites, services (including Marquee Sports Network subscriptions), applications, platforms, and tools where these Terms, or any portion thereof, appear or are linked (collectively, the “Services”). You and other individuals or entities using the Services are collectively referred to as “Users.”

Please carefully read these Terms before using our Services. By using or accessing our Services, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms, or do not meet the qualifications included in these Terms, Marquee Sports Network is not willing to provide you with access or use of the Services, and you must not access or use the Services.

This Agreement contains a Dispute Resolution section, including an arbitration agreement, class action waiver, and jury trial waiver that affect your legal rights. In arbitration, there is less discovery and appellate review than in court. Please review these provisions carefully.

Marquee Sports Network reserves the right to amend or modify these Terms and to impose new or additional terms or conditions on your use of the Services, at any time, whether by making those modifications available through the Services or by providing notice to you. Any such changes or additions shall be effective immediately following posting through the Services or delivery of such notice. You may cease using the Services or terminate these Terms at any time if you do not agree to any modification. However, your continued use of the Services following the posting of changes to these Terms will be deemed acceptance of any modifications.

1. OWNERSHIP AND USE RESTRICTIONS

The Services are owned and operated by Marquee Sports Network and its service providers acting on its behalf. Marquee Sports Network, its service providers, and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”

The Services are intended for use by Users 13 years of age and older. If you are under 18, you may use these Services only with permission and supervision of a parent or guardian.

The content and materials contained within the Services (including, without limitation, video, audio, photos, text, images, graphics, data, statistics, updated scores and results, logos, and all copyrights and intellectual property related to the Services, Marquee Sports Network, and Marquee Sports Network sponsors, licensees, and other affiliates) (the “Content”) are copyrighted or trademarked by Marquee Sports Network. Please feel free to browse the Services. You may download one copy of any Content of material displayed on the Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. However, modification or use of the Materials in any other manner is a violation of the Operators’ copyright and other intellectual property rights. The Content may also not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly performed, publicly displayed, or otherwise used in any manner, except as expressly provided in these Terms, without the express written permission of Marquee Sports Network. The Operators maintain the Services for your personal entertainment, information, education, and communication.

The word marks and logos of Marquee Sports Network and WatchMarquee are the exclusive registered service marks of Marquee Sports Network (the “Marquee Sports Network Trademarks”). All other word marks and logos (“Trademarks”) appearing in the Services are Trademarks of their respective owners.

Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marquee Sports Network Trademarks or Trademark displayed in the Services in any manner without the express written permission of its respective owner. Any use of the Marquee Sports Network Trademarks and/or Trademarks displayed in the Services, or any other Content, except as provided in these Terms, is strictly prohibited.

The Services, and the databases, software, hardware, and other technology used by or on our behalf to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute confidential trade secrets of Marquee Sports Network. You shall have no rights to the Technology.

2. THIRD-PARTY CONTENT

The Services may contain links to third-party websites and services. Marquee Sports Network provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Marquee Sports Network has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Marquee Sports Network 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 any such third-party websites or services.

3. PROHIBITED CONDUCT

You agree not to:

Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate the rights of third parties, including intellectual property rights;
Interfere in any way with security-related features of the Services;
Access, monitor, or copy any Content or information from the Services using any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through automatic processes, information about other Users for any purpose without Marquee Sports Network’s express written permission and the express permission of the Users;
Access or attempt to access the Technology, except as expressly provided in these Terms;
Copy, modify, decompose, decompile, reverse engineer, disassemble, deconstruct, or create derivative works from the Technology;
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other Users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.

4. ACCOUNT REGISTRATION

In order to access certain features of the Services, you may be required to register for an account (“Account”) with Marquee Sports Network by providing certain identifying information about yourself, which may include, but is not limited to, your name, email address, date of birth, gender, credit card number, billing address, telephone number, and other contact information, and to create a username and password (“Registration Information”). Please review Marquee Sports Network’s Privacy Policy for an explanation of how such information may be collected and used. Approval of your request to establish an Account will be at our sole discretion. When registering for and maintaining an Account, you expressly agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Marquee Sports Network for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other Users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your Account is no longer secure, you must immediately notify us at contact@marqueesportsnetwork.com. In addition to all other rights available to us, including those set forth in these Terms, Marquee Sports Network reserves the right, at our sole discretion, to terminate your Account and refuse Services to you.

5. MESSAGE FEATURES AND SUBMISSIONS

The Services may offer opportunities for you to make submissions through the Services (i.e., user-generated content), including through messages, comments, or forums to communicate with other Users about various sports featured on the Services (each, a “Submission” collectively “Submissions”). These Submissions may include creative ideas, concepts, know-how, techniques, suggestions, content, or materials (including, without limitation, video, audio, photos, text, data, images, and graphics).
You are solely responsible for all Submissions that you provide through the Services. You represent and warrant to us that neither your Submissions, nor the use of your Submissions by us as permitted herein, will: (i) violate these Terms or any local, state, national, or international law; (ii) be defamatory, libelous, slanderous, obscene, abusive, pornographic, harmful, profane, dangerous, or inaccurate; (iii) infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy, or any other proprietary right; (iv) be otherwise illegal, offensive, or inappropriate, including by advocating or encouraging conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (v) contain confidential information that may not be read or intercepted by others; (vi) contain advertising, promotions, or commercial solicitations of any kind; (vii) constitute or contain false or misleading indications of origin or statements of fact; (viii) be considered junk mail, “spam,” a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement; (ix) contain any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider, or other similar harmful or deleterious programming routine; (x) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security tools used by the Services; or (xi) assist any third party in engaging in any activity set out in this list above or otherwise prohibited by these Terms. You acknowledge and agree that you relinquish all ownership rights in any Submissions that you make through our Services and that Marquee Sports Network reserves the right (but has no obligation) to monitor, remove, or modify any of your Submissions and that we may publish, transmit, display, or disclose your Submissions to any third party.
In addition to any other rights granted to us under these Terms, by transmitting any Submission through our Services, you are granting the Operators a perpetual, royalty-free, non-exclusive, sub-licensable, fully paid-up, unrestricted, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, and display each such Submission, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes. This means that anything submitted by you to the Services will be used exclusively by Marquee Sports Network and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of Marquee Sports Network. The Operators shall also have the right, but not the obligation, to use your name in connection with your Submission without seeking or receiving your further consent.
You represent and warrant that your Submissions are accurate and that you own or otherwise control all rights necessary for you to grant the licenses in this Section, including but not limited to permission from or on behalf of any individuals that appear in your Submissions for us to use their name, image, voice, and/or likeness without compensation to you or any other person or entity. You agree that you are solely responsible for your Submissions and for any consequences of submitting them to our Services.

6. TERMINATION

The Operators may, at their sole discretion, change, suspend, or discontinue any aspect of the Services at any time with or without notice, including the availability of any of the Services’ features, databases, or content. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, the Operators may, at their sole discretion, decline service, suspend, or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your Account at any time by contacting Marquee Sports Network at contact@marqueesportsnetwork.com. After your Account is terminated, information and content previously provided by you will no longer be accessible through your Account, but Marquee Sports Network may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

7. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

Although the Operator seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. The Operators make no representation that the materials contained in the Services are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ON BEHALF OF THE OPERATORS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATORS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, OR TIMELY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK.

8. INDEMNIFICATION

You hereby agree that you will be personally responsible for your use of the Services and you agree to defend, indemnify, and hold the Operators and each of their respective members, operators, directors, officers, employees, shareholders, agents, affiliates, and representatives harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Services; (ii) any of your Submissions; (iii) any violation of these Terms or the Privacy Policy; (iv) your violation of any applicable local, state, national, or international law, or of any third party’s rights; and (v) any disputes or issues between you and any third party. Marquee Sports Network reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

9. CHOICE OF LAW AND VENUE

Any and all Disputes arising out of or related to this Agreement or to your use of any of the Services shall be governed by, and construed and interpreted in accordance with, the laws of the State of Illinois, United States of America, without regard to conflict of law principles. Subject to Section 10, which provides that Disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Marquee Sports Network agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the County of Cook, State of Illinois, for the purpose of litigating all such disputes, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.

10. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER)

Please read this section carefully. It affects your legal rights. It provides for resolution of most, but not all, disputes arising out of or relating to this Agreement or your use of any of the Services between you and Marquee Sports Network through individual binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery and appellate review are more limited. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by applicable law. This section survives termination of the Agreement and the relationship between you and Marquee Sports Network.

ARBITRATION (the “arbitration agreement”)

Binding Arbitration. Any dispute or claim arising out of or relating to this Agreement, or your use of any of the Services, whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis. Whether a Dispute is within the jurisdictional limits of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide.

Dispute shall include: (i) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of this Agreement.

The arbitrator shall decide all issues, including regarding the scope, validity, and enforceability of the arbitration agreement, which issues relate to arbitrability, and any other issues regarding the provisions of this Dispute Resolution section.

This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Marquee Sports Network agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (and not state arbitration law).

Required Informal Resolution Process. You and Marquee Sports Network agree to work together in an effort to informally resolve any Dispute between us.

The party raising the Dispute must send the other a written notice within one year of the Dispute arising that includes all of this information: (i) information sufficient to identify any transaction and account at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party raising the Dispute (and their counsel, if represented). If you are the initiating party, you must send this notice to contact@marqueesportsnetwork.com. If Marquee Sports Network is the initiating party, we will send this notice to the most recent contact information we have for you.

For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree that the parties (and their counsel) will negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in resolution. If such a conference is requested, you and a Marquee Sports Network representative will personally attend either in-person or by phone/videoconference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

Completion of this Required Informal Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration or in litigation. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and no Dispute shall be filed with any court or arbitration tribunal prior to the resolution of the contested issue regarding the Process. The court shall have the authority to enforce this condition precedent to arbitration of any Dispute, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in connection with any Dispute in arbitration.

All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process (a period of 60 days from receipt of a completed notice or until such time as agreed upon by the parties). You or we may commence arbitration if the Dispute is not resolved through this Process, consistent with the remainder of this Agreement.
Arbitration Procedures.The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at adr.org.

An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to 3721 N Clark St, Chicago, IL 60613 and follow the AAA Rules for initiating arbitration. If Marquee Sports Network is submitting an arbitration demand, we shall send it to the American Arbitration Association – Case Filing Services, 101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 and follow the AAA Rules for initiating arbitration.

By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Required Informal Dispute-Resolution Process in Section 10.2 and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

Any in-person hearing will be held in Cook County, Illinois, or at a location that is reasonably convenient to both parties. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and Marquee Sports Network agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding, other than as arbitration rules may permit for the consolidation of administrative pre-hearing matters. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. Judgment on any arbitration award may be entered in any court of competent jurisdiction. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. The arbitrator shall have authority to award the same damages and relief that a judge in a court of law would have, provided that the arbitrator shall not have authority to award punitive damages unless authorized to do so by statute.
Costs of Arbitration/Fees.
1. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and Marquee Sports Network agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
2. In the event that either party initiates a proceeding involving any Dispute other than in accordance with this Section 10, or initiates a proceeding involving a Dispute other than in the Forum as applied in Section 9, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this arbitration agreement and the Forum to which the parties have herein agreed.
Additional Procedures for Mass Arbitration. You and Marquee Sports Network agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against Marquee Sports Network by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
1. STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Marquee Sports Network shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). The parties, or the AAA, may determine how many cases (up to a limit of 5 unless the parties agree otherwise) may be assigned to a single arbitrator. If a Claimant withdraws his or her Claim before the issuance of an arbitration award, another Claimant shall be selected by Marquee Sports Network to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a former federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One).
2. STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Marquee Sports Network shall each select 25 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes remaining, all shall proceed individually in Stage Two). Each side may seek to replace up to five (5) arbitrators with new arbitrators, and up to five (5) Disputes may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a Claimant withdraws his or her Claim before the issuance of an arbitration award, another Claimant shall be selected by Marquee Sports Network to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a former federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two).
3. If the remaining Disputes are not resolved after completing Stage Two, you and Marquee Sports Network may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with this Agreement. You also may individually opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to Marquee Sports Network via email to contact@marqueesportsnetwork.com within thirty (30) days after the conclusion of the second global mediation session. Marquee Sports Network may opt your Dispute out of arbitration by sending an individual, personally signed notice of its intention to opt out to you or your counsel via email within fifteen (15) days following the conclusion of your thirty (30) day opt-out period.
4. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process.
5. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

Class Action Waiver

YOU AND MARQUEE SPORTS NETWORK AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND MARQUEE SPORTS NETWORK AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARQUEE SPORTS NETWORK WAIVE THE RIGHT TO A JURY TRIAL.

D. This Section shall apply, without limitation, to all Claims that arose or were asserted before the Effective Date of these Terms and shall survive termination of your relationship with Marquee Sports Network.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), Marquee Sports Network has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Services (the “Designated Agent”). All such notifications relating to the Services must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Marquee Sports Network

3721 N. Clark St.

Chicago, IL 60613

To be effective, the notification must be a written communication that includes the following: (i) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (iii) 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 which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. ONLINE PURCHASES

Subscriptions. The Services may allow you to purchase access to Content on a subscription basis (a “Subscription”). The Subscription period will last for a calendar month starting on the date of subscription (“Subscription Period”). Subscriptions automatically renew monthly until cancelled. All purchases and payments will be subject to sales tax. Marquee Sports Network will notify you if the price of any of your Subscriptions increases and, if required, your consent will be requested to charge you the increased price of your Subscriptions. You will be charged no more than 24 hours prior to the start of the latest Subscription Period. If we cannot charge your payment method for any reason (such as expiration of payment method or insufficient funds), and you have not cancelled the Subscription, you remain responsible for any uncollected amounts. This may result in a change to the start of your next Subscription Period and may change the date on which you are billed for each period, as displayed on your receipt. Marquee Sports Network reserves the right to cancel your Subscription if we are unable to successfully charge your payment method to renew your subscription.

When your Subscription to any Services or Content ends, you will lose access to any functionality or Content of that Service that requires a Subscription.
Subscription Payment. You may purchase Subscriptions at our website or with payment methods provided by the applicable app stores, which may include Android, Apple, Amazon, Roku, and Samsung. You agree to abide by any relevant terms of service and any other legal agreement that govern your payment through app stores. When you purchase a Subscription, you agree that Marquee Sports Network will charge the payment method you provide on the first day of each Subscription period. If, for any reason, a payment cannot be processed using your provided payment method, we may terminate your subscription. You must pay all amounts accrued in your Account, including sales tax, when due. Neither the Vendors nor the Operators are responsible for, and may not be held liable for, any breaches in transaction security by any third party. Marquee Sports Network reserves the right to modify these payment terms, including subscription fees, at its sole discretion, as permitted by applicable law.
Subscription Cancellation. You may cancel your Subscription any time before the end of the current Subscription Period and the cancellation will take effect on the first day of the next Subscription Period. You will retain your access to the benefits from the time you cancel until the start of the next Subscription Period. You will not receive a refund or credit for any remaining days in your current Subscription Period. All subscription payments are non-refundable, regardless of your option of subscription, as the benefits are provided immediately after subscription.

To manage your Subscriptions, please visit our website or the relevant app store. If you have any questions or concerns, please contact Marquee Sports Network customer service by calling 800-571-8453.

13. TRANSACTIONS

If you wish to purchase any Subscriptions or Merchandise (each a “Transaction”) available through the Services, you may be asked to supply certain Transaction Information. You represent and warrant that you have the legal right to use any Transaction Information provided in connection with any Transaction. By submitting Transaction Information to us, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction. For more information about how we may use and protect your Transaction Information, please review Marquee Sports Network’s Privacy Policy.

14. PROMOTIONS

Marquee Sports Network may occasionally offer promotions to encourage Users to purchase Subscriptions and Merchandise (“Promotions”). The specific terms of each Promotion shall be provided at the time the Promotion is offered. Each Promotion may be different and Promotions cannot be combined. Marquee Sports Network reserves the right to limit availability of and eligibility for Promotions and to terminate Promotions at any time, at our sole discretion. You may be required to provide Transaction Information when you sign up for a Promotion. For Promotions involving Subscriptions, at the end of the promotional period, you will automatically be signed up for the related Subscription that will begin at the end of the Promotion, or in the event of a discounted Promotion, you will be charged the regular rate disclosed when you signed up. We may not notify you in advance that the Promotion is about to end. To cancel, you must notify us before the Promotion ends.

15. MODIFICATIONS TO OFFERINGS

Marquee Sports Network reserves the right to make changes to the Merchandise and Subscriptions offered at any time. If any or all of our Merchandise or Subscriptions are temporarily unavailable, you will not receive a refund. If we temporarily reduce or eliminate the charge for Merchandise or Subscriptions that you are currently paying for under different terms, you may not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

16. VOTES

The Services may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth by the Services applicable to that event as well as in these Terms.

17. MISCELLANEOUS

These Terms constitute the entire agreement between you and the Operators and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms, and your use of the Services after such amendment is posted will constitute acceptance of it by you. The section headings in these Terms are for convenience only and may not be given any legal import. If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

We may assign these Terms in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise), without Marquee Sports Network’s prior written consent. In the event that Marquee Sports Network is acquired by or merges with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms, Marquee Sports Network support staff or other Marquee Sports Network employees do not have the authority to amend any of these Terms or to bind Marquee Sports Network to any legal or other obligation not already set forth in these Terms.

18. FORCE MAJEURE

Marquee Sports Network will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to Marquee Sports Network to perform, fire, terrorism, natural disaster, epidemic, pandemic, or war.

19. ACCEPTANCE OF TERMS

By using the Services, you affirm that you are least 18 years of age and are fully able and competent to enter into these Terms and Privacy Policy in their entirety. If you do not agree with the terms included herein, you must not use the Services. Marquee Sports Network may change these Terms at any time and in any manner, and your use of the Services after such changes are posted shall be deemed to indicate your acceptance thereto.

20. CONTACT INFORMATION

If you have questions or comments about these Terms, please contact contact@marqueesportsnetwork.com.

Terms and Conditions

Don’t Miss Out On The Action!