Terms of Service
Welcome to MHS Fantasy Sports.
MHS Fantasy Sports offers Baseball, Basketball and Football fantasy games.���
PLEASE SCROLL DOWN AND READ THE TERMS OF SERVICE �AGREEMENT� CAREFULLY BEFORE USING MHS Fantasy Sports. By using the MHS Fantasy Sports, you signify your agreement to these terms of use and are of legal age to enter this agreement. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.
1. Definitions
MHS Sports LLC dba MHS Fantasy Sports is a premium on-line membership based service. "Member" is defined as a person who accesses MHS Fantasy Sports.� Each Member will have an account (user id and password) for access to and use of MHS Fantasy Sports.
2. General
(A) This Agreement, which incorporates by reference other provisions applicable to use of MHS Fantasy Sports governing the use of certain specific material contained in MHS Fantasy Sports, sets forth the terms and conditions that apply to use of MHS Fantasy Sports by Member. By subscribing to MHS Fantasy Sports, Member agrees to comply with all of the terms and conditions hereof. The right to use MHS Fantasy Sports is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account (under any screen name/username or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Only one individual may access MHS Fantasy Sports using the assigned same screen name/username or password. Member shall be responsible for protecting the confidentiality of Member's password(s), if any.
(B) MHS Fantasy Sports shall have the right at any time to change or discontinue any aspect or feature of the MHS Fantasy Sports program, including, but not limited to, content, availability, and equipment needed for access or use.
3. Changed Terms
MHS Fantasy Sports shall have the right at any time to change or modify the terms and conditions applicable to Member's use of MHS Fantasy Sports, or any part thereof, or to impose new conditions, including, but not limited to, changing fees and charges for use. Any use of MHS Fantasy Sports by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
4. Disclaimer of Warranty; Limitation of Liability
(A) Member agrees that use of MHS Fantasy Sports is at member�s sole risk. Neither MHS Fantasy Sports, it�s affiliates nor third party content providers or licensors warrant that MHS Fantasy Sports will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of MHS Fantasy Sports, or as to the accuracy, reliability or content of any information, service provided through MHS Fantasy Sports.
(B) This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, comport virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, behavior, negligence, or under any other cause of action. Member specifically acknowledges that MHS Fantasy Sports is not liable for the defamatory, offensive or illegal conduct of other members or third-parties and that the risk of injury from the foregoing rests entirely with member.
(C) In no event will MHS Fantasy Sports, or any person or entity involved in creating, producing or distributing MHS Fantasy Sports be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use MHS Fantasy Sports. Member hereby acknowledges that the provisions of this section shall apply to all content on MHS Fantasy Sports.��
(D) All team fees are to be paid in full before the start of each sports season.
If a member threatens another member/members or is disruptive to a league/leagues, he/she may be removed from MHS Fantasy Sports and not receive a refund on fees paid.
Once the season has begun, there is no refund on fees paid.
5. Indemnification
Member agrees to defend, indemnify and hold harmless MHS Fantasy Sports, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of the use of MHS Fantasy Sports by Member or Member's Account.
If a lawsuit is filed against MHS Fantasy Sports, the
venue for any lawsuit MUST Be filed in
6. Billing
MHS Fantasy Sports Fees are to be paid in FULL before the start of a sports season.
If payments are not made in a timely manner MHS Fantasy Sports reserves the right to either suspend or terminate Member�s access to their account, thereby terminating this Agreement and all obligations of MHS Fantasy Sports.
Member of MHS Fantasy Sports is not, however, relieved of debt owed to MHS Fantasy Sports.
MHS Fantasy Sports takes the issue of your privacy seriously. We do not share your credit card information with anyone else.
MHS Fantasy Sports Member accounts can be transferred to another entity in the event of a merger or acquisition of the Company.
7. Eligibility requirement for entering games.
The games are open to all residents of the fifty United States and the District of Columbia, and to all residents of Canada who are 17 years of age or older at the time of entry.
If you do not have a username and password and need any additional information on how to enter or play a particular game please contact MHS Fantasy Sports at Mark@MHSsports.com
8. Cancellation/Refund Policy
MHS Fantasy Sports Fees are to be paid in FULL before the start of a sports season.
If payments are not made in a timely manner MHS Fantasy Sports reserves the right to either suspend or terminate Member�s access to their account, thereby terminating this Agreement and all obligations of MHS Fantasy Sports.
Member of MHS Fantasy Sports is not, however, relieved of debt owed to MHS Fantasy Sports.
There are no prorated refunds.
Refunds will only be given before the start of the season.
9. Disputes
Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with MHS Sports LLC shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules (January, 1999) of the American Arbitration Association in Washington, D.C.; (2) The participant acknowledge that the officers of the Company are acting on behalf of the Company, and any and all legal action related to this agreement must be brought against the company and not an officer, manager or director of the company (3) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including membership fees but in no event attorneys' fees;�� and (4) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Entire Agreement
This Agreement and our Legal Disclaimer and any operating and game rules for MHS Fantasy Sports constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement was last revised September 10, 2008.