HomeTerms & Conditions

Updated as of January 31, 2020.

These Terms and Conditions of Use (“Terms of Use”) contain disclaimers of warranties and disclaimers of liability. Please read them carefully.

NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUSING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.

GENERAL

These Terms of Use apply to this website, related Ocean Inc websites, and mobile applications (each a “Website”), and services that link to this policy (such services and the Websites shall collectively be referred to as the “Services”) unless we have posted specific terms of use to a particular website or with respect to a particular service. In that case, those specific terms of use apply to that website or service to the extent that they are different from these Terms of Use. Services are provided by or on behalf of Ocean Inc or its affiliates or subsidiaries (collectively “Company,” “we,” “us,” “UTAH STINGERS”). By using the Services, you signify your agreement to these terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services.

Please note that these Terms of Use contain capitalized words or phrases. These words and phrases are defined terms. Their definitions are found either in our Privacy Policy in these Terms of Use.

These Terms of Use apply to you whether you are a “Visitor” (which means that you are simply visiting a Website) or a “Registered Fan” (which means that you have registered to participate in online activities or paid services). The term “User” refers to both a Visitor and a Registered Fan. Registered Fans are also referred to simply as “Fans.” The term “Membership” refers to a Registered Fan’s account and ability to post to and participate in activities and services hosted on a Website or on the Services. If you wish to become a Registered Fan, you must read these Terms of Use and indicate your agreement with these Terms of Use and with any other instructions or requirements that may be part of a registration process.

ELIGIBILITY. 

Fans may not register with the Services unless: (a) all registration information you submit is accurate, current, and complete; (b) you agree to maintain the accuracy of such information; (c) you are 10 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos, or other content (“Participation”). Any content generated by a User involving the use of any functionality of a Website is referred to as “User-Generated Content.”

Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you have misrepresented your age or otherwise violated these Terms of Use. You may not engage in any form of Participation on behalf of another person and if we believe you have, we reserve the right to remove it.

We may change these Terms of Use at any time. We suggest that you review these Terms of Use periodically for changes. Your use of the Services after the posting of changes to these Terms of Use will mean you accept the changes. Where, however any change to these Terms of Use is a material change (i.e. not one which is merely a small or technical change which does not affect you in any material way), we will post a notice or we will notify you of the relevant change(s) by email, using the email address you provided to us at registration. Your continued use of the Services after the changes come into effect will mean you accept the changes.  The most up-to-date version of these Terms of Use will always be available on our Website and when we notify you that the Terms of Use are changing we recommend that you print the latest version for your records.

The Services are based in the United States. By using the Services and/or by submitting personal information to the Services, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.

MOBILE APPLICATIONS

The Company makes available mobile applications to access the Services via a mobile device (“Mobile Applications”).  To use a Mobile Application, you must have a mobile device that is compatible with the applicable mobile service.  The Company does not warrant that the Mobile Application will be compatible with your mobile device.  The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on mobile devices owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms of Use are between you and the Company only, and not with Apple, Inc. (“Apple”).
• Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
• The Company, and not Apple, is solely responsible for our iOS App and the Services available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
• You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the Company’s iOS App.  Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms of Use are between you and the Company only, and not with Google, Inc. (“Google”).
• Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App.  The Company, and not Google, are solely responsible for the Company’s Android App and the Services available thereon.  Google has no obligation or liability to you with respect to the Company’s Android App or these Terms of Use.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Company’s Android App.

COPYRIGHT, OWNERSHIP, AND RESTRICTIONS ON USE OF MATERIALS

All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and are protected by state, federal, and international trademark laws. All rights not expressly granted herein are reserved.

The textual, photographic, video, audio, and combined audiovisual programs and products resulting from our games and events, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission.

Anyone who displays, reproduces, copies, creates derivative works, or sells our textual, photographic, video, or audiovisual programs for commercial or non-commercial purposes without our permission violates copyright laws and is liable for copyright infringement. Any person who uses our marks or any similar marks in such a way that it dilutes the distinctive quality of the marks or that creates a likelihood of confusion with the marks for commercial purposes without our permission on goods or for services is liable for trademark infringement.

If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by us or our third-party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises and/or Software, is strictly prohibited.

We do not transfer title to the Software to you, and we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any of the Software to readable form.

MONITORING OF SERVICES

We expressly reserve the right to monitor any and all uses of the Services; however, we are under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so. We assume no responsibility or liability arising from or relating to the content of any transmissions by third-parties to or through the Services or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity, or inaccuracy contained in any information transmitted by third-parties to or through any location on the Services.

You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms of Use, or any other term or condition of use posted on the Services.

Please note that we may release your personal or payment information if required to do so by law, or by search warrant, subpoena, or court order or other legal process. We also may disclose your personal or payment information if we have a good faith belief that such disclosure is reasonably necessary to detect or prevent fraud and to protect the rights, property, health, or personal safety of the Company, its employees, our third-party partners or licensors, customers, or the public. We also may disclose your personal or payment information if you or your legal representative authorizes us to do so or if necessary to perform credit checks or collect or report debts owed to us. Please see the Privacy Policy for more information about the circumstances under which we might release your personal or payment information.

SUBMISSIONS

At times, we may solicit from Visitors to the Websites information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork, or other materials. Of course, Visitors to a Website may have the ability to submit information of this type to us even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this Website or any other Website, is referred to as “Submissions”.

By submitting any Submission, whether solicited by us or not, you are automatically granting us a perpetual, royalty-free, non-exclusive, assignable, unrestricted, worldwide, irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display, or otherwise utilize such Submissions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”).

This grant of Rights means that all Submissions may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Company. We also have the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online, or other use or publication of your Submission. We assume no responsibility for reviewing such Submissions and we shall have no liability as a result of any similarities between your Submissions and future products, services, or programs. You represent and warrant that: (i) you own the Submissions posted by you on or through the Services (or have the right to grant the appropriate license), and (ii) the posting of your Submissions on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person by reason of any Submissions submitted by you, including without limitation our exercise of our Rights in such Submissions.

We are not responsible for and make no warranties, express or implied, as to the User-Generated Content appearing on any Website or the Services, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the Services. You post User-Generated Content to the Services at your own risk. Although we may provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that your User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the Services does not necessarily reflect our opinions or policies.

THIRD-PARTY CONTENT

Please exercise discretion while browsing the Internet or using the Services. You should be aware that while using the Services you could be directed to other websites by links and other features found on the Services. If you click on those links or other features, you may be visiting a website or service that is not owned or operated by the Company and over which we have no control. For example, if you click on a banner advertisement, the click may take you to the website of a company that is not related to us and over which we have no control. This includes links from advertisers, sponsors, content partners, and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other websites or services may collect data, solicit personal information, and/or generate cookies on your computer in a manner different from our Services. These other websites or services also may contain information that you may find inappropriate or offensive.

We are not responsible in any way for the content or availability of information found on any website or service owned by a third-party that may be linked to a Website or our Services by a hyperlink, whether such hyperlink is provided by us or by a third party. By providing access to third-party websites or advertisements, we are not endorsing the products or services provided by the owner or operator of such websites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality, or decency of material contained in third-party websites or services linked to the Services. We cannot ensure that you will be satisfied with any products or services you purchase from a third party that links to or from the Services or that you purchase through third-party advertising or content on the Services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services, and content of third-party websites, including third-party websites or services accessible by links from the Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

DISCLAIMERS

THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

To the extent we have assigned to you an account through the Services or you have obtained an account by registration as a Fan, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend, and hold the Company and our affiliates, officers, directors, owners, agents, information providers, partners, sponsors, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE COMPANY AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SERVICES.

COMMENTING ON A WEBSITE OR OTHER SERVICES

We may create opportunities on the Websites and Services for our fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite teams and players. In order to maximize this opportunity for all fans, we require that fans agree to the following terms when they participate in commenting.

1. Post only appropriate content

What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a Website or any Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content, terminating the registration of such violators, and/or pursuing criminal action. Prohibited content includes, but is not limited to, content that:

Harasses or advocates violence or harassment of another person;

Publicly posts information that poses or creates a privacy or security risk to any person;

Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

Solicits personal information from anyone under the age of 18;

Promotes any criminal activity or enterprise;

Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

Involves commercial activities or sales or contests or advertising, without our prior written consent;

Includes a photograph or video of another person that you have posted without that person’s consent;

Imitates or purports to be a posting to a Website by anyone other than the person actually posting.

1. Keep your Guard Up!

You agree to choose carefully the User-Generated Content you post on or through the Services and that you provide to other Users. Although the Services may not include any form of Prohibited Content, as defined in Section A above, some information, materials, products, or services submitted to the Services by other Fans may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and we assume no responsibility or liability for such material.

Remember that although the use of screen names by Fans is not a violation of the Terms of Use, people are not always who they say they are. You should always be careful when communicating with people you do not know in the real world. And it is always risky to meet anyone in person whom you don’t know through real world friends.

Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number.

You are solely responsible for your interactions with other Fans. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Fans.

We cannot guarantee that any Participation or User-Generated Content on a Website was actually created by the individual or entity claiming authorship.

1. Abide by All Laws

You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Services without our express written permission and that of any other necessary party. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.

You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. We have the right to terminate the Membership of infringers.

We reserve the right, in our sole discretion, to reject, refuse to post, or remove any User-Generated Content (including private messages) or to deny, restrict, suspend, or terminate your access to all or any part of any Services, including a Website, at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove profiles from the Services and/or deny, restrict, suspend, or terminate your access to any Services, including a Website, if we determine in our sole discretion, that you have violated these Terms of Use or pose a threat to us and/or our fans.

Illegal and/or unauthorized use of any Service, including collecting usernames, and/or email addresses of fans by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any Service, including any Website, or employing third-party promotional sites or software to promote a profile or posting on any Service for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any Service including this one without notice or explanation and may result in termination of registration. We reserve the right to take appropriate legal action for any illegal or unauthorized use of any Website or any of the other Services.

When you post content to any Service, this content is considered a Submission, as described above, and we have all of the rights and privileges described therein and elsewhere in these Terms of Use.

JURISDICTIONAL ISSUES

The Services are controlled and operated by or on our behalf and on behalf of our affiliates. We make no representation that materials or products offered on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the Services are further subject to United States export controls. No software or products offered on the Services may be downloaded, shipped, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the Software offered on the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

We may terminate your access to the Services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the Services. Upon termination of your use of the Services, you must cease use of the Services and destroy all materials obtained from the Services and all copies of such materials.

We may terminate your status as a Registered Fan, delete any Website participation or any posting to any Website or other Service at any time, for any or no reason, with or without prior notice or explanation, without liability, and these Terms of Use will remain in effect. If you have any problems with the Services or your use of the Services or with these Terms of Use, your sole and exclusive remedy is to cease using the Services.

Dispute Resolution and Arbitration; Class Action Waiver.

Please read this provision (this “Provision”) carefully.  It affects your rights.

Most User concerns can be resolved quickly and to a User’s satisfaction by contacting us at info@stingersnvausa.com.  This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully.  It provides that all Disputes between you and the Company shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “the Company” means Ocean Inc and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, owners, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to the Company, Ocean Inc., 3651 North 100 East St 375, Provo, UT 84606 Attn: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT, IF YOU ARE A VISITOR, FIRST VISIT OR ACCESS THE WEBSITE OR SERVICES, OR, IF YOU ARE A REGISTERED USER, YOU FIRST REGISTER AND ACCEPT THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to the Company at Ocean Inc., 3651 North 100 East St 375, Provo, UT 84606 Attn: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or the Company may initiate arbitration in either Fairfield County, Connecticut or the federal judicial district that includes your billing address.  In the event that you select the federal judicial district that includes your billing address, the Company may transfer the arbitration to Fairfield County, Connecticut in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration.  You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Company and you agree that Company and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Services will be brought only in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Company and you further agree that Company and you shall not participate in any consolidated class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Services.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in the United States District Court for the District of Connecticut.

Jury Waiver

You understand and agree that by entering into this Agreement you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

GENERAL PROVISIONS

If any provision of these Terms of Use shall be 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 of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of the Services. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Use or the Website or Services will be heard in the courts located in Fairfield County, Connecticut.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

(f) your physical or electronic signature.

Our Copyright Agent can be reached at: Copyright Agent UTAH STINGERS, 3651 North 100 East St 375, Provo, UT 84606  We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringers. We also may at our sole discretion limit access to the Services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.