Welcome to the NFHS Network. The NFHS Network captures the passion, pride, and energy of the high school experience by delivering live high school sports and events to family members and fans whenever they want, wherever they are. NFHS Network events are available to subscribers online at www.NFHSnetwork.com as well as through the NFHS Network branded iPhone and Android mobile apps.
These Terms are subject to change on occasion, so you should review these Terms from time to time, as you will be deemed to accept such changes through your continued use of the Service. We hope you enjoy your experience with the NFHS Network.
By using, visiting, or browsing the Service (whether through a web browser or one of our mobile applications), you accept and agree to be bound by these Terms. If you do not agree to these Terms, you cannot use the Service or any element thereof. You accept these Terms when you create an account or become a member of the Service. Your use of our mobile applications is also subject to any additional terms and/or end user license agreements included with these applications.
MEMBERSHIP, SUBSCRIPTION AND BILLING
The NFHS Network provides video events and other digital content to visitors to our website and other user interfaces. The NFHS Network reserves the right in its discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Service, (iii) to remove any content from the Service, and/or (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Service or any subscription or access to the Service. We are not liable to you or to any third-party for any such modifications, suspensions or discontinuances of the Service or subscriptions or access.
You may be charged additional fees for the Service, products, or other offerings or services, including but not limited to additional amounts owed to us, third-party companies, and/or governmental entities including tax (collectively referred to as "Convenience Fees"). All taxes owed, whether or not itemized as part of the Convenience Fees, are your responsibility. Convenience Fees may vary depending on type of products and services and may be changed at any time.
NFHS NETWORK MEMBERSHIP
Access to certain content on the Service may require an NFHS Network membership, in which case you will be required to establish a valid email address and verified password in order to access this content. The NFHS Network reserves the right, with or without notice to you, to determine which content is accessible either at no charge or via an NFHS Network membership, in our sole and absolute discretion.
NFHS NETWORK SUBSCRIPTION
Access to premium content on the Service may require a paid NFHS Network subscription, in which case you will be required to provide certain information to register as an NFHS Network member, establish a valid electronic payment method with the NFHS Network (“Payment Method”), pay the applicable subscription fee and accept these Terms in order to access this content. As part of the registration process, you may be asked to verify that you are 13 years of age or older and that you have certain permissions from your parent or guardian if you are under the age of 18. If you are under 18, you must involve a parent or guardian in the registration process. Payment processing associated with a subscription may be handled by a third-party payment processor. The current NFHS Network subscription plans and rates are posted on the Service. Please note that prices and charges are subject to change as determined by NFHS Network in its discretion. The NFHS Network reserves the right to determine which content is accessible via an NFHS Network subscription in our sole and absolute discretion.
ACCOUNT INFORMATION AND PASSWORDS
As an NFHS Network member, you will have access and control over your NFHS Network account. Your control is exercised through use of your username and password; therefore, you should not reveal this information to anyone. You are solely responsible for keeping username, password, Payment Method details and other codes and information pertaining to the Service and your account confidential and secure from unauthorized persons. Accounts are created for personal use only and may not be shared under any circumstances.
You can find the specific details regarding your subscription to the Service at any time by clicking on the My Account link on the Service and using your username and password to access this information on the Service. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by clicking this link and using your username and password to access your account information on the Service.
SPECIALTY CONTENT SUBSCRIPTIONS
In addition to our standard subscription offerings for the Service, we may offer special subscriptions that provide access to specially-produced, premium content or features that are provided on the Service from time to time. Should you wish to access any such special content, you will be required to register, enter a valid Payment Method, and pay the applicable subscription fee as a condition of access to this content. Additional sign-up and payment options may be available to NFHS Network subscribers through the My Account link, as determined by the NFHS Network in its discretion. The current NFHS Network subscription plans and rates may be posted on the Service. The NFHS Network reserves the right to determine which content or features are accessible only as part of a special subscription or pass in our sole and absolute discretion.
AUTHORIZATION TO CHARGE YOUR PAYMENT METHOD
All sales are final and non-refundable. At any time, and for any reason, we may provide a refund, discount, or other consideration to you ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
AUTO-RENEWAL OF SUBSCRIPTIONS
The NFHS Network Monthly Pass will renew automatically at the end of term unless and until you cancel your subscription or submit a request to Customer Service to terminate it. You must either cancel your subscription or change its renewal option to before it automatically renews each cycle in order to avoid billing of the next cycle's subscription fees to your Payment Method on file. Subscription fees are fully earned upon payment and may not be cancelled or refunded. Please note that prices and charges are subject to change as determined by the NFHS Network in its discretion.
You may cancel your NFHS Network subscription at any time. To cancel, go to My Account and simply use your username and password to access your account information on the Service. Please note, however, that subscription fees are fully earned upon payment and may not be cancelled or refunded.
Third-party Subscriptions. The Service may give you access to third-party subscriptions and other services. Such third-party services may be subject to separate billing and subscription management through the third-party or their authorized agents in which case your billing and subscription relationship will be directly with that third-party. Additional terms may apply, and service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. The NFHS Network will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
RIGHT TO TERMINATE
We reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
HOW OUR STREAMING SERVICE WORKS
The NFHS Network is an online service providing its visitors, members, and subscribers with access to high school sports content streaming over the Internet to computers, mobile devices, and other Internet-connected devices. These devices are manufactured and sold by entities other than the NFHS Network. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate and support the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work. We reserve the right to modify, update and change the Service at any time and from time to time in our discretion.
Availability: The availability of live and on demand content will change from time to time, and from device to device. The quality of the display of our content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access connectivity and charges. Please check with your Internet provider for information on possible Internet data usage charges. The NFHS Network makes no representations or warranties about the quality of your instant watching experience on your display.
Personal Computer Requirements and Device Limitations: You may only use your account to watch the Service on one unique device at a time. We may terminate your account if we determine that you are using your account to access the Service from multiple devices concurrently or if we believe that you have shared your account credentials with other persons in violation of these Terms.
We do not warrant that any of the software used and or licensed in connection with the Service will be compatible with other third-party software nor do we warrant that operation of the Service and the associated software will not damage or disrupt other software or hardware. Any issues related to the Service, including any system requirements, are covered, and limited by these Terms. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all of our content may not be watched or may cease to be available for watching through the Service.
Disclaimers of Warranties and Limitations on Liability
THE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, OUR WEBSITE AND USER INTERFACES, OR ANY CONTENT AND SOFTWARE ASSOCIATED THEREWITH. THE NFHS NETWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE NFHS NETWORK MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE NFHS NETWORK SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND THE SERVICE AND ANY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Service, including the website and user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Service and/or website or user interfaces, (iv) delivery and or display of any content contained on or through the Service, including the website and/or user interfaces; and (vii) any losses or damages arising from the use of the content provided on or through the Service, including website and/or user interfaces, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, optical media discs or any conduct by users of the Service, including website and/or user interfaces. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. We do not make any representations with respect to the content contained on video events from the Service or the descriptions of any video event content contained on our website and user interfaces. We do not represent or guarantee that your use of the Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representatives, including Customer Service, shall create a warranty or otherwise constitute a representation binding upon the NFHS Network or its affiliated parties.
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless NFHS Network, its affiliates and their respective employees, affiliates, suppliers, agents and contractors and shall reimburse the foregoing for any damages, losses or expenses (including, without limitation, reasonable attorneys' fees and costs) incurred by any of the foregoing in connection with any claims, suits, judgments, and causes of action arising out of (a) any violation of applicable laws or regulations by you (or any parties who use your account, with or without your permission, to access the Service); (b) your use of the Service, including, without limitation, any data, information or user content that you post or upload to the website; (c) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Service (including any events), your use of any goods or services; (d) your breach of any provision of these Terms; and (e) any liabilities, claims, injuries, death, loss and/or damages of any kind arising from or related to any events.
You agree that we may make communications available to you by posting them on the Website or sending an email to the email address you provide to us that is associated with your account, or both and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement on the site), are owned by NFHS Network, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the website except as offered for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the website is transferred to you, and all rights not expressly granted are reserved by NFHS Network. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Service, including all content included on the website and/or user interfaces, or delivered to members as part of the Service, including, but not limited to, video events you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of the NFHS Network or its licensors, and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content, data and any software or other materials provided by the NFHS Network on the Service, including the website and/or user interfaces, or in connection with the Service are the exclusive property of the NFHS Network and its licensors and are protected by the copyright and other intellectual property laws in the territories in which the Service operates and by international treaty provisions. Neither the Service content nor software may be reproduced for any purpose whatsoever. Any use of the Service shall be in strict accordance with these Terms. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service, not to insert any code or product or manipulate the content of the Service in any way, and not to use any data mining, data gathering or extraction method. The NFHS Network reserves the right to terminate your membership hereunder if the NFHS Network, in its sole and absolute discretion, believes that you are in violation of these Terms or applicable law or that you are otherwise infringing or violating the NFHS Network's proprietary rights in and to the Service and/or any elements thereof. The NFHS Network does not promote, foster, or condone the unauthorized copying of content or video events of any party or any other infringing activity. The use of the Service, including video events, tools and features made available to you by us through the Service, is solely for your personal and non-commercial use. For the sake of clarity, your use of any feature on the Service that enables clipping and sharing of content from the Service and/or use of that content may be implemented only through the tools provided for such feature without any copying of the content and is strictly for personal use and may not be used to distribute, syndicate, or share with others via any commercial site, service or page. Other terms may be posted with and apply to use of such features. Please see Claims of Copyright Infringement below for instructions for notifying us of the presence of any allegedly infringing content of the Service, including any on the website and/or user interfaces.
You may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Video Player, or any of the Video Player's underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. Other restrictions and terms set forth in these Terms applicable to the NFHS Network software shall apply to the Video Player.
NFHS®, NFHS Network®, NFHS Coaching Today®, the NFHS Network logo, NFHSNetwork.com and other marks are registered or common law trademarks of NFHS Network or its affiliates. The Service, website, and user interfaces, including but not limited to its graphics, logos, page headers, button icons, look and feel, scripts and the Service names constitute trade dress of the NFHS Network LLC. The trademarks, service marks and trade dress of the NFHS Network may not be used or reproduced without prior written approval from the NFHS Network and may not be used in connection with any product or service that is not affiliated with the NFHS Network, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the NFHS Network, or in any manner that disparages or discredits the NFHS Network or its licensors. Other trademarks that appear on the NFHS Network website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the NFHS Network. Any images of persons or personalities contained on the NFHS Network website and user interfaces are not an indication or endorsement of the NFHS Network or any particular product or the Service unless otherwise indicated. Please be aware that persons depicted in such images may have additional right in such images that require consent and/or payment for any use outside the Service.
USE OF INFORMATION SUBMITTED
By submitting comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Materials"), including responses to questionnaires or through postings to the Service, including the NFHS Network website and user interfaces, you grant us a perpetual, transferrable, royalty-free license, with right to sublicense, in and to the Materials for use in our discretion via any means, media and format now known or hereafter devised without any obligation to you, including, but not limited to, use in developing, manufacturing and marketing new products and services and in creating, supplementing, modifying and/or improving the Service. Further, you hereby waive any claim or claims against the NFHS Network, its affiliates, licensors, and successors-in-interest regarding use of such Materials. You represent and warrant to us that any and all Materials submitted by you is and will be original to you and does not or will not infringe or violate the rights of any party.
If you need assistance with your account, you may reach Customer Service at any time via email to Customer Service. Through these resources, you will find the answers to many frequently asked questions and information. The Disclaimers of Warranties and Limitations of Liability and other applicable provisions set forth in these Terms expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you Customer Service support and additional terms may apply.
YOUR CONDUCT IN ACCESSING THE SERVICE
The NFHS Network content features students and certain content is produced by participating schools and their students. As such, the content and the Service are intended to be suitable for a general audience, including students and their friends and family members. The NFHS Network requires an appropriate level of decorum in your use and sharing of our content, similar to what you would encounter by actually visiting a high school event.
By accessing the Service, including the website and/or user interfaces, you agree to use the Service, including all features and functionalities associated therewith, the website and/or user interfaces and all content and software associated therewith in accordance with these Terms and all applicable laws, rules, and regulations, including public performance limitations or other restrictions on use of the Service or content therein. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service. You also agree not to impersonate any other person or imply any affiliation with the NFHS Network in connection with your use of the Service, conduct yourself in a vulgar or offensive manner while using the Service, or use the Service for any unlawful purpose.
You agree that all of the foregoing restrictions, as well as the other applicable restrictions set forth in these Terms, apply not only to the Service, but also to the servers and networks connected to any portions of the Service whether operated by the NFHS Network or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else's use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.
You agree that you will NOT use the Site and Service to:
- upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including, but not limited to, any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another user, an NFHS employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
- engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the website through any automated means, like scripts or web crawlers), or any servers or networks connected to the website, or any policies, requirements or regulations of networks connected to the website (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information of any other users of the Service to be used in connection with any of the foregoing prohibited activities.
LIMITATIONS ON USE
You must be 13 years of age or older to become a member of the Service and meet other applicable requirements as set forth in these Terms. Individuals under the age of 18 must also obtain the permission of a parent or guardian who must review and accept these Terms personally and on behalf of such individuals to become a member of the Service. Unless otherwise specified, the Service, and any content viewed through the Service, are for your personal and non-commercial use only and we grant you a limited, nonexclusive, nontransferable, license to access the Service solely for that purpose. No right, title, or ownership interest in or to the Service or any elements thereof shall be transferred to you.
The NFHS Network does not promote, foster, or condone the unauthorized copying of digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Service. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the NFHS Network name or trademarks. Any unauthorized use of the Service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership or subscription.
NFHS Network is based in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Mobile Application or its underlying technology may not be downloaded to or exported or re-exported outside of the United States.
CLAIMS OF COPYRIGHT INFRINGEMENT
It is the policy of the NFHS Network to respect the intellectual property rights of others. The NFHS Network does not permit or condone the unauthorized reproduction or distribution of video events or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Service, please notify us via email at Customer Service. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
The parties specifically agree to submit any controversy or claim arising out of or relating to this agreement, the Service, or any alleged breach of this agreement, or any other controversy or claim between the parties, solely and exclusively to arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Claims seeking relief on a class-wide or consolidated basis rather than on an individual basis may be brought exclusively on an individual basis in arbitration and the parties specifically waive any right to bring any claims between themselves in court on a consolidated or class-action basis. The validity of this arbitration clause is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The following provisions govern the conduct of the arbitration and any award therefrom:
- The notice of intention to arbitration (“demand”) must be filed with the AAA regional office to be assigned to Atlanta, Georgia. All in-person hearings will be held in Atlanta, Georgia.
- Claims shall be heard by a single arbitrator, unless the claim amount exceeds $2,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitrator(s) must be qualified in matters relating to programming distribution and subscription agreements.
- Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. The arbitrator(s) will decide any objections to production of evidence. The arbitrator(s) may not allow, direct, or authorize any other discovery.
- The arbitrator(s) must issue the award within four (4) months of the filing of the demand, and the arbitrator(s) must agree to comply with this schedule before accepting appointment. This time limit may be extended by the arbitrator(s) only for good cause shown or by mutual agreement of the parties.
- The arbitrator(s) have no authority to award punitive damages, consequential damages, or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) may award only monetary damages and may not include in the award any injunction or direction to a party other than to pay a monetary amount. The arbitrator(s) must include reasonable attorneys' fees to be paid to the prevailing party. The arbitrator(s)' award will include a reasoned opinion.
- The parties specifically agree that failure or refusal of any party to pay its required share of the deposits for arbitrator compensation or administrative charges as directed by the AAA constitutes a waiver by that party to present evidence or cross-examine witnesses. In that event, the other party will present evidence and legal argument only as the arbitrator(s) may require for the making of an award. The waiver of the right to present evidence does not allow for a default judgment against the non-paying party.
- Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- The award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules (“Appellate Rules”) and as a result, the award is not final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. If no appeal has been filed, then judgment on the award may be taken in any court of competent jurisdiction. If an appeal is filed, then following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
2990 Brandywine Road, Suite 300
Atlanta, Georgia 30341
Attn: Legal Department – NFHS Opt-Out Data Request
If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and NFHS Network expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and NFHS Network if, for any reason, the arbitration agreement is not enforced.
The dispute resolution provision survives the termination of your Service. If you bring a claim against NFHS Network after termination of your account that is based in whole or in part on events or omissions that occurred while you were an NFHS Network customer, this dispute resolution provision shall apply.
GOVERNING LAW AND SEVERABILITY
Any and all rights not expressly granted to you in these Terms are hereby reserved by NFHS Network.
In no event shall NFHS Network be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that NFHS Network shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as practicable under the circumstances.
You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder. NFHS Network has no restrictions on assignment of these Terms.
Any Sections that by their nature should survive the termination of your account or expiration of these Terms, or which would reasonably be expected to be performed after the termination of your account or expiration of these Terms, shall survive and be enforceable after termination of your account or expiration of these Terms, including any licenses granted to NFHS Network hereunder which shall survive in accordance with its terms, and the provisions relating to ownership, indemnification, limitations of liability and governing law.
NFHS Network does not waive any provision or right NFHS Network fails to insist upon or enforce strict performance of any provision of these Terms.
Unless otherwise agreed to by you and NFHS Network in writing, these Terms and any other documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
If you have questions concerning your account or these Terms, please contact us at the following:NFHS Network, LLC
2990 Brandywine Road, Suite 300
Atlanta, Georgia 30341