Effective Date: These Terms of Use are effective as of 9-19-24.
These Chicago Sports Network Terms of Use (“Terms”) apply to chsn.com, the CHSN and/or Chicago Sports Network app, and any other websites, mobile, connected TV, or other app, product, feature, or service owned or operated by Chicago Sports Broadcasting, LLC d/b/a Chicago Sports Network (collectively, “Chicago Sports Network“, “we”, “us”, or “our”) that posts a link to or provides these Terms (collectively, the “Platform”).
Important! Please carefully read these terms before using the platform, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Platform. If you do not agree to be bound by all of these Terms, do not use the Platform.
ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and Chicago Sports Network agree that disputes between you and Chicago Sports Network will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
To make a purchase on our Platform, you must be at least 18 years old or the age of majority in your jurisdiction. If you do not meet the age requirement then you may not make purchases on our Platform.
When using particular services or features of the Platforms, in addition to these Terms, additional policies, service terms, payment terms or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Platform, including, without limitation, graphics, layout, text, images, videos, sound clips, trademarks, logos, service marks, designs, information, data, advertising copy, past, present and future versions of the Platform, domain names, source and object code and the “look and feel” of the Platform (“Platform Content“) are owned, controlled or licensed by Chicago Sports Network, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Chicago Sports Network as is expressly provided in these Terms. Any unauthorized use of the Platform Content is prohibited.
Chicago Sports Network grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Platform Content. This license is subject to your full compliance with these Terms. When you view or use the Platform Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Platform Content; and (c) not copy or adapt any object code associated with the Platform or reverse engineer, modify or attempt to discover any source code associated with the Platform, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Platform Content in any way, without the prior written permission of a duly authorized Chicago Sports Network employee. For more information, contact content info@chsn.com.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Platform. Any and all rights to use the Platform that are not expressly granted to you under these Terms are reserved for Chicago Sports Network or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Chicago Sports Network’s rights to exploit fully any or all of the Platform Content. Unauthorized use of Platform Content may be a violation of federal and state laws and could result in civil and criminal liability.
Chicago Sports Network’s collection and use of personal information in connection with your access to and use of the Platform or services offered via the Platform, including our use of third party cookies, pixels, tags, and other tracking technologies that may be used for analytics, marketing, and targeted advertising purposes, is described in our privacy policy and incorporated by reference in our Terms. By using the Platform, you consent to our Privacy Policy and the use of these technologies.
Certain areas of the Platform may require account registration or may otherwise ask or require you to provide information to use Platform features. When you choose to provide information to the Platform, you agree to provide only true, accurate, current and complete information. You agree you will not sell or otherwise transfer your account or any account rights and that you will keep your account credentials confidential. Except to the extent prohibited by applicable, unwaivable law, Chicago Sports Network reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data. If you submit personal information to register for an account with Chicago Sports Network or to otherwise participate in any services, that information will be governed by our Privacy Policy. You may delete your account via your account page on the Platform or by contacting our customer support team.
The Platform may provide you the opportunity to communicate with Chicago Sports Network via e-mail or other means, or publicly post comments, photos, videos, or other content through the through the Platform (collectively, “User Content“).
Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to Chicago Sports Network that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Chicago Sports Network.
Chicago Sports Network does not control the User Content made available via the Platform and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content.
Rights You Grant to Us. Whenever you submit or otherwise make available User Content to Chicago Sports Network (including through use of a help, chat, support, feedback, or “Contact Us” feature, or through a social media website) you: (1) grant to Chicago Sports Network an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you; and (2) to the extent permitted by applicable law, waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Chicago Sports Network to publish your User Content such that it may be accessed by users of the Platform or the general public.
Right to Screen and Remove Content. We have no obligation to monitor the Platform or any User Content made available via the Platform. However, you acknowledge and agree that we have the right to monitor the Platform and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Platform, subject to Chicago Sports Network’s sole discretion. Chicago Sports Network reserves the right to suspend or terminate your access to the Platform at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.
No Confidential Relationship. Except as otherwise described in our posted Privacy Policy or other agreement on a Platform where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Chicago Sports Network is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Chicago Sports Network in a position that is any different from the position held by members of the general public, including with regard to your User Content. You further agree that Chicago Sports Network is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, including, without limitation, publication of your User Content on the Site, without any payment of any kind to you. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that Chicago Sports Network may be working on or developing material similar or the same in nature to your User Content and that Chicago Sports Network may have received similar or the same intellectual property rights from another party. Chicago Sports Network owes you no obligation connected to your submissions unless you and Chicago Sports Network enter a written agreement to that effect. Any discussion or negotiations between you and Chicago Sports Network regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
No Obligation to Use. You agree and understand that we are not obligated to keep or use your User Content in any way.
User Interactions. You are solely responsible for your interaction with other users, whether within the Platform or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ACCEPTABLE USE POLICY
As a condition of your use of the Platform, you agree that you will not, and will not encourage, permit, or assist any third party to, take any action, or upload any User Content, on or via the Platform that:
Violation of these provisions may result, in our sole discretion, in the deletion of your submissions, the temporary suspension or permanent removal of your account, and/or termination of this Agreement and your access to the Platform.
You may not use the Platform for any purpose or in any manner that infringes the rights of any third party. Chicago Sports Network encourages you to report any content on a Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Chicago Sports Network has a designated agent for receiving notices of copyright infringement and Chicago Sports Network follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Chicago Sports Network’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on a Platform violates your rights other than copyrights, please provide Chicago Sports Networks with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Platform or other complaint regarding alleged violation of rights to Chicago Sports Network’s copyright agent, who can be reached as follows:
Mailing Address:
Chicago Sports Broadcasting, LLC
Attn: Legal Department
1901 W. Madison Street, Chicago, IL 60612
Phone: 312-455-4910
E-mail Address: legal@chsn.com
NOTE: This email address is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Chicago Sports Network will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Chicago Sports Network may allow you – but only through express written permission or via Chicago Sports Network-provided functionality on the Platform – to engage in certain personal uses of Platform Content that include the ability to share Platform Content with others (“Social Distribution“). For example, a Platform may allow you to send Platform Content to friends or post Platform Content on a third party web site. You agree to make no claims, promises, or statements on behalf of Chicago Sports Network. You also agree that you will not imply that you and Chicago Sports Network are affiliated in any way or that Chicago Sports Network approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Platform Content.
You agree that, if you choose to post any information about your viewing history on a third-party platform, or by liking or sharing any content, the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (or any similar state law) does not apply. However, to the extent it does apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the Video Privacy Protection Act.
There may be links on the Platform, or from communications you receive from Chicago Sports Network, to third-party websites or online features. The Platform may include third-party content that we do not control, maintain or endorse.
The Platform offers certain features and services that are controlled by third parties and made available through the Platform, such as certain season pass programs, membership or subscription programs, reward or loyalty programs, email marketing programs, text message programs, and similar third party-specific features or services. Certain Platform Content may only be viewed after you authenticate your permission to access the content through a participating content provider using your third party provider account information. Your interaction with such third party features are governed by the third parties’ applicable privacy policies and terms.
Neither Chicago Sports Network nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Platform including, without limitation, your use of any features or services controlled by third parties and made available through the Platform, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Chicago Sports Network is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.
Chicago Sports Network grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (b) must not imply that Chicago Sports Network or the Platform are endorsing or sponsoring any third party or its products or services, unless Chicago Sports Network has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Chicago Sports Network’s sole opinion, harm Chicago Sports Network or its products or services; (d) must not use any Chicago Sports Network trademarks without the prior written permission from Chicago Sports Network; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Chicago Sports Network’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Platform, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Chicago Sports Network reserves the right to prohibit linking to the Platform for any reason in our sole and absolute discretion.
The Platform may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
To the maximum extent permitted by applicable law, the Platform, including, without limitation, the Platform Content, and any products and services sold by Chicago Sports Network through the Platform, are provided on an “As Is”, “As Available” and “With All Faults” basis. To the fullest extent permissible by applicable law, Chicago Sports Network affiliated entities, subsidiaries, licensors/right holders, vendors and the directors, officers, employees or other representatives of each of them (collectively, the “CHSN Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Platform and the Platform Content; (b) products or services sold by Chicago Sports Network through the Platform; (c) User Content; and/or (d) security associated with the transmission of information to Chicago Sports Network or via the Platform. In addition, to the fullest extent permissible by applicable law, the CHSN Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.
The CHSN Parties do not represent or warrant that the Platform will be error-free or uninterrupted; that defects will be corrected; or that the Platform or the servers that make the site available are free from any harmful components, including, without limitation, viruses. The CHSN Parties do not make any representations or warranties that the information (including any instructions) on the Platform are accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk.
The CHSN Parties do not warrant that your use of the Platform is lawful in any particular jurisdiction, and the CHSN Parties specifically disclaim such warranties. By accessing or using a Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform. Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms of Use would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”).
To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the CHSN Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Platform or the Platform Content; (b) User Content; (c) your use of any products or services purchased from the Platform; (d) your use of, inability to use, or the performance of the Platform; (e) action taken in connection with an investigation by the CHSN Parties or law enforcement authorities regarding your use of the site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the site’s technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the CHSN Parties have been advised of or should have known of the possibility of such damages. However, in no event will the CHSN Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to Chicago Sports Network for (a) product(s) or service(s) purchased through the Platform or ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the CHSN Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the CHSN Parties’ liability for personal injury or property damage caused by CHSN Parties, or for the CHSN Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
You agree that in the event you incur any damages, losses or injuries that arise out of Chicago Sports Network’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other content owned or controlled by the CHSN Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the CHSN Parties.
By accessing the Platform, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the CHSN Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Platform or activities in connection with the Platform; (c) your breach or anticipatory breach of these Terms or any Additional Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the CHSN Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Chicago Sports Network. You will cooperate as fully required by the CHSN Parties in the defense of any claim. The CHSN Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the CHSN Parties.
The Platform provides information and may from time to time provide new information or data, but otherwise it is an archive of materials for your use. The materials on the Platform are provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. To the fullest extent permitted by applicable law, any reliance on the material on the Platform is at your own risk.
Like any printed material, the information and data on the Platform may become out of date over time. Although Chicago Sports Network uses reasonable efforts to maintain the accuracy and currency of the Platform Content and reserves the right to modify the contents of the Platform at any time, we have no obligation to update any information on the Platform. We shall not be liable to you or to any third-party for any such information or modification. Chicago Sports Network makes no warranties or representations as to its accuracy, completeness, or currency, as further described under Disclaimer of Warranties; Waiver. You agree that it is your responsibility to monitor changes to the Platform.
The Platform may contain forward-looking statements that reflect Chicago Sports Network’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current programs, ongoing commercialization of products or services, regulatory approvals of products or services, validity and enforcement of intellectual property rights, the stability of its commercial relationships, and the general economic conditions.
Availability of products or services on the Platform are subject to change without notice. We cannot guarantee that your computer monitor’s display of any images will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Platform is void where prohibited.
Full use of certain products and services, including remote access and mobile notifications, is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet), Internet access, and use of a device with compatible software. The functionality of your device may influence performance of the Platform and our products and services, and it is your responsibility to ensure your device’s functionality and compatibility with our Platform. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
The Platform contains pricing information. Errors may occur from time to time. Chicago Sports Network reserves the right to correct any errors, inaccuracies or omissions, and to change or update information (including, without limitation, information related to pricing, availability and product descriptions), at any time without notice (including, without limitation, after a consumer may have submitted an order and received confirmation from us). In the event that an item is listed at an incorrect price or with other incorrect information, Chicago Sports Network shall have the right, in its sole discretion, to refuse, cancel or revoke any order placed for that item, whether or not the order has been confirmed and your credit card charged.
We shall not be liable to you or to any third-party for any price changes or errors. Unless otherwise stated, prices on the Platform are in United States dollars.
We reserve the right to refuse any order or any part of any order you place through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by third parties such as dealers, brokers, resellers or distributors. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Platform. You agree to promptly update your account and other information, including your email address, physical address as applicable, credit card numbers, card security codes, and expiration dates, so that we can complete your transactions and contact you as needed.
Sales transactions on the Platform are subject to these Terms and any Additional Terms. You agree to pay all applicable fees and taxes. Applicable tax will also be applied to any applicable shipping and handling, return shipping and other charges. Taxes may depend on delivery location. You will be billed for your order at the time your order is placed. We may use one or more third parties to process your payment information when you make a purchase on or are entitled to receive a payout through the Platform. The payment processor may depend on the payment method you select. Additional terms and conditions imposed by the third party processor may apply.
The Platform may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to interact and post content, access third party content and features, or otherwise access features of the Platform (collectively, “Mobile Features”). We may serve you some or all of our Mobile Features through an application that is owned and operated by a third-party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. For example, the instructions may require you to text a keyword (e.g. “STOP”) to the applicable short or long code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Chicago Sports Network or other parties. Further, we may collect information related to your use of the Mobile Features as described in our Privacy Policy. If you have registered for Mobile Features, you agree to notify Chicago Sports Network of any changes to your mobile number and update your account(s) on the Platform to reflect this change.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, offers and other matters. You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we will still send you account related emails, such as purchase confirmation, password reset emails, or notification of updates to our policies.
Chicago Sports Network reserves the right to terminate your access to and use of the Platform in its sole discretion, without notice and liability, including, without limitation, for any reason or no reason. Chicago Sports Network also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Platform or Chicago Sports Network. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Platform, or upon demand from Chicago Sports Network, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Platform.
Chicago Sports Network also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Platform Content or discontinue and cease operation of any Platform in its entirety.
Chicago Sports Network controls and operates the Platform from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Platform are appropriate for use or access in other locations. The information, products, and services provided on the Platform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Chicago Sports Network to any registration requirement within such jurisdiction or country. Anyone using or accessing the Platform from outside the United States does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Platform may be subject to United States export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) 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 accessing this Platform, 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. You agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION Chicago Sports Broadcasting, LLC is incorporated in the State of Delaware, United States of America, and is controlled and operated by Chicago Sports Network from its offices within the State of Illinois, United States of America. Chicago Sports Network makes no representation that materials in the Platform is appropriate or available for use in other locations and other countries. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement will be governed by, construed and enforced in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. To the extent that any dispute between you and Chicago Sports Network arises from these Terms (other than for Excluded Disputes (defined below)), the arbitration proceedings will be governed by federal arbitration law and by the New Era ADR (defined below) rules.
Both you and Chicago Sports Network waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Chicago Sports Network waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else. Notwithstanding any provision in the New Era ADR rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Except for disputes relating to the infringement of your or Chicago Sports Network’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Chicago Sports Network is seeking injunctive relief (the “Excluded Disputes”), you and Chicago Sports Network each agree to finally settle any claim, suit, action or proceeding arising out of or relating to these Terms or your use of or access to the Platform (including purchasing products or services through the Platform) shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. If and only if any such unresolved dispute or controversy arising from or relating to the Terms is not finally settled through Mediation, such unresolved dispute or controversy will be finally resolved solely by binding arbitration before a sole arbitrator provided through New Era ADR on its platform New Era Platform and in accordance with its Rules and Procedures (“New Era ADR”) or any successor to New Era ADR. In the event New Era ADR is unwilling or unable to set a hearing date within thirty (30) days of initiating an arbitration through the New Era Platform, then either party will have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Chicago, Illinois. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chicago Sports Network will pay as much of the administrative and arbitrator’s fees charged to you by New Era ADR (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Platform or any other property of Chicago Sports Network (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).
You and Chicago Sports Network agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Chicago Sports Network within an approximately thirty-day period (or otherwise in close proximity), New Era ADR will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Chicago Sports Network agree (a) to work with New Era ADR in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
The rules of New Era ADR and additional information about New Era ADR are available on the New Era ADR website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of New Era ADR or (b) waive your opportunity to read the rules of New Era ADR and any claim that the rules of New Era ADR are unfair or should not apply for any reason.
You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Chicago Sports Broadcasting, LLC, ATTN: Arbitration Opt-out, Chicago Sports Broadcasting, LLC, 1901 W. Madison Street, Chicago, IL 60612. For new users, the notice must be sent within 30 days of registering an account with Chicago Sports Network, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, Chicago Sports Network also will not be bound.
The failure of Chicago Sports Network to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Chicago Sports Network’s rights with respect to such breach or any subsequent breaches. No waiver by Chicago Sports Network of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Chicago Sports Network. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Chicago Sports Network may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Chicago Sports Network’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Chicago Sports Network by virtue of Chicago Sports Network having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Chicago Sports Network. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).
Chicago Sports Network reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Platform so that they are accessible via a link on the homepage or otherwise, and that your use of a Platform after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Platform from that point forward.
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using any Chicago Sports Network application on an Apple iOS device: You understand that these Terms are between you and Chicago Sports Network only and not Apple, Inc. (“Apple”) and that Chicago Sports Network (or the third party developer that may own and operate the Mobile Features) are responsible for the Mobile Features and the content thereof, but that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. You understand that, should the Mobile Features fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the Mobile Features. Apple is not responsible for any product liability claims or claims that the Mobile Features or your use thereof fails to conform to any applicable legal or regulatory requirement or infringes a third party’s intellectual property rights, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile Features fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You understand that, in the event of any third party claim that the Mobile Features or your possession and use of the Mobile Features infringe a third party’s intellectual property rights, Chicago Sports Network, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You understand that you must comply with any applicable third party terms of agreement when using the Mobile Features. If you have any questions or concerns regarding the Mobile Features, please contact Chicago Sports Network as described below.
Chicago Sports Broadcasting, LLC
1901 W. Madison Street, Chicago, IL 60612
Email: legal@chsn.com
