Welcome to the Web site operated by Maximum Fantasy Sports (“MFS”).
This Web site (the “MFS Site” or the “Site”) provides services to registered
MFS users and also provides general information about Maximum Fantasy Sports.
All users of the Site are subject to the following terms and conditions of use (these
By accessing or using this Site, you agree that you have read, understand and agree
the amended terms to this Site. Your
continued use of the Site means that you accept and agree to the revised Terms of
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Site (including all information, software, text, displays,
images and audio) and the design, selection and arrangement thereof, are proprietary
to MFS or its licensors and are protected by
and international laws regarding copyrights, trademarks, trade secrets and other
proprietary rights. You are authorized
only to use the content on the MFS Site for personal use.
Neither the title nor any intellectual property rights to any information
or material in this Site are transferred to you, but remain with MFS or the applicable
owner of such content. Except as expressly
authorized by MFS in writing, you may not reproduce, sell or exploit for any commercial
purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site
or of any services or materials available through this Site.
You may copy a reasonable number of pages of the MFS Site for your personal
use; provided in each case that you do not alter or remove any copyright or other
proprietary notices included in such materials.
MFS is not affiliated with the National Football League®,
its franchisees or subsidiaries, or any other professional or amateur sports organization.
USE OF THE MFS SITE
The services provided through the MFS Site are solely for the entertainment of its
users. You agree to use the MFS Site
only for lawful purposes.
Specifically you agree not to do any of the following:
(1) use the MFS Site for any form of gambling; (2) upload to or transmit
on the MFS Site any defamatory, indecent, obscene, harassing, violent or otherwise
objectionable material, or any material that is, or may be, protected by copyright,
without permission from the copyright owner; (3) use the MFS Site to violate
the legal rights (including the rights of publicity and privacy) of others or to
violate the laws of any jurisdiction; (4) intercept or attempt to intercept
electronic mail not intended for you; (5) misrepresent an affiliation with
any person or organization; (6) upload to or transmit on the MFS Site any advertisements
or solicitations of business; (7) restrict or inhibit use of the MFS Site by
others; (8) upload or otherwise transmit files that contain a virus or corrupted
data; (9) collect information about others (including e-mail addresses) without
their consent; (10) download a file or software or include in a message any
software, files or links that you know, or have reason to believe, cannot be distributed
legally over the MFS Site or that you have a contractual obligation to keep confidential
(notwithstanding its availability on the MFS Site); (11) post “spam,” transmit
chain letters or engage in other similar activities; or (12) engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of the MFS Site,
or which, as determined by MFS, may harm MFS or users of the MFS Site or expose
them to liability.
Any content and/or opinions uploaded, expressed or submitted to a message board,
chatroom or any other publicly available section of the MFS Site (including password-protected
areas), and all articles and responses to questions, other than the content provided
by MFS, are solely the opinions and responsibility of the person or entity submitting
them and do not necessarily reflect the opinions of MFS.
You understand and acknowledge that you are responsible for whatever content
you submit, and you, not MFS, have full responsibility for such content, including
its legality, reliability and appropriateness.
By uploading or otherwise transmitting material to any area of the MFS Site,
you warrant that the material is your own or is in the public domain or otherwise
free of proprietary or other restrictions and that you have the right to post it
to the MFS Site. You grant to MFS the
right to use all content you upload or otherwise transmit to the MFS Site in any
manner MFS chooses, including, but not limited, to copying, displaying, performing
or publishing it in any format whatsoever, modifying it, incorporating it into other
material or making a derivative work based on it.
(c) In order to comply with the COPPA law, you must be at least 14 years of age to
sign up for an account with Maximum Fantasy Sports.
MFS reserves the right, but does not assume any responsibility, to (1) remove
any material posted on the MFS Site which MFS, in its sole discretion, deems inconsistent
with the foregoing commitments, including any material MFS has been notified, or
has reason to believe, constitutes a copyright infringement; and (2) terminate
any user’s access to all or part of the MFS Site.
However, MFS can neither review all material before it is posted on the MFS
Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, MFS assumes no liability
for any action or inaction regarding transmissions, communications or content provided
by third parties. MFS reserves the right to take any action it deems necessary to
protect the personal safety of users of this Site and the public; however, MFS has
no liability or responsibility to anyone for performance or nonperformance of the
activities described in this paragraph.
failure to comply with the provisions of (a), (b), or (c) above may result in the termination
of your access to the MFS Site and may expose you to civil and/or criminal liability.
Public League Eligibility
You hereby represent and warrant that you are a natural person (corporate entities and similar
organizations are not eligible to use the MFS Service for any purpose) and are fully able and
competent to enter into the terms, conditions, obligations, affirmations, representations and
warranties set forth in these terms and to abide by and comply with these terms.
In order to play paid entry in MFS fantasy football leagues, you must be able to represent and
- you are of 18 years of age or older
- you are a citizen or resident of the United States of America or Canada and that you have
an address in the United States of America or Canada;
- you are physically located in the United States of America or Canada and reside in a
jurisdiction in which participation in any contest you choose to participate in is not
prohibited by applicable law;
and MFS regarding your use of the Site or participation in games; and
- you are not a resident of any of the following states: Arizona, Iowa, Louisiana,
Washington or Montana.
- you are not subject to backup withholding tax because: (a) you are exempt from backup
withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that
you are subject to backup withholding as a result of a failure to report all interest or
dividends, or (c) the IRS has notified you that you are no longer subject to backup
If you do not meet the eligibility requirements of this section, then do not use the MFS Service.
In addition to any other rights that MFS may have in law or equity, MFS reserves the right to
suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes
associated with such account) of any purported user of the MFS service that does not meet the
foregoing requirements. MFS may require you to provide proof that you are eligible to
participate according to this section prior to receiving a prize.
You may establish only one account per person to participate in the activities offered on the MFS
service. In the event MFS discovers that you have opened more than one account per person, in
addition to any other rights that MFS may have, MFS reserves the right to suspend or terminate
any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. If you
cannot access your account, you can retrieve your account information via the Forgot
ID/Password link on the home page or email email@example.com to request the
MFS employees may use the MFS service for the purpose of testing the user experience, but may
not withdraw money or prizes for themselves. MFS consultants or promoters of the site may play
in contests without limitation. These individuals do not have any access to non-public site data or
any other data not made available to all players on the site and will not receive any other
advantages in their play on the site.
Athletes may not participate in any MFS contests in which they or any part of their team are
available for selection.
CONDITIONS OF PARTICIPATION
In order to participate in contest on the Site, you must register for an account. By registering as a
user of the Site, you agree to provide accurate, current and complete information about yourself
as prompted (such information being the MFS User Registration Data) and maintain and
promptly update the MFS User Registration Data to keep it accurate, current and complete. If
you provide any information that is inaccurate, not current or incomplete, or MFS has reasonable
grounds to suspect that such information is inaccurate, not current or incomplete, MFS may deny
you access to areas requiring registration, at its sole discretion.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and
supply a Username and Password to be used in conjunction with your account. Many portions of
the Site require registration for access (the "Restricted Areas"). You are responsible for
maintaining the confidentiality of your Username and Password, and are fully responsible for all
uses of your Username and Password, whether by you or others. You agree to (a) keep your
Username and Password confidential and not share them with anyone else; (b) immediately
notify MFS of any unauthorized use of your Username and Password or account or any other
breach of security; and (c) use only your Username and Password to access the Site's Restricted
Areas. MFS cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section.
You acknowledge and agree that MFS is authorized to act on instructions received through use
of your Username and Password, and that MFS may, but is not obligated to, deny access or block
any transaction made through use of your Username and Password without prior notice if we
believe your Username and Password are being used by someone other than you, or for any other
Communications and Disclosure
As a result of your registration for the Site, you may receive certain commercial communications
from MFS related to content found on the Site. You understand and agree that these
communications are part of your registration, and that you may opt out of receiving these
communications at any time by either using the unsubscribe functionality, declining the option to
receive league-specific emails using the Team Details link on any of your league’s Team Home
Page or sending an email to firstname.lastname@example.org.
You acknowledge, consent and agree that MFS may access, preserve and disclose your account
information and content if required to do so by law or in a good faith belief that such access,
preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to
parties; (iv) to respond to your requests for customer service; or (v) to protect the rights,
property, or personal safety of MFS, its users and the public.
MFS, in its sole discretion, may disqualify any entrant from the service, refuse to award fantasy
points or prizes and require the return of any prizes, if entrant engages in conduct MFS deems to
be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental
to other entrants. Improper conduct includes, but is not limited to: falsifying personal information
required to use the service or claim a prize; violating any of these rules, accumulating points or
prizes through unauthorized methods such as automated scripts or other automated means; tampering
with the administration of the service or trying to in any way tamper with the computer programs
associated with this service; obtaining other entrants information and spamming other entrants; and
abusing the MFS website in any way. Entrant further acknowledges that the forfeiture and/or return
of any prize shall in no way prevent MFS from pursuing criminal or civil proceedings in connection
with such conduct. Further this service may not be used for any form of illegal gambling.
MFS and any partners are not responsible for: any incorrect, invalid or inaccurate entry information;
human errors; technical malfunctions; failures, including public utility or telephone outages;
omissions, interruptions, latency, deletions or defects of any telephone system or network, computer
online systems, data, computer equipment, servers, providers, or software (including, but not
limited to, software and operating systems that do not permit an entrant to participate in the
service), including without limitation any injury or damage to any entrant's or any other person's
computer equipment relating to or resulting from participation in the service; inability to access
any website, or any web pages of MFS; theft, tampering, destruction, or unauthorized access to, or
alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is
incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on
telephone lines or transmission systems, or the Internet, or any service provider's facilities, or
any phone site or website or for any other reason whatsoever; typographical, printing or other
errors, or any combination thereof.
MFS and any partners are also not responsible for incomplete, illegible, misdirected or stolen
entries. If for any reason the service is not capable of running as originally planned, or if
the service or website associated therewith (or any portion thereof) becomes corrupted or does
not allow the proper usage and processing of entries in accordance with the rules, or if infection
by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants,
fraud, technical failures, or any other causes of any kind, in the sole opinion of MFS corrupts
or affects the administration, security, fairness, integrity or proper conduct of the service,
MFS reserves the right, in its sole discretion, to disqualify any individual implicated in such
action and/or to cancel, terminate, extend, modify or suspend the service, and select the
winner(s) from all eligible entries received. If such cancellation, termination, modification or
suspension occurs, notification will be posted on the MFS website.
The failure of MFS to comply with any provision of these rules due to an act of God, hurricane,
war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities
outside of the control of MFS (excepting compliance with applicable codes and regulations) or
other force majeure event will not be considered a breach of these terms.
No professional sports league nor any team associated with any professional sports league is a
sponsor or in any way affiliated with this service.
You understand that all User Content, including but not limited to profile information and
communications with other users, whether privately transmitted or made publicly available,
is the sole responsibility of the person from which such User Content originated. This means
that you, not MFS, are entirely responsible for all User Content that you upload, post, share,
email, transmit, or otherwise make available via the Site. Under no circumstances will MFS be
liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or
otherwise made available via the Site.
You acknowledge that MFS may or may not pre-screen User Content, but that MFS and its
designees have the right (but not the obligation) in their sole discretion to pre-screen,
refuse, permanently delete, and/or move any User Content available via the Site. Without
limiting the foregoing, MFS and its designees shall have the right to remove any User Content
that violates these Terms or is otherwise objectionable in MFS's sole discretion. You
understand that by using the Site, you may be exposed to User Content that you may consider
to be offensive or objectionable. You agree that you must evaluate, and bear all risks
associated with, the use or disclosure of any User Content. You further acknowledge and agree
that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant MFS an
irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license
to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such User Content (in whole or in part) and to incorporate such User Content
into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. MFS reserves the
right, but has no obligation, to monitor disputes between you and other users.
Game of Skill
MFS is a game of skill. Winners are determined by the criteria stated in each contest's rules. For
each contest, winners are determined by the individuals who use their skill and knowledge of relevant
professional sports information and fantasy sports rules to accumulate the most fantasy points.
Fantasy points are accumulated through the performance of individual athletes across multiple sports
Each MFS contest that has an entry fee is listed in US dollars. When you opt to participate in a
contest, that amount in US dollars will be debited from a credit card account provided by you or
your MFS User Account. Then, follow the links and instructions provided for entry. In the event
of a dispute regarding the identity of the person submitting an entry, the entry will be deemed
submitted by the person in whose Username the entry was submitted, or if possession of the Username
itself is contested, the name in which the email address on file was registered with the email
MFS offers contests for multiple professional sports events taking place on a single day, a single
or multiple weeks or the entire length of the sport’s season.
After each contest ends, prizes are awarded as soon as all payment information is verified. In the
event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Prizes can be placed into the winner’s MFS User Account or paid by check. Once a payout(s) has
reached $600 or more (net of all entry fees) for the MFS User, the user must provide address and
social security details to file a 1099-MISC with the Internal Revenue Service.
MFS offers a number of different types of contests. For each contest, we announce the entry fees
and prizes in advance on the contest page. For a summary of entry fees and prizes for currently
open contests, log into the site and visit the League Join pages.
Prize calculations are based on the results as of the time when final scoring is tabulated by MFS.
Once prizes are awarded, the scoring results will not be changed regardless of any official
adjustments made by the professional leagues and delivered by our stats provider.
No substitution or transfer of prize is permitted. All taxes associated with the receipt or use of
any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to
winners of the Contest is challenged by any legal authority, MFS reserves the right in its sole
discretion to determine whether or not to award such prizes.
Winners are posted on the MFS website on each league’s home page after the conclusion of the
end of contest processing. Winners may be requested to return via email or regular mail an
affidavit of eligibility and appropriate tax forms. Failure to comply with this requirement
can result in disqualification. Any prize notification returned as undeliverable may result
in disqualification and selection of an alternate winner. In addition, a list of winners and
winner's names for each competition period may be obtained by writing to: Maximum Fantasy
Sports, 3749 N. Whipple St, Chicago, IL 60618.
In early January each year, MFS will file a 1099-MISC with the Internal Revenue Service for all
winners who have won $600 or more (net of all entry fees) over the previous year.
As a condition of use, you promise not to use the Site for any purpose that is unlawful or
of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other MFS users;
- post or transmit, or cause to be posted or transmitted, any materials ("User Content") that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MFS user;
- create or submit unwanted email ("Spam") to any other MFS users;
- infringe upon the intellectual property rights of MFS, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- advertise to, or solicit, any user to buy or sell any products or Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- sell or otherwise transfer your profile.
Violation of our rules may result in the removal of your content from the Site and/or the
canceling of your account. You acknowledge and agree that MFS may remove any User Content
and terminate any MFS account at any time for any reason (including, but not limited to, upon
receipt of claims or allegations from third parties or authorities relating to such User Content).
PRIVACY; PROTECTION OF PERSONAL INFORMATION
MFS’s use of your personal information and your responsibilities in connection with
protecting your privacy are described in our
COMMENTS AND SUBMISSIONS
MFS welcomes your comments. All comments,
suggestions or other information sent by you to this Site for internal use by MFS
or its advertisers or business partners or in response to solicitations on this
Site, will become MFS’s property, and you agree that all intellectual property rights
therein are transferred to MFS. You
understand that any postings to publicly available portions of the MFS Site are
non-confidential for all purposes.
By entering a fantasy sports contest, you consent to the use of your name, voice, likeness, and
photograph in connection with the development, production, distribution and/or exploitation
(including marketing and promotion) of the selected Contest and/or other MFS contests, unless
otherwise prohibited by law. Contest winners agree that, from the date of notification of their
status as a potential winner, and continuing until such time when notified that they no longer
need to do so, they will make themselves available to Maximum Fantasy Sports, Inc for publicity,
advertising and promotional activities relating to the Contest or other MFS contests. Maximum
Fantasy Sports, Inc and Partners reserve the right to make public statements about the entrants
and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest.
In all disputes arising out of the determination of the winner of MFS contests, Maximum Fantasy
Sports, Inc is the sole judge and its actions are final and binding. Entrants agree that Maximum
Fantasy Sports, Inc may announce any winner's name on-air or on any of its websites at any time
in connection with the marketing and promotion of MFS contests or other contests or games
operated by Maximum Fantasy Sports, Inc.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The MFS Site may contain links to other Web sites on the Internet.
MFS is not responsible for and does not endorse the content, products or
services of any third-party Web sites, including, without limitation, sites framed
within the MFS Site or third-party advertisements, and does not make any representations
regarding their quality, content or accuracy.
Your use of third-party Web sites is at your own risk and subject to the
terms and conditions of use for such sites.
Further, a reference on the Site to any products, services, processes, hypertext
links to third-parties or other information by trademark, trade name, manufacturer,
supplier or otherwise does not necessarily constitute or imply MFS’s endorsement,
sponsorship or recommendation. Product
and service information are solely the responsibility of each individual vendor
and MFS does not make any representations regarding the quality, content or accuracy
of such information or provide any warranties as to such vendors’ products, trademarks,
trade names or trade dress.
The owner of this Site is based in the State of
. MFS makes no representation that materials in this Site are appropriate or available
for use in other locations. If you
access this Site from other locations, you are responsible for complying with local
DEALINGS WITH MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions
with any merchant found on or through this Site, you acknowledge and agree that
MFS is not a party to, and will not be responsible for, your interaction with such
merchant, including its treatment of your information and the terms and conditions
applicable to any transaction between you and the merchant.
The terms of your interaction with any merchant are solely between you and
such merchant. You agree that MFS will
have no responsibility or liability for any loss or damage of any kind that you
may suffer as the result of any such interaction or the presence of such merchants
on this Site.
LIABILITY OF MFS AND ITS LICENSORS
MFS does not assume any liability for the materials, information and opinions provided
on, or available through, the MFS Site (the “Site Content”).
Reliance on the Site Content is solely at your own risk.
MFS disclaims any liability for injury or damages resulting from the use
of any Site Content.
THE MFS SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE
THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. NEITHER MFS NOR ANY PERSON
ASSOCIATED WITH MFS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY,
ACCURACY OR AVAILABILITY OF THE MFS SITE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MFS NOR ANYONE ASSOCIATED
WITH MFS WARRANTS OR REPRESENTS THAT THE MFS SITE, THE SITE CONTENT OR THE SERVICES
PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED;
THAT DEFECTS WILL BE CORRECTED; THAT THE MFS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE MFS SITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS. MFS
ASSUMES NO RESPONSIBILITY FOR END USE APPLICATIONS OF ITS PRODUCTS AND SERVICES
AND NO PERFORMANCE WARRANTY IS EXPRESSED OR IMPLIED.
MFS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL MFS OR ITS LICENSORS
OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE MFS SITE, THE
SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING
FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS,
OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE MFS SITE OR THE SITE CONTENT,
WHETHER OR NOT THERE IS NEGLIGENCE BY MFS AND WHETHER OR NOT MFS HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless MFS and its officers, directors, employees,
agents, affiliates, third-party information providers, licensors and others involved
in the MFS Site or the delivery of products, services or information over the MFS
Site, from and against any and all liabilities, expenses, damages and costs, including
reasonable attorney’s fees, arising from any violation by you of this Agreement,
any form of gambling arising out of or based on your use of the MFS Site or any
other use by you of the MFS Site or any products, services or information obtained
from this Site.
Please contact us at email@example.com
if you become aware of any content that may infringe the copyright of a third
MFS may terminate or suspend the Site and any and all services and your MFS account
immediately, without prior notice or liability, if you breach any of the terms or conditions of the
cease. If you wish to terminate your MFS account, you may simply discontinue using the Site or
contact us via the contact form with a note to say you wish to terminate your account. All
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
with the laws of the State of
, without regard to its conflicts of law principles.
and exclusively state the agreement between you and MFS with respect to the MFS
Site, and no other terms that may have been communicated to you orally or in any
other manner shall have any force or effect.
Any cause of action you may have with respect to the MFS Site must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Exclusive jurisdiction
Site shall be in the state or federal courts located in or near Chicago, Illinois. You agree to submit to the jurisdiction
of such courts.
be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms
of Use shall remain in full force and effect.
MFS’s failure to insist upon or enforce strict performance of any provision of these
Neither a course of dealing or conduct between you and MFS