MoneyBowl™ Terms and Conditions
Last Revised: May 30, 2023
The Terms and Conditions ("Terms") form a legal agreement between Bowlero Corp. and AMF Bowling Centers Inc. (d/b/a Bowlmor AMF Centers), and their respective subsidiaries and affiliates (collectively, "Bowlero", "we" or "us"), on the one hand, and you ("you", with you and other users of the MoneyBowl™ mobile application (“App”) referred to as "Users") and applies to your use of the App and participation in “Points Play Challenges,” “PointsBowl Challenges,” “Money Play Challenges” and “MoneyBowl Challenges” through the App (collectively, “Challenges” or the "Service" ).
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 18 for more information. BY ACCESSING THE SERVICE OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL THE APP OR CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) THE SERVICE.
Points Play Challenges are available only to individuals who are thirteen (13) years of age or older. Money Play Challenges and MoneyBowl Challenges are available only to individuals who are the greater of eighteen (18) years of age or the age of legal majority in your jurisdiction. By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block you from using the Service if we suspect you are under the applicable age.
You also may not open an Account or use the Service if you previously have been removed by us or otherwise have been prohibited by us from using the Service.
Employees of Bowlero or any other company or individual involved with the design, production, execution, or distribution of the App, and each of their immediate families (spouse, parents, step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) are not eligible to use the Service.
2. Your Account
In order to access or use the Service, you will be required to register by opening an account ("Account"). If you open an Account, you will be required to provide your phone number, name, date of birth and email address ("Login Information"). We reserve the right to require additional Login Information as we may deem necessary. You must safeguard and not disclose your Login Information. You will be responsible for all uses of your Login Information and of your Account, including deposits, withdrawals or any other transactions, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, or otherwise discover security or vulnerability issues related to the Service you must immediately notify us at firstname.lastname@example.org and modify your Login Information.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
You undertake to monitor your Account and to prevent anyone else from using it. We reserve the right to take action in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.
If you wish to terminate or close your Account, you may do so by selecting “Delete Account” in the App settings or by contacting us at email@example.com. Your Account will be terminated and removed within a reasonable timeframe following our receipt of your request, and from the date of termination you will no longer be able to access your Account. Upon termination of your Account, any funds within your account will be automatically sent by electronic check to the email address associated with your Account.
(a) Challenges, Generally
The Service is only available at participating Bowlero properties. You may only participate in Challenges when physically located at a participating Bowlero property. In order to use the Service, you must connect through the App with a bowling lane at a participating Bowlero property. The Service employs geolocation technology to ensure bowlers are physically located at eligible Bowlero properties before permitting them to use the Service.
You agree that you will act as the sole participant in any Challenges you accept. For example, you cannot “share” in completing a Challenge with another bowler. All other persons are prohibited from participating in any way in any Challenge accepted through your Account.
The first time you use the Service, you will be required to complete a First Time User Experience (“FTUE”). The FTUE will involve certain free Challenges. You must complete the FTUE in order to use the Service. The purpose of the FTUE is to set your skill level.
For all Challenges, we will prominently disclose the minimum and maximum entry fees (if any), rewards that can be won and the requirements to compete the Challenge within your Account in the App. That information will be available to you before you enter the Challenge. Your performance of the Challenge, including your score and the result in any particular frame, will be determined by the Bowlero property’s scoring system. Those determinations are final. Manual entry or corrections are not permitted.
A Challenge begins after acceptance, as soon as you begin bowling. If you do not begin bowling by the end of that day (by closing time at the Bowlero property where you are located), the Challenge will be canceled. You also can cancel the Challenge in the “Upcoming Challenges” section of the App at any time before you begin bowling. Requesting a lane change will not void a live Challenge. If you change lanes for any reason after commencing a Challenge, the Challenge will continue at the new lane.
Bowlero reserves the right: (i) to terminate or declare any Challenge null and void and rescind any prize, if in its sole judgment, the Terms or the integrity of the Service have been violated or compromised in any way, intentionally or unintentionally by any person, whether or not a participant in the Challenge; (ii) to alter or amend any rules governing Challenges at any time; or (iii) to stop or conclude any Challenge at any time without prior notice. In the event of any technical error, system outage, or other event that impacts or otherwise interrupts operation of the Service, we reserve the right to act in our sole discretion with respect to Challenges impacted by such occurrence, including whether to continue or to terminate the affected Challenge. Any disputes, questions or doubts regarding the score or outcome in connection with any Challenge shall be decided by us in our sole discretion. Bowlero reserves the right to disable access to the Service during league play.
(b) Points Play Challenges
Points Play Challenges are free to enter and award “Points” and “Stars.” Users complete the requirements of the Points Play Challenge to receive the rewards.
Points can only be redeemed for “Reward Coupons” and cannot be redeemed for real-world currency. Reward Coupons entitle the holder to the products or services specified by the Reward Coupon. The products or services may include, but are not limited to, food, arcade and bowling products and services at participating Bowlero locations. Reward Coupons have a set Points value that Users redeem their Points to Claim.
Points never expire. Reward Coupons are subject to any terms and conditions specified on the Reward Coupon, including expiration dates. Any Reward Coupon terms and conditions are disclosed prior to Point redemption for the Reward Coupon. Reward Coupons are available to Users on the next business day after redemption and are displayed digitally in the App. No physical copies are provided.
Stars are earned by winning Points Play Challenges. Stars can be used only to enter PointsBowl Challenges or MoneyBowl Challenges (see Sections 3.c and 3.d). Stars cannot be redeemed for real-world currency or Reward Coupons. Stars expire 100 days after they are earned.
(c) PointsBowl Challenges
Users under 18 years of age may participate in PointsBowl Challenges. PointsBowl Challenges require Stars to enter and award Points to Users who successfully complete the Challenge. Once Stars are used to enter a PointsBowl Challenge, those Stars are discarded (deducted from the User’s Stars balance).
Users who lose the PointsBowl Challenge can use additional Stars to re-enter the same Challenge. If a User loses, the current Points prize value of that PointsBowl Challenge for that User increases, up to the specified maximum Points prize amount.
(d) MoneyBowl Challenges
Users also can enter MoneyBowl Challenges with Stars earned from participating in Points Play Challenges. We will prominently disclose the number of Stars required for entry and the current prize value of a MoneyBowl Challenge within the App in advance of entry. Once Stars are used to enter a MoneyBowl Challenge, those Stars are discarded (deducted from the User’s Stars balance).
The requirement for winning each MoneyBowl Challenge will disclosed prior to entry. Users who lose the MoneyBowl Challenge can use additional Stars to re-enter the same Challenge. If a User loses, the current prize value of that MoneyBowl Challenge for that User increases, up to the specified maximum prize amount. Prizes are deposited in Users’ accounts under the Deposit and Withdrawal policy described in Section 6.
(e) Money Play Challenges
Money Play Challenges require payment for entry and award prizes for the successful completion of a Challenge. Entry fees and prizes are withdrawn from and deposited to Users’ accounts under the Deposit and Withdrawal policy described in Section 6.
Money Play Challenges are only available at certain Bowlero locations.
4. Marketing Communications
You understand that by signing up for the Service, you will receive updates, special offers, and other information from us via email and in-App messaging. You may unsubscribe from future marketing emails from us at any time by following the “unsubscribe” instructions in our emails.
5. Billing Discrepancies
You agree to notify us about any billing problems or discrepancies within 30 days from the date of the occurrence of any billing problem or discrepancy. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arise out of payments that you authorized or accepted or that were authorized or accepted using your Login Information (even if not authorized by you). You understand that we may suspend or terminate your Account if for any reason a charge that you authorized or that was authorized using your Login Information cannot be processed or is returned or unpaid, and if such event occurs, you shall immediately remit to us payment for such charge through any payment method. In the event your Login Information has been compromised, please notify us immediately and we will use commercially reasonable efforts to reverse any unauthorized charges. If the compromise results from our negligence or breach of these Terms, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this paragraph) of the charge.
6. Deposits and Withdrawals
Bowlero may impose limits on the number, type and amount of deposits you may make through the Service. Prizes will be deposited in your Account promptly after you win them. In order to withdraw funds from your Account, you must first verify your email address. Funds withdrawn from your Account will be issued to you via electronic check by our service provider, Deluxe. You may not transfer or endorse any check issued by us or Deluxe to or for the benefit of a third party. Violation of that prohibition may result in termination of your ability to use the Service and forfeiture of the funds so transferred.
7. Tax Reporting
Each year all winners who have won $600 or more over the previous year must provide updated address and social security number details to Bowlero. These details will be used to allow us to comply with tax regulations and may be shared with appropriate tax authorities. You, not Bowlero, are responsible for filing and paying applicable state and federal taxes on any winnings. Bowlero does not provide tax advice, nor should any statements in these Terms or on the Service be construed as tax advice.
By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.
8. Intellectual Property and Licenses
Bowlero retains any and all rights in the Service (including the App, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recording, games, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, profile information and other files, and their selection and arrangement) (collectively, "Service Content"), and all intellectual property rights or other proprietary rights in connection therein and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Bowlero. The Service and all Service Content are protected by applicable copyright, trade dress, patent and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
Subject to your agreement and compliance with these Terms, Bowlero grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Service only for your own, private, non-commercial entertainment purposes and for no other purpose whatever and only pursuant to these Terms, any other rules or terms published by Bowlero from time to time on its website or the App and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Service will be immediately revoked, and you will immediately stop using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you reside, this license shall be treated as null and void, and you must refrain from using the Service.
These Terms convey only a limited revocable right to use the Service in accordance with the Terms. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Content without Bowlero's explicit, prior written permission.
9. Restrictions on Use of the Service
You shall not, and shall not permit or cause any other party, to:
- Create an Account with or access the Service if you are not an eligible User;
- Use the Service in an illegal manner or encourage or promote any illegal activity;
- Fail to pay any amounts due;
- Interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Violate the intellectual property or other rights of any party, including Bowlero;
- Create false personas, multiple identities or multiple Accounts; set up an Account on behalf of someone other than yourself; use bots or other automated software programs to defraud or which otherwise violate these Terms;
- Engage in any fraudulent activity with respect to payment methods;
- Attempt to use the Service on or through any application or service that is not authorized by Bowlero. Any such use is at your own risk and may subject you to additional or different terms. Bowlero takes no responsibility for your use of the Service through any service that is not authorized by it;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or interfere with the ability of others to enjoy using the Service, including by disrupting, overburdening or aiding the disruption or overburdening of the Service servers, or by taking actions that interfere with or materially increase the cost to us of providing the Service for the enjoyment of all its users;
- Engage in any act that Bowlero deems to be in conflict with the spirit or intent of the Service, including circumventing or manipulating these Terms, our game mechanics or policies;
- Without our express written consent, modify or cause to be modified any files, codes or any other component which is part of the Service;
- Institute, assist or become involved in any type of attack, including distribution of a virus, a denial of service attack upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by Bowlero, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service;
- Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Service or that is in transit from or to the Service, including any software that reads areas of RAM or streams of network traffic used by the Service. Bowlero may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Use, facilitate, create or maintain any unauthorized connection to the Service, including (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service, (ii) any connection via a device to a platform (such as a desktop computer) for which the Service is not designed, or (iii) any connection using programs, tools, or software not expressly approved by Bowlero;
- Except where permitted by law or relevant open-source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Bowlero;
- Copy, distribute, modify, alter, adapt, make available, translate, port, reverse-engineer, decompile or disassemble any portion of any Service Content, or publicly display, reproduce, create derivative works from, perform, distribute or otherwise use any Service Content, other than to participate in the Service permitted under these Terms;
- Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Bowlero's proprietary rights;
- Sell, license or exploit for any commercial purposes any use of or access to the Service;
- Frame or mirror any part of the Service without our prior express written authorization;
- Create a database by systematically downloading and storing all or any of the Service Content;
- Improperly use support channels to make false reports to Bowlero or using profane, defamatory or abusive language in your communications with our support personnel; or
- Infringe or violate any of these Terms.
Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use the Service, in Bowlero's sole discretion, and may subject you to civil or criminal penalties.
10. Suspension and Termination of Use
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART. IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE THE SERVICE AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account (which itself is a violation of these Terms), Bowlero may terminate all of your Accounts.
We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days.
Bowlero further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
In the event that Bowlero terminates your Account, you may not use or access the Service again without Bowlero's express permission. Bowlero reserves the right to refuse Accounts for, and to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: firstname.lastname@example.org.
11. Disclaimers of Warranties
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL STATE AND LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS". Bowlero, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Bowlero makes no warranties or representations about the accuracy or completeness of the Service or the Service Content and assume no liability or responsibility for any: (i) errors, mistakes or inaccuracies; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of Bowlero's secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service.
12. California (USA) Release
California, USA, residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR ANTICIPATED PRIZES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BOWLERO, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BOWLERO IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BOWLERO ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOWLERO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Subject to the foregoing limitations, in the event a Challenge is terminated prematurely due to our negligence or mistake (and not to any of the exclusions from liability set out in Section 11), your sole and exclusive remedy is return of the entry fee for the terminated Challenge.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
You agree to indemnify and hold Bowlero, and each of its officers, directors, employees, shareholders, agents, licensors, subcontractors, licensors and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any provision of these Terms;
(iii) Your violation of any third-party right, including any copyright, property, or privacy right; and
(iv) Any claim that an action by you in connection with the Service has caused damage to a third party.
15. Platform Provider Rules
If you have downloaded the App from the Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. This Agreement is between you and Bowlero only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Governing Law and Judicial Forum
These Terms, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of the State of New York without regard to conflict- or choice-of-law principles. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Bowlero agree that any judicial proceeding (other than as described above) may only be brought in a court of competent jurisdiction in New York County, New York City, New York (a “Permitted Court”). Both you and Bowlero consent to venue and personal jurisdiction there. Notwithstanding the foregoing, you and Bowlero may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 18 below or (ii) to enforce an arbitral award issued thereunder.
18. Dispute Resolution and Agreement to Arbitrate on an Individual Basis
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND BOWLERO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND BOWLERO CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Bowlero agree that any and all past, present and future disputes, claims or causes of action between you and Bowlero arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Bowlero or any of Bowlero's licensors, distributors, suppliers or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Bowlero further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
(a) Informal Dispute Resolution. Bowlero wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Bowlero, you agree to try to resolve the Dispute informally by contacting email@example.com. Similarly, if you have provided an email address to us as part of your Account registration, Bowlero agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Bowlero may initiate an arbitration proceeding as described below.
(b) We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Bowlero each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
(c) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name, email address and postal address) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Bowlero will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(d) Arbitration Procedures and Fees. You and Bowlero agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules"). Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Bowlero further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. This Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in this Agreement. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 18(d), if a party either seeks monetary compensation in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other Bowlero users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators pursuant to the AAA Commercial Arbitration Rules. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
(e) Arbitration Shall Proceed Individually. Regardless of the rules of a given arbitration forum, you and Bowlero agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Bowlero may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Bowlero will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(f) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR BOWLERO SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (E) OR (F) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.
(g) Exceptions to Agreement to Arbitrate for Temporary Relief. Notwithstanding the other provisions of this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a Permitted Court for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.
19. Revisions to these Terms
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms and will provide notice of material changes that affect your rights or obligations through in-app communications or via email through the email address associated with your Account information. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
(a) Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
(b) Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
(c) Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Bowlero regarding the subject matter herein. You agree that Bowlero may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Bowlero. Any unauthorized assignment will be void and of no force or effect.
(e) Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Licenses; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law and Judicial Forum; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.
(f) Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
(g) Information, Support or Questions. For information, support or questions, please contact us at: email@example.com.