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Effective Date: February 9, 2024
Welcome to Ultra GM, the most realistic GM simulator and fantasy sports platform. These Terms of Use (“Terms”), including the “Dispute Resolution; Arbitration Agreement” provisions in Section 1 below, govern your use of our website, applications, and other products or services that include an authorized link to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Please consult our Privacy Policy for information regarding our privacy practices.
Certain Services are provided to you free of charge, while other Services, require payment before you can access them. If you choose to subscribe to a fee-based Service, please also review such Service’s subscription terms (see Section 7 below).
These Terms are effective as of the Effective Date above or, if required by law, 30 days after notice to you. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service. If you do not agree with these Terms, your sole remedy is to not use our Services.
We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be posted on each of the Services. Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms on our Services or by email. If you continue to use the Services after we change these Terms, you accept all changes.
1. Dispute Resolution; Arbitration Agreement
IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, AND THE CLAIM IS NOT RESOLVED BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between you and us will be subject to this Section 1 and not to any prior arbitration agreement you had with us. This Section 1 shall survive termination of these Terms or any subscription that you may have to any of the Services.
1.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure
Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute (“Notice”). A Notice from you to us must (1) be sent by certified mail; (2) be addressed to: Ultra GM, LLC, 650 NE 32nd Street, #701, Miami, Florida 33137, Attn: Legal Department (the “Notice Address”); (3) contain your AAAe, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Services, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 1.1. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
1.2 Arbitration Procedure
Any such arbitration shall be governed by applicable rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”, as modified by this Section 1 (the “Arbitration Agreement”), and will be administered by the AAA. (If AAA is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The AAA Rules are available online at https://adr.org/sites/default/files/Commercial%20Rules.pdf, by calling AAA, or by requesting them in writing at the Notice Address.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure requirements referenced in Section 1.1 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the AAA’s Commercial Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable AAA Commercial Rules, unless you qualify for a fee waiver under applicable law.
In circumstances in which the AAA Rules provide for an in-person hearing, such hearing will take place in Miami-Dade County, Florida.
1.3 Discovery During Arbitration
The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
1.4 Confidentiality
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
1.5 Offer of Settlement
In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
1.6 Mass Filing
If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 1.1, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for Ultra GM shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Ultra GM shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Ultra GM shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Ultra GM shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Ultra GM shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: Ultra GM may opt out of arbitration and elect to have your claim heard in court consistent with these Terms. Ultra GM may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period.
OR
Option Two: If Ultra GM elects to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with AAA (including through a Procedural Arbitrator, as that term is used in the AAA Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and Ultra GM agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Ultra GM acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
1.7 Severability
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
2. Additional Terms
Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. As explained in the Ultra GM Privacy Policy, we reserve the right to retain any communications you have with us.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic restrictions. You are responsible for complying with these rules and requirements.
3. Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
4. Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Ultra GM, Ultra GM will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights in and to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4.1 or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 4.1 or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including, without limitation, mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
4.1 Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
4.2 Dated Materials
Content offered through the Services or in links from the Services is dated as of the date originally issued or indicated on the Content and may no longer be accurate. We assume no obligation to update such Content.
5. Legal Complaints
We respect intellectual property rights. If you believe that Content on the Services infringes your copyright or otherwise violates your legal rights, you must comply with the dispute resolution provisions of Section 1 of these Terms of Use, including but not limited to, the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in Section 1.1.
6. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Ultra GM and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any AAAes, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
7. Subscription Terms for Fee-Based Services
If you accept fee-based Services, the provisions of this Section 7 apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
We reserve the right to change the pricing of all Services at any time. In the event of a price change, we will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms (Section 9) unless the terms of the subscription say otherwise.
We may offer trial subscriptions to fee-based Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
8. Third Party Content
We may provide third party content (including advertisements) or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. If you connect with us through a social media platform or navigate to a social media platform from one of our services, the social media platform will collect your information separately from us. You should review third party site and platform terms of service and privacy policies to understand how they are using your information and your rights in relation to such information.
9. Mobile Features
In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted.
Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. To receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.
10. Acceptable Use
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
11. Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to Ultra GM or another fee-based Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If we terminate your access to Ultra GM or another fee-based Service because you breached these Terms, you will not be entitled to any refund.
12. Indemnification
You will defend, indemnify and hold harmless Ultra GM, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Ultra GM Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). Ultra GM retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 12 without Ultra GM’s prior written approval.
13. Disclaimers; Limitation of Liability
ULTRA GM DOES NOT REPRESENT OR WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE ULTRA GM PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE ULTRA GM PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
ULTRA GM WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF ULTRA GM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY ULTRA GM.
14. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Florida. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration or small claims court (as set forth in Section 1 above), you agree to exclusive jurisdiction in the state and federal courts in Miami-Dade County, Florida. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
15. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy, subject to your right to make certain choices about our use of your personal information as described in the Privacy Policy.
Sections 1, 6 and 10-15 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
Effective: February 9, 2024
Ultra GM, LLC (“Ultra GM”) is a GM simulator and fantasy sports platform that strives to provide the most realistic GM and fantasy sports experience possible.
We know how important it is to protect your personal information. This privacy policy explains our practices — and your choices — on how we collect, use, and share your information when you interact with any of our services. These services include our streaming services, mobile and online applications or other products or services of our brands, websites, live events, content or advertisements, and customer service tools. Depending on the Ultra GM offering or how you interact with us, there may be additional notices about our practices and your choices.
INFORMATION WE COLLECT ABOUT YOU
We collect your information when you sign up for our services. We also collect information about how you use our services. We may also receive information about you from third parties. This information can identify you or your device, or can be linked to you.
INFORMATION YOU PROVIDE
Registration information
When you sign up for our services, enter or participate in our contests, giveaways or competitions, sweepstakes, and promotions, or attend one of our events, we may collect the information you provide, such as your name, email address, and phone number. For some of our services, we may collect certain demographic data, such as age and gender.
Billing and payment information
When you purchase a product, subscription, or event ticket from us, we may collect payment and identity verification information, including your name, email address, physical address, and payment method.
Information and content you post
When you post or share content when using our services, we may collect information such as your username, screen name, comments, likes, interests, status, and pictures. We may also collect audio or visual content, such as photos, videos, or recordings you choose to post when using our services, or when granting us access to your camera or microphone while using interactive features of our services.
Market research
When we conduct or sponsor market research activities — such as surveys and product testing — we may collect the information you provide, such as your name, email address, and certain demographic data, such as your age, gender, race, and ethnicity.
Your messages and feedback
We may collect the information you provide when you contact us directly or provide feedback, comments, or suggestions on our services.
Information you provide about others
For some of our features, services, or offerings — like when you refer a friend or relative or invite them to attend one of our events or programs — we may collect information you provide about others, such as names, emails, and birthdays. Please make sure you have permission before you provide this information to us, or in the case of a minor, that you have the authority to do so.
Information you provide when you do business with us
If you are a vendor, service provider, or business partner of Ultra GM, we may collect information about you and the services you provide, including your or your employees’ business contact information. We may also collect other information you or your employees provide as part of your services and our agreement with you.
Information you provide offline
You may also provide us with information in person and offline. For example, we may record you if you visit our offices (including by security surveillance of our premises, including CCTV). You may also provide information if you submit sweepstakes or contest entrance forms or an application to participate in one of our programs by mail or in person.
Other information
We also collect information that relates to you or can be associated with you, such as passwords, personal preferences and interests, age, gender, and any other information you choose to provide.
INFORMATION WE COLLECT AUTOMATICALLY
When using our services, including on third-party platforms, we may automatically collect or receive certain information associated with you or your devices, such as your computer, mobile device, gaming system, smart TVs, or other streaming devices. The types of information we may collect automatically include your use of our services, your preferences, and how you interact with our content. It may also include device identifiers such as IP address (including approximate location information), advertising ID, cookie ID, media access control (MAC) address, and other unique identifiers. We may automatically collect this information using device-based tracking technologies such as cookies, pixels, tags, beacons, scripts, and similar technologies.
INFORMATION WE COLLECT FROM THIRD PARTIES
Information from our partners and service providers
We collect information from our business partners and service providers. Our business partners can include companies such as your TV or internet service provider, mobile phone carrier, or other device provider or company who makes our services or content available to you. We also collect information about you from our service providers acting on our behalf.
The information our business partners provide to us varies depending on the nature of their services and may include IP addresses, device IDs or other unique identifiers, information about your interests, demographic data, purchasing behavior, and your online activity.
Information you provide through social media
If you connect with us through a social media platform or navigate to a social media platform from one of our services, the social media platform will collect your information separately from us. We may also collect information you have publicly posted using your social media accounts. You should review the social media platforms’ privacy policies to understand how they are using your information and your rights in relation to such information.
Information from other third-party and public sources
We may collect information about you from other sources, including data licensors and aggregators, marketing companies, advertising partners, programming distributors, social media platforms, and public databases. This information may include demographic data, purchasing behavior, your interests, and your online activity.
INFORMATION WE DERIVE
We may derive additional information or draw inferences about you based on the information we have collected from you directly, through your device, or through third parties, such as research agencies and data companies.
HOW WE USE YOUR INFORMATION AND WHY
We may process your personal information to provide you with the Ultra GM services you request, as part of our agreement with you, or to maintain our relationship with you. We also may process your personal information for legitimate business purposes, or where the law requires or permits us to do so. We will ask for your consent beforehand if we need it to process your personal information.
PROVIDING YOU WITH ACCESS TO ULTRA GM SERVICES
We may use your personal information to give you access to Ultra GM’s services and perform our agreements with you. We may also process your personal information to manage our relationship with you. These activities may include the following:
OUR LEGITIMATE BUSINESS PURPOSES
We may use your personal information for the following legitimate business purposes:
We take steps to ensure that we balance the interests we pursue with your interests, rights, and freedoms. For more information about how we do this, please contact us.
LEGAL OBLIGATIONS AND PERMISSIONS
We may use your personal information to comply with our legal obligations, including performing accounting and tax-related obligations, and responding to government and judicial requests.
We also may process your personal information when the law otherwise permits.
YOUR CONSENT
We will ask for your consent beforehand if we need it to process your personal information.
WHO WE SHARE YOUR INFORMATION WITH AND WHY
We may share the categories of personal information we obtain about you (as described above) with the categories of third parties listed in this section. We may share your personal information within the Ultra GM family of companies, with our service providers, and with our business partners (including providing advertising based on your interests). We may also share your information with sponsors and other partners for events, giveaways, sweepstakes, and promotions.
We may share your personal information as part of a corporate transaction, to comply with our legal obligations, and to protect ourselves.
If you ask us to do so, we will also share your personal information with others.
We may share your information for reasons not described in this policy. We will tell you before we do this.
SERVICE PROVIDERS
We may share your information with companies and individuals that provide us with certain services or who perform services on our behalf. These providers include professional advisors, business support services, customer support providers, web hosting providers, information technology providers, payment processors, event service providers, direct mail and email distribution service providers, partners supporting our contests, sweepstakes, giveaways and promotions, and analytics and market research services. These service providers are only permitted to use your personal information to help us offer our services to you and not for any other purpose.
BUSINESS PARTNERS
We may share your information with business partners involved in activities such as marketing, audience measurement, co-branded services or events, and digital distribution of content. These business partners use the information we give them as described in their privacy policies.
We may also share your information with sponsors, prize partners, and others that support us in events, contests, sweepstakes, giveaways, or promotions. For example, we may share your information with the prize partners to deliver prizes.
ADVERTISERS
We may share your information with third parties to deliver and measure advertising based on your interests. These third parties include advertisers, ad agencies, advertising networks, identity partners, platforms, and publishers. We may sometimes share segments or custom audience data with third parties for marketing and data enrichment purposes.
LEGAL ADVISORS AND OTHERS
We may share your information if we think we have to with our legal and tax advisors, insurers, law enforcement, judicial and other government bodies, and others as necessary to comply with the law, the legal process, to respond to legal claims, or to protect our rights or the property or personal safety of our users, employees, or the public.
CORPORATE TRANSACTIONS
We may share your information with a potential purchaser and their legal and financial advisors and others, as appropriate, as part of any actual or contemplated reorganization, restructuring, merger or sale, or other transfer of assets involving our brands or as part of a joint venture or other strategic partnership.
OTHER THIRD PARTIES
We will provide your information to other third parties when you ask us to do so, such as when you participate in an interactive service that a third party operates.
YOUR CHOICES, RIGHTS, AND CONTROLS
You may have certain rights and choices regarding your personal information, such as the right to ask us for a copy of the information we hold about you. These rights are not available everywhere and may be limited by local laws. For example, these rights may not be available to you if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep.
Your privacy rights
Your rights and how to exercise them
Depending on where you live, you may have the following rights regarding your personal information:
If you have interacted with us in a commercial capacity (such as vendor, partner, client, etc.), you may also have rights available to you.
Before responding to a request, we may need to ask for additional information and may send you an email to verify your identity and confirm that you submitted the request. We may also need additional information to verify that your authorized agent or representative has the authority to make a request on your behalf. We will respond to your request within the time period required under the law.
Please note that while we will carefully assess every request we receive, your rights may differ depending on where you live and may be limited by local law.
If you have any unresolved privacy concerns that we have not addressed satisfactorily after contacting us, you may have the right to appeal our decision or contact your local data protection authority to lodge a complaint.
Automated decision making
We may process your personal information using automated decision-making technologies or algorithms, such as when we automatically select advertising or content that may be of interest to you. These technologies are not used to make automated decisions that have legal or similarly significant effect on you.
OPT OUT OF RECEIVING MARKETING MESSAGES
To stop receiving our promotional messages, follow the instructions in any marketing message you get from us. In some cases, such as if you have a registered account, you can also change your preferences in your account. Even if you opt out of getting marketing messages, we may still send you important non-marketing messages about your account, the services you requested, or any purchases you make.
When you use any of our services that send push notifications or offers to your mobile device, you can change your preferences through the settings on your mobile device and/or in the applicable mobile service.
CHANGE OR UPDATE THE INFORMATION YOU HAVE GIVEN US
If you have an account or subscription to one of our services, you can correct or delete your information, or update your account settings by logging into your account and following the instructions or contacting the relevant customer service team for that service.
RETENTION
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in this privacy policy, or any other notice provided at the time of collection unless a longer retention period is required or permitted by applicable law, taking into account applicable statutes of limitation and our records retention requirements and policies. We also reserve the right to retain the content of any communications you have with us.
COOKIES AND OTHER TRACKING TECHNOLOGIES
We may automatically receive certain information about you and your device using browser- or device-based tracking technologies described below. These technologies allow us to ensure our services are functioning correctly, improve our services, provide and measure advertisements, and provide personalized content to you.
You can manage how these tracking technologies are used by adjusting your device or browser settings and, in some countries, by selecting your preferences in a consent management solution. In some cases, you can opt out of tracking by our analytics providers by visiting their opt-out pages directly.
TRACKING TECHNOLOGIES AND PURPOSES
The purposes for which we and our partners use cookies and similar technologies generally fall into the following categories:
On our child-directed services, we do not use (or allow our partners to use) automatically-collected information, such as IP addresses, cookie identifiers, and other device identifiers, other than to support our internal operations, which include the following:
MANAGING COOKIES AND OTHER TRACKING TECHNOLOGIES
Consent management solution
Depending on where you live, you can manage your preferences via our consent management solution on the relevant mobile or online application. Please note that when you use these tools, you need to renew your choices each time you clear your cookies, use a new browser or device, or visit a different Ultra GM service.
Browser controls
Although most browsers and devices accept cookies by default, their settings usually allow you to clear and decline cookies. Web browsers often store your preferences in a cookie. Blocking cookies may prevent the services from operating as expected and may also prevent storing your preferences and choices.
Analytics provider opt-outs
To opt out of certain tracking by our analytics providers, you may visit the links below:
Interest-based advertising
We, our service providers, business partners, and other third parties may use interest-based advertising. This means that we may collect information about you on our services and on third-party services to help serve advertising relevant to your interests across your devices, browsers, and on and off our services. For more information on the choices that may be available to you to opt out of receiving interest-based advertising, please visit:
You can also opt out of interest-based advertising with some of the third-party partners we use, such as Google (https://adssettings.google.com/authenticated). Please note that if you opt out of interest-based advertising, some information will still be collected for other purposes, such as research, analytics, and internal operations. You will also continue to receive contextual advertisements, but they may be less relevant to your interests.
On many mobile devices, you can manage interest-based advertising through your device’s settings. These options can include resetting your device’s advertising ID or selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Ads Personalization” (for Android devices) in your device settings.
Connected devices (such as tablets, connected TVs, set top boxes, streaming devices, and gaming consoles) may also use an advertising ID or other methods to identify you or serve you interest-based advertising. In some cases, you can disable tracking by selecting options like “limit ad tracking” or disabling options like “interest-based advertising” in your connected device’s settings. These options will vary by device and we do not control the policies or practices of third parties providing these devices.
Please note that your choice to opt out is device- or browser-specific and you will need to manage your preferences for each device or browser you use. You may also need to make this choice separately on different Ultra GM services..
PROTECTING YOUR INFORMATION
We have adopted commercially reasonable technical, administrative, and physical security measures designed to protect your personal information from loss, misuse, unauthorized access, and alteration.
CHANGES TO THIS POLICY
We may update this privacy policy based on new technologies, industry practices, regulatory requirements, or for other purposes. We will let you know if these changes are material and, where required by applicable law, we will obtain your consent. When updating you about any material changes, we may email you at the last email address you provided, post a notice on our websites or applications, or by any other means permitted by applicable law.
CONTACT US
If you have any questions or concerns regarding this privacy policy or would like to contact the data protection officer, you can email such questions or concerns to us at admin@ultragm.com.
If you prefer to send your questions or comments by postal mail, please send a letter to the following address:
Ultra GM
Attention of Ultra GM Privacy Team
650 NE 32nd Street, Unit 701
Miami, Florida 33137
ADDITIONAL INFORMATION: US STATES
If you are a California, Connecticut, Colorado, Utah, or Virginia resident, you may have certain rights regarding your personal information, as described below. Not all the rights will be available to you and we may not have to comply with your request depending on where you live. This section does not apply to personal information collected from you in the context of career opportunities, work relationship or your employment with Ultra GM.
Certain terms used in this section have the meaning given to them under applicable US state privacy laws.
You or your authorized agent (when applicable) may submit a request to exercise any of the above rights by contacting us at admin@ultragm.com. To opt out of the sale or sharing of your personal information, or the use of your personal information for targeted advertising, click on the ‘Your Privacy Choices’ link in the footer of the relevant websites or in the settings menu of the relevant mobile or online applications. Note that your choice to opt out is device- or browser-specific and you will need to manage your preferences for each device or browser you use. You may also need to make this choice separately on different Ultra GM services.
If you are in California and have enabled the Global Privacy Control signal, we will honor the Global Privacy Control signal.
Sensitive Personal Information. We do not collect or process sensitive personal information for purposes of inferring characteristics about individuals.
Deidentified Information. To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.
The following are categories of personal information that we may collect about you (and may have collected during the 12-month period prior to the last modified date of the privacy policy), as well as examples of the types of personal information that may be collected (or may have been collected):
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Identifiers
Legally protected characteristics
Commercial information
Financial information
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Inferences drawn from your personal information
Geolocation data
Internet / electronic activity
Audio/visual information
Professional information
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We may use your personal information for the purposes described in “How We Use Your Information & Why” and for the following business purposes:
During the 12-month period prior to the last modified date of the privacy policy, we may have collected personal information from the following categories of sources:
PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE TO THIRD PARTIES
During the 12-month period prior to the last modified date of this privacy policy, we may have disclosed the following categories of personal information for business purposes (as described above) to the following categories of third parties:
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Category of personal information |
Categories of third parties |
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Identifiers |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Legally protected characteristics |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Commercial information |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Financial information |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; or When you ask us to provide information to a third party. |
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Inferences drawn from your personal information |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Geolocation data |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Internet / electronic activity |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Audio/visual information |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); Sponsors and other partners for events, contests, giveaways, sweepstakes, and promotions; Advertising partners to provide advertising based on your interests; or When you ask us to provide information to a third party. |
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Professional information |
The Ultra GM family of companies; In connection with a corporate transaction (e.g., any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands); Our service providers (e.g., cloud services providers, technical service providers, law firms, accounting firms, etc.); Business partners (e.g., audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded services or events, etc.); or When you ask us to provide information to a third party. |
In addition to the categories of third parties identified above, during the 12-month period prior to the last modified date of the privacy policy, we may have disclosed personal information about you to government entities or others if required by law.
INFORMATION ABOUT THE SHARING (FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING) OR SALE OF PERSONAL INFORMATION
Some information that we disclose to third parties may constitute the “sale” of your personal information or “sharing” of your personal information (for cross-context behavioral advertising purposes) under applicable laws. For instance, some of our brands disclose certain device identifiers and advertising identifiers associated with your mobile or internet-connected device to advertising partners. Those partners use and share those identifiers to show advertisements that are targeted to your interests.
Where a brand does this or otherwise “sells” your personal information, we will give you the opportunity to opt out by clicking the ‘Your Privacy Choices’ link on the footer of the relevant website, or in the settings menu of the relevant mobile or online application, or other service. If you submit an opt-out request, you will still see ads on our services, though they might be less relevant to you. These ads may be based on historical information or information “shared” or “sold” by other sources. Please note that, when you use these tools on our services, you may need to renew your choices each time you clear your cookies or use a new browser or device. You may also need to make this choice separately for some of our services. You also can update your browser settings to make certain choices about third-party cookies.
The following types of personal information may be “shared” with or “sold” to (and may have been “shared” with or “sold” to in the 12-month period prior to the last modified date of the privacy policy) advertising partners, analytics providers, and marketing partners:
We do not have actual knowledge that we “sell” or “share” personal information of individuals under the age of 16.
Do Not Track. Our websites and apps are not designed to respond to “do not track” requests from browsers.
“Shine the Light” and “Eraser” Laws. Residents of the State of California may request a list of all third parties to whom we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.