Personally Identifiable Information
Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information that can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card or banking information.
Affiliate and Customer Information
In order to become an Affiliate or customer, you must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. Affiliate applicants must also provide personal information such as an applicant's Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Affiliates and customers are also required to provide payment information (such as credit card, debit card, or checking account information). We use this information to maintain contact with Affiliates and customers, to process Affiliate and customer orders, and for billing purposes. In addition, our Player App contains a geolocator feature that tracks your physical location. We collect this information so that we can connect players in close geographic proximity to one another. It also assists us to develop your player profile by enabling us to identify sports teams that players may find interesting.
INFORMATION USE & SHARING
Personally Identifiable Information
United Games DOES NOT share personally identifiable information except with contracted service providers as may be necessary to: (a) process orders and/or returns and obtain payment; (b) complete an enrollment as an Affiliate or customer; (c) maintain our genealogy database; (d) issue payment and report income to taxing authorities; and (e) maintain communication with you. We also provide personally identifiable information: (a) to referring Affiliate(s) and other Affiliates who earn, or may earn, compensation on your sales volume (we will not share your financial information or social security number with any other Affiliate); and/or (b) to list the Affiliate on the Company's Affiliate locator feature on the Company's website; (c) to assign a sales or enrollment lead to an Affiliate; (d) to governmental agencies as required pursuant to law. We also provide information on your general physical location (but not your physical address) and your player profile to other players in your geographic area so that you can compete in our games with those in your area who may share a common interest in a sport or game.
United Games provides certain information to Affiliates regarding the other Affiliates and Customers enrolled in an Affiliate's sales organization. If you enroll as an Affiliate or Customer with United Games, your name, address, email address, telephone number, and sales volume information will be provided to other Affiliates. No other personally identifiable information will be shared with other Affiliates. Information relating to Affiliates is made available to United Games Affiliate subject to a confidentiality and non-solicitation covenant in the agreement that each Affiliate enters into with United Games. However United Games does not warrant that other Affiliates will adhere to the confidentiality and non-solicitation covenants, and United Games shall not be responsible for Affiliates' violation of these covenants.
If you make a purchase through an Affiliate's Marketing Tools, we will provide the Affiliate to whom the Site is assigned with your name, contact information, a description of the item(s) purchased, and the sales volume associated with the purchase. No other personally identifiable information will be shared with the Affiliate.
Aggregate Information (non-personally identifiable)
United Games may share aggregated demographic information with our partners, vendors, suppliers, third party providers, and advertisers. This is not linked to any personally identifiable information.
Lead Assignment and Affiliate Locater Features
United Games occasionally will assign prospective sales and new Affiliate leads to Affiliates. In these cases, we will provide the lead with the appropriate Affiliate's name and contact information and/or provide an Affiliate with the prospective lead's name and contact information. In addition, United Games has an Affiliate Locator feature on its website. Pursuant to this feature, a prospective customer or new Affiliate can locate a nearby United Games Affiliate. In order to make the Affiliate Locator feature and the lead assignments effective, the company will provide the prospective customer or new Affiliate with the Affiliate's name and contact information, which may include his/her telephone number, address, and/or email address.
Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures
United Games will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for United Games to conduct business in certain jurisdictions, United Games may be called upon to disclose certain personally identifiable and confidential information to regulatory authorities in those jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information. We will provide such information as we deem necessary.
If we deem it necessary or appropriate to conduct a consumer survey for any business purpose, we may provide your personally identifiable information to a third party survey provider. If we do so, we will not provide such third party survey provider with your credit card or banking information or your social security number.
COMMUNICATIONS FROM US
Special Offers and Updates
United Games sends all new Affiliates and Customers a welcoming email or text message to verify password, username, and acceptance of the Affiliate Agreement or Customer Agreement. All Affiliates and Customers will occasionally receive information on the United Games business, products, services, special deals, and a newsletter.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Affiliates and/or customers an email. Generally, Affiliates may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Affiliate and Customer Service
United Games communicates with Affiliates and Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their United Games business. United Games communicates with customers with respect to products or services purchased by such customers from United Games. Such communications may be by email, regular mail, text message or telephone. United Games also communicates with Affiliates through leaving messages in Affiliates' Locker Rooms.
The Federal Rules of Evidence shall apply in all cases;
The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement and the United Games business;
The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
The Parties shall be allotted equal time to present their respective cases;
All arbitration proceedings shall be held in Orem, Utah or in another forum of your choice. The parties may select a mutually agreeable neutral arbitrator. If the parties do not agree on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall request that the JAMS appoint an arbitrator. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
Remedies that are available to you under applicable federal, state or local laws remain available under this arbitration policy.
If you institute arbitration against United Games, the only arbitration fee you will be required to pay is $250. All other arbitration fees shall be borne by United Games including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You shall be responsible for paying your own attorney's fees, expert witness fees, and costs associated with prosecuting your case. If United Games initiate arbitration, United Games will be responsible to pay all costs associated with the arbitration.
An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
The terms or amount of any arbitration award;
The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the nonbreaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Nothwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
b. Disputes Not Subject Arbitration or Mediation.
Small Claims. You may seek remedies in small claims court for disputes or claims within the scope of the jurisdiction of the small claims court in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending.
Equitable Relief. Notwithstanding the foregoing arbitration agreement, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect the party's intellectual property, trade secrets, and/or confidential information.
c. Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the United Games business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as an Affiliate. Submit your written opt-out notice to the Company at 105 South State #126, Orem, UT 84058.
United Games' websites may contain links to or from other sites. Please be aware that United Games is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by United Games websites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Children's Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.