Terms of Use

Last updated: May 24, 2024
Previous Version: April 1, 2022

Important: These Terms require all disputes between us to go through binding arbitration instead of government court. That means you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions in court. You can opt-out of arbitration for thirty (30) days after you first agree to these Terms. See opt-out under Dispute Resolution to learn more.

We include brief summaries before many sections to make reading and understanding this agreement easier. The summaries do not replace the text of each section, and you should still read each section in its entirety


This is a contract between you and Barstool. You can contact us if you have any questions or concerns. If you do not understand or agree to these Terms, don’t use the Services.

About Barstool

Barstool Sports, Inc. (“Barstool” or “we”, “our” or “us”) operates the Barstool Sports platform, which includes the Barstool Sports website, the Barstool Store, our affiliated websites, mobile apps, and OTT apps such as One Bite, Barstool Bets and Old Row, and all related social media pages (collectively, the “Platform”).

The Agreement

These Terms of Use and the following policies ("Our Policies”) collectively form the “Agreement” that applies when you use the Platform:

  • our Privacy Policy, which explains how we collect and use your and information and data,
  • our Exclusive Content License & Submission Policy, which governs your submission and our use of your content (“Your Content”),
  • our Digital Sale Terms, which apply to purchases of subscriptions and one-time digital content;
  • our Messaging Terms and Conditions, which apply if you opt-in to receive recurring automated marketing text messages from us;
  • and any other governing rules or policies you agree to in connection with participation in particular features or services on the Platform (for instance, to enter a contest).
By using the Platform, you agree to be bound by this Agreement. Please contact us at support@barstoolsports.com with any questions regarding this Agreement.


We may modify these Terms and Our Policies from time to time, effective upon posting on the Platform or as otherwise indicated atop the applicable document. If we make material changes to these Terms, we will try to notify you using the contact information in your Account, by posting a temporary notice on the homepage of the Platform or taking any other measure the law may require. For clarity, updates to these Terms do not create a new or renewed opportunity to opt-out of arbitration.

Use of the Platform will always remain subject to the current versions of these Terms and Our Policies. So please review these Terms and Our Policies regularly to ensure you remain aware of the current Agreement. If you do not agree with anything in the Agreement, stop using the Platform immediately.


While using the Platform, you will have access to: (i) content that we provide on and through our Services (“Our Content”), (ii) content that you upload or provide while using our Services (“Your Content”) and (iii) content embedded from third-party sources or uploaded or provided by other users and third parties to the Platform (“User Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services.

Proprietary Rights

Except for Your Content and User Content, all materials contained on the Platform, including Our Content, and the software, graphics, text and look and feel of the Platform, and all trademarks (including BARSTOOL SPORTS®), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Barstool., our subsidiaries or affiliated companies, contributors, our third party licensors, and/or our advertising partners.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials or any other aspect of the Platform (including User Content), in whole or in part, unless specifically stated otherwise.

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes, consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.

Validity of Assertions

Our Platform is intended to provide you with humorous content and contains published rumors, speculations, assumptions and opinions in addition to factual information. We often comment on articles published by third parties. Therefore, any statements about facts not personally known to our authors should be interpreted as merely statements of alleged facts.

Content Related to Gambling/Betting

Certain sites within our Platform, including Barstool Bets, may include content related to gambling/sports betting. All this content is being provided for entertainment purposes only. It should not be seen as advice or the endorsement of any form of gambling. Our Platform does not give you the opportunity to gamble or wager anything of value. If you choose to gamble outside of our Platform, you do so at your own risk.

If you have concerns about your gambling - or if you’re concerned about a friend or family member – National Council on Problem Gambling (NCPG) offers support and counseling referrals that may help you through personal, gaming-related issues. The NCPG operates a 24-hour confidential toll-free helpline that you can reach by phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat. For additional information or resources relating to problems with gambling, please visit the NCPG and/or National Center for Responsible Gaming.

Your Content

All terms relating to the posting, use and distribution of Your Content can be found in our Exclusive Content License & Submission Policy.

Third Party Content & User Content

You acknowledge that we host User Content and content provided by third parties. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content and any content posted by our contributors, are those of the respective authors and not of Barstool, its affiliates or any of their officers, directors, employees, or agents.

Just as you retain complete ownership of Your Content (subject to the license to us in our Exclusive Content License & Submission Policy), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion. We have no obligation to investigate whether any content or other User Content violates this Agreement and will not do so in most cases. We neither endorse nor are responsible for User Content or any other content posted to the Platform by anyone other than Barstool.


If you think content on the Platform infringes your copyright, email us at copyright@barstoolsports.com with the information described in this section.

If you believe that any content, including User Content or other materials, posted on the Platform infringe your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at copyright@barstoolsports.com.

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


To use certain features of the Platform, you will be required to register for an account with us (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, such as your e-mail address or, in the case of purchases, your name, billing/shipping address and credit card information. Your personal information will be held and used in accordance with our Privacy Policy.

You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for all activity that occurs through your Account, so (i) keep your password confidential and (ii) restrict access to your device. Notify us immediately of any breach of security or unauthorized use of any part of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our contributors, third party licensors, content providers, merchants, advertisers, sponsors, and service providers due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability. We reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.


You, as a user, agree to use the Platform only for lawful purposes and always in compliance with this Agreement. Without limiting anything else above, specific prohibited activities include, but are not limited to:

  1. depicting, encouraging or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
  2. depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  3. posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets;
  4. attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
  5. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
  6. interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
  7. attempting to impersonate another user or person;
  8. soliciting personal information from anyone under 18;
  9. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
  10. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
  11. using any information obtained from the Platform in order to harass, abuse, or harm another person, whether a user or a contributor;
  12. using the Platform in a commercial manner.
You represent and warrant that neither your actions on the Platform nor Your Content will violate any of the prohibited conduct described above. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.


You agree to pay us in full when you order products or services. Most products can be returned for refund within 14 days. Visit the links in this section for specifics about your product.

If you order products through our Platform, including the official Barstool Store, Barstool.tv or Old Row, the following terms apply:

(a) Digital Products and Subscriptions

We may offer digital content on a subscription or one-time-purchase basis. All recurring subscriptions and other digital content purchases are governed by our Digital Sale Terms. EU and UK consumers may refund digital content purchases within 14 days of purchase, provided the purchased content has not been accessed (e.g., until you begin to stream or download a file).

(b) Merchandise and Physical Goods

Physical products and goods may have limited quantities and are subject to return or exchange only within 14 days of purchase, except as otherwise described in our Returns & Exchanges page. You can find details about ordering, shipping, discount codes and other merchandise questions on the pages beneath the “Help” heading in the Barstool Store website footer.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on the Platform is void where prohibited.

We reserve the right to refuse any order you place with us. In the event that we cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(c) Pricing and Taxes

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through our online stores at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and will issue a credit to your credit card account in the amount of the incorrect price.

To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.


(a) Links, App Stores and other outside materials

The Platform may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

  • For example, by downloading or using a Barstool app from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). This Agreement governs if there is a conflict with the Apple Terms.
The Agreement does not apply to Outside Materials. Barstool is also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Services.
If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third-party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.

(b) Outside Merchants

Certain parts of the Platform, such as the Barstool Store, may enable you to order and receive products, information and services from businesses that are not owned or operated by us (collectively, “Outside Merchants”). The Platform may also prompt you to establish an account with an Outside Merchant, subject to Outside Terms. The Outside Terms—and any purchase, payment, warranty, guarantee, delivery, maintenance, refund and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses—are solely between you and the Outside Merchant.

We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Platform.


Disclaimer of warranties

Excluded liabilities
Maximus damages
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. These limitations apply only to the extent they are not prohibited by applicable law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.


You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your use or activity on the Platform. We make no representations or warranties, implicit or explicit, as to your legal right to participate in contests, sweepstakes or tournaments offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.


The Platform is operated and controlled by us in the State of New York. As such, the laws of the State of New York will govern this Agreement, without giving effect to any provisions of New York law that direct the choice of another state’s laws.

Subject to the Dispute Resolution section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.


You agree to indemnify and hold Barstool, the Barstool Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of this Agreement and/or any of your representations and warranties set forth herein (including those set forth in the Exclusive License & Content Submission Policy) or (2) our distribution, exploitation or other use of Your Content.


In the event of a dispute, you and Barstool Sports agree to try to resolve it informally first. If it’s not resolved 60 days later, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days after you first accept these Terms.

You agree to resolve disputes with Barstool through binding arbitration, except as described in this Section 12 (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Users of the Platform may opt-out of arbitration under Section 12(j).
  1. Covered Disputes. You and Barstool agree that any dispute or claim between you and Barstool arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Barstool. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
  2. Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Barstool:
    1. small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and lamper
    2. claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.
  3. Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@barstoolsports.com so that we can work together to resolve the Dispute.
    1. This Section 12(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
    2. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
    3. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
    4. Likewise, if Barstool has a Dispute with you, Barstool will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
    5. If the Dispute is not resolved within sixty (60) calendar days of when either you or Barstool submitted a Pre-Arbitration Demand, an arbitration can be brought.
    6. This Section 12(b) does not apply to claims brought under the Exceptions to Arbitration in Section 12(a).
  4. Arbitration Procedure. If, after completing the informal process in Section 12(c), either you or Barstool wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Barstool address in Section 12(e). Barstool will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Barstool agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
    1. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.
    2. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
    3. Arbitration hearings will take place through videoconferencing, unless you and Barstool agree upon another location in writing. A single arbitrator will be appointed.
    4. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Barstool and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the Class Action Waiver in Section 12(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
    5. If a request to proceed in small claims court (see Section 12(b)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.
  5. Jury Trial Waiver. You and Barstool agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Barstool are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section 12(b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
  6. Class Action Waiver. You and Barstool agree that, except as specified in Section 12(f)(iii) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
    1. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
    2. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
    3. Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section 12(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Barstool agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 12.
  7. Batch Proceedings. To increase the efficiency of administration and resolution of arbitrations, you and Barstool agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), are filed within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:
    1. to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
    2. to designate one arbitrator for each batch;
    3. to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
    4. that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
    5. that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Barstool and the claimants, will only be due after your demand for arbitration is included in a set of Batch Proceedings and that batch is properly designated for filing, processing, and adjudication and
    6. that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.
    7. Any statutes of limitation, and the requirement to file within eighteen (18) months in Section 12(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
      1. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
    8. All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause.
      1. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Barstool will pay the Administrative Arbitrator’s costs.
    9. The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
    10. This Batch Proceedings provision will in no way be interpreted as authorizing class arbitration of any kind or increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. Unless Barstool otherwise consents in writing, Barstool does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12(g).
  8. Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Barstool may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.
    The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
  9. Arbitration Costs. Except as provided for in a Mass Filing under Section 12(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
  10. 18-Month Filing Deadline. To the extent permitted by applicable law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section 12(b)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 12(c) above.
  11. Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@barstoolsports.com within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
  12. Severability. Except as provided in Section 12(f)(iii) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.



The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be severed to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of the Agreement, inclusive of the severed provision.
Electronic Communications
When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Waiver; Interpretation
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Any obligation in this Agreement on a party not to do something includes an obligation not to agree or allow that thing to be done. Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, description, definition, phrase or term preceding those terms. A reference to writing or written includes e-mail.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform.
To reach our customer support team, please e-mail us at support@barstoolsports.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.