• The "NFL" shall mean NFL Enterprises LLC ("NFLE") and its constituent teams ("Teams").
• "NFL Web Site" means the NFL.com Web site located at the domain "nfl.com" or other domain as determined in the sole and exclusive discretion of the NFL.
• "NFL Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2008 FBLM Service.
• "Registered User" means a person who has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on one of the CBSII network of Websites which currently include the following: CBS.com, CBSnews.com, CBSSports.com, theinsideronline.com, etonline.com, NFL.com, NCAA.com, and/or CBSgames.com.

• Sign Up for the 2008 FBLM Service. Your registration fee for the 2008 FBLM Service gives you access to the features of the 2008 FBLM Service from the time you register through the remainder of the Term. The credit card that you provide as part of your registration data will be billed for the 2008 FBLM Service. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card information in connection with your registration for the 2008 FBLM Service and your failure to provide accurate and up to date information which permits us to bill your credit card will result in the denial of your use of the 2008 FBLM Service. All currency references are in U.S. dollars. Please note that your payment for the 2008 FBLM Service, except as provided for herein with respect to the FBLM Money Back Guarantee , is non-refundable, and you may not cancel your 2008 FBLM Service before the end of the Term.
• Money Back Guarantee. In the event that you are dissatisfied with the 2008 FBLM Service for any reason you may qualify for a full refund of your registration fee in accordance with the FBLM Money Back Guarantee.
• No Internet Connection Equipment Provided. CBSII and/or the NFL shall not be obligated to, and you acknowledge that CBSII and/or the NFL will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2008 FBLM Service and the NFL Content.
• Revision of the 2008 FBLM Service. CBSII and/or the NFL may modify, suspend or discontinue any aspect of the 2008 FBLM Service at any time, including, without limitation, the availability of any NFL Content. CBSII and/or the NFL may also impose limits on certain features and services or restrict your access to parts or all of the 2008 FBLM Service and/or the NFL Content without notice or liability of any kind.
• No Resale of the 2008 FBLM Service. You agree that this FBLMTOU is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the 2008 FBLM Service, including, without limitation, the NFL Content.
• No Accuracy of NFL Content. The NFL Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the NFL Content. You should be aware that the NFL Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the NFL Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any NFL Content and will not be liable for any lack of the foregoing.
• No Warranty of Lawfulness of the 2008 FBLM Service. CBSII and/or the NFL does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2008 FBLM Service, including, without limitation, the NFL Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2008 FBLM Service, including, without limitation, the NFL Content.
• Entertainment Purposes Only. The 2008 FBLM Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
• Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the 2008 FBLM Service is subject to the NFL.com Privacy Policy.
• Statistics Corrections. Following the completion of each week's games, all statistics and point totals are verified, and corrections are made where necessary. However, all statistics and point totals for the week are considered FINAL as of Wednesday. If a stat correction is announced for the previous weekend's games on Wednesday or later, it will not be included in our statistics and your official Fantasy scoring will be based on the original statistic.
• Suspension and/or Termination of Your 2008 FBLM Service. The 2008 FBLM Service and its related benefits are offered at the discretion of CBSII and/or the NFL and CBSII and/or the NFL expressly reserve the right to immediately modify, suspend or terminate, temporarily or permanently, your 2008 FBLM Service, in whole or in part, without refund and without notice to you and refuse you current or future use of the 2008 FBLM Service, if CBSII and/or the NFL, in their sole and exclusive discretion believe that you have acted inconsistently with the spirit or letter of this FBLMTOU or the NFL.com Terms of Use. You agree that CBSII and/or the NFL will not be liable to you or to any third party for any modifications or discontinuance of the 2008 FBLM Service.

• 2008 FBLM Service License. During the Term, CBSII and/or the NFL hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2008 FBLM Service, including the NFL Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and CBSII and/or the NFL does not grant you any right or license in any CBSII and/or NFL materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
• No Sublicense. Nothing herein shall be interpreted to mean, and CBSII and/or the NFL do not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2008 FBLM Service, including, without limitation, the NFL Content.
• Copyright Notices. The 2008 FBLM Service, including without limitation, the NFL Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by CBSII and/or the NFL. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2008 FBLM Service, including, without limitation, the NFL Content or as CBSII and/or the NFL otherwise may impose from time to time.
• No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2008 FBLM Service, including, without limitation, the NFL Content.
• No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2008 FBLM Service, including without limitation, the NFL Content or take any action whatsoever in derogation of CBSII's and/or the NFL.s rights therein or in breach of any terms and conditions contained in this FBLMTOU.
• Reservation of Rights. Any and all rights to use the 2008 FBLM Service, including, without limitation, any NFL Content not expressly granted to you under this FBLMTOU are hereby reserved for CBSII and/or the NFL. Nothing contained in this FBLMTOU shall affect, impair, or limit in any way CBSII's and/or the NFL.s rights to exploit fully the 2008 FBLM Service, including, without limitation, any NFL Content.
• Proprietary Rights. You acknowledge and agree that CBSII and/or the NFL owns and shall retain all rights, title and interest in and to the 2008 FBLM Service, including, without limitation, the NFL Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
• .No License to CBSII and/or NFL Trademarks. Nothing herein shall be interpreted to mean, and CBSII and/or the NFL do not grant you any right or license in any CBSII and/or the NFL trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSII and/or the NFL, its parents, subsidiaries or affiliates, including, without limitation, the Teams, in any manner whatsoever.

• You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the 2008 FBLM Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the 2008 FBLM Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
• You represent, warrant and covenant that you will comply with the NFL.com Terms of Use in connection with your use of the 2008 FBLM Service.

CBSII AND/OR THE NFL DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2008 FBLM SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2008 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2008 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT. FURTHER, CBSII AND/OR THE NFL AND THEIR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CBSII AND/OR THE NFL AND THEIR SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2008 FBLM SERVICE INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS FBLMTOU.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL CBSII AND/OR THE NFL AND THEIR SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2008 FBLM SERVICE, EVEN IF FORESEEABLE OR CBSII AND/OR THE NFL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS FBLMTOU. IN NO EVENT SHALL CBSII'S AND/OR THE NFL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2008 FBLM SERVICE.

9. Indemnity.

You agree to defend, indemnify and hold harmless CBSII and/or the NFL and their subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, arising out of or in connection with this FBLMTOU, including, without limitation, your use of the 2007 FBLM Service, including, without limitation, the NFL Content. Notwithstanding the foregoing, CBSII and/or the NFL retain the exclusive rights to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSII and/or the NFL herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without CBSII.s and/or the NFL.s prior written approval.

10. Governing Law and Jurisdiction.

THIS FBLMTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New York state and federal courts located in the City of New York, County of New York, and State of New York. The parties agree not to raise the defense of forum non conveniens.

11. Miscellaneous

This FBLMTOU contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this FBLMTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this FBLMTOU or the intent of any provision of this FBLMTOU. It is the intent of the Parties that neither this FBLMTOU, nor any covenant in this FBLMTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this FBLMTOU. If any provision of this FBLMTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this FBLMTOU.

12. Report Violations

If you witness any user activity in the 2008 FBLM Service that violates this FBLMTOU, please notify us of the activity via the help center located in your league under the 'Help' tab. CBSII and/or the NFL cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making the 2008 FBLM Service an enjoyable experience for everyone.