TERMS OF USE AGREEMENT

Welcome to www.fanclubathletics.com, the Fan Club Athletics mobile application, social media pages and other online services, programs, or interactions (the “Online Services”) of Fan Club Athletics, and its affiliates and subsidiaries and authorized designees (individually and collectively referred to herein as, “Fan Club Athletics”, “we”, “us”, or “our”). Fan Club Athletics provides the Online Services, as well as any content, information, programs, offers, products, services, and features made available through the Online Services (“Features”), to you subject to the following Terms of Use (“Terms”).

 

ACCEPTANCE OF TERMS

PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE EACH USE OF THE ONLINE SERVICES. BY VISITING, ACCESSING, BROWSING, OR USING THE ONLINE SERVICES OR PLACING AN ORDER THROUGH THE ONLINE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER PROVIDED BELOW AND PRIVACY POLICY, WHICH FORM A LEGAL AND BINDING AGREEMENT THAT IS EFFECTIVE AS IF YOU HAD SIGNED IT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT VISIT, ACCESS, BROWSE, OR USE THE ONLINE SERVICES OR ANY FEATURES.

Special terms may apply to some Features offered through the Online Services, or to any sweepstakes, contests, games, promotions, Programs (as defined below), or activities that may be offered through the Online Services (collectively, the “Activities”) as posted in connection with the applicable Activity. By entering or participating in an Activity you will become subject to those terms or rules in addition to these Terms. In the event of a conflict, any such special terms or rules shall prevail over these Terms.

 

MODIFICATIONS TO THESE TERMS

We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Online Services, along with the date on which it was most recently revised as indicated by the “Last Revised” heading at the top of these Terms. Your continued access to and/or use of the Online Services after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provisions.

 

PRIVACY

Please review Fan Club Athletics’ Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms, carefully to understand how Fan Club Athletics collects, uses and shares information, including personally identifiable information, when you access or use the Online Services, Features, Content, Activities, and Programs. If you do not consent to Fan Club Athletics’ privacy practices as set forth in the Privacy Policy, you are not authorized to use the Online Services, Features, Activities, or Programs.

 

ELECTRONIC COMMUNICATIONS

When you use the Online Services or send e-mails to Fan Club Athletics, you are communicating with us electronically, and You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

 

PERMITTED USERS OF ONLINE SERVICES

The Online Services are directed to persons 13 years of age or older. The utilize certain Features such as online ordering, fundraising, and contests and promotions, you must be 18 years of age or older.

 

USE

The Online Services and all content, information, and other materials featured, displayed, contained, or available through the Online Services, including, without limitation, text, graphics, logos, icons, images, photographs, pictures, audio, software, “look and feel”, pages, screens, content arrangements, video clips, designs, illustrations, and layouts (“Content”) are owned by and proprietary to Fan Club Athletics and/or its licensors. Fan Club Athletics grants you a non-exclusive, non-transferable, revocable, personal, limited right and license to access and use the Online Services, Features, and Content solely for your personal, non-commercial use and strictly in accordance with these Terms. You shall not, directly or indirectly, reproduce, duplicate, modify, copy, sell, resell, distribute, transmit, license, modify, create derivative works from, or exploit for any commercial purpose any portion of the Online Services, Features, Content, Activities, or Programs.

You agree to use the Online Services, Features, Content, Activities, and Programs in accordance with these Terms and all applicable laws and regulations. Any use not expressly permitted by these Terms is prohibited, constitutes a breach of these Terms, and automatically terminates the license granted to you hereunder to access and use the Online Services, Features, Content, Activities, and Programs.

 

PROHIBITED USER CONDUCT; RESTRICTIONS ON USE

You may not use the Online Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Online Services; (d) infringes upon the rights of any person or entity; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Fan Club Athletics products without the prior written consent of Fan Club Athletics; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Online Services.

You agree not to:

• modify, adapt, translate, or reverse engineer any portion of the Online Services, Features, or Content;

• use the Online Services, Features, or Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

• use the Online Services or Features in any way that could disrupt, damage, disable, overburden, or impair such or systems, servers, or networks utilized to provide the Online Services and Features;

• frame or mirror any portion or feature of the Online Services or Content;

• use the Online Services , Features, or Content for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;

• use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services, Features, or Content; (2) reproduce or circumvent the navigational structure or presentation of the Online Services, Features, or Content; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;

• transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;

• circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Fan Club Athletics;

• forge headers or otherwise manipulate identifiers;

• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

• submit or post any false or misleading information;

• violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Fan Club Athletics, or any other person or entity; and/or

• engage in any other action that, in the sole judgment of Fan Club Athletics, exposes it or any third party to potential liability or detriment of any type.

Without limiting any of Fan Club Athletics’ rights and remedies, Fan Club Athletics reserves the right to prohibit access, use, conduct, communications, or content that Fan Club Athletics, in its sole discretion, deems to be inappropriate or harmful to the Online Services, Features, Content, Activities, Programs, users, Fan Club Athletics, the Fan Club Athletics brand, or any other person or entity, or that violates these Terms and/or applicable law.

 

USER MATERIALS; SUBMISSIONS

User Materials: The Online Services may contain blogs, chat areas, forums, comments, rankings, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with other Online Services users or Fan Club Athletics, and/or to post to or make available through the Online Services user content and materials (collectively, “User Materials”). Fan Club Athletics does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Fan Club Athletics be liable in any way for any User Materials.

You acknowledge that Fan Club Athletics may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, and/or move any User Materials that are available via the Online Services, and Fan Club Athletics shall have no liability to you or any other user arising from such actions or inactions.

You understand that by using the Online Services, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any User Materials.

Submissions: You are solely responsible for any User Materials or other information, suggestions, ideas, content, or material (whether solicited or unsolicited) that you transmit to or through the Online Services or otherwise to us (e.g., through email) (“Submissions”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. All Submissions are subject to these Terms. Fan Club Athletics is under no obligation to post or use any Submission and may remove or edit any Submission at any time in its sole discretion, without any notice to you.

By making a Submission, you represent and warrant that (a) your Submission is true, accurate, and not misleading; (b) you own all right, title, and interest, including copyright, to your Submission or otherwise have all releases, licenses, consents, and rights necessary to use, post, distribute, or transmit your Submission and grant Fan Club Athletics the rights to utilize your Submissions as permitted herein; (c) Fan Club Athletics will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (d) the Submission is your own original work and accurately reflects your views; (e) your Submission does not include the trade secret or confidential information of others, and does not infringe, misappropriate, or violate any person or entity’s rights, including intellectual property and privacy rights; and (f) the Submission complies with these Terms and all applicable laws.

You agree that you will evaluate and bear all risks associated with your Submission. Submissions may be available to Online Services users and to users of other websites and services.

By making a Submission, you grant Fan Club Athletics and its affiliates, licensees, assignees, and designees an irrevocable, unrestricted, assignable, transferable, sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to use, disclose, copy, transmit, distribute, reformat, reproduce, modify, incorporate, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and otherwise use your Submission, along with your name or any part thereof, your city/town/village of residency, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes (including, without limitation, in marketing, advertising, and promotions) without compensation or attribution to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission. You hereby waive any right to inspect or approve any such use by Fan Club Athletics. Additionally, you waive, release, and hold Fan Club Athletics and its affiliates, licensees, assignees, and designees harmless from and against any and all claims and liabilities arising from Fan Club Athletics’ use of your Submission as permitted herein, whether based on privacy, publicity, defamation, misappropriation, intellectual property, or otherwise. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission.

 

PURCHASES

If you wish to purchase products or services described on or provided through the Online Services, you will be asked by Fan Club Athletics or a third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other payment information. You understand that any such information will be treated by Fan Club Athletics in the manner described in its Privacy Policy. You agree that all information that you provide to Fan Club Athletics or such third party provider will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to your purchases. If you receive an e-mail confirmation of an order, it does not constitute acceptance thereof or confirmation of an offer to sell. Fan Club Athletics reserves the right, without prior notice, to limit the order quantity on any item or to refuse to fulfill any order. Additional terms and conditions may apply to such purchase, and if you do not agree to any such terms and conditions and/or decline acceptance thereof, no transaction can occur and you will be unable to complete the purchase.

 

PROGRAM TERMS AND USER ACCOUNTS

The Online Services are made available to provide information about Fan Club Athletics, and to provide products, services, promotions, and programs offered by or on behalf of Fan Club Athletics, all in the United States (the “Program(s)”). Some Programs are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a Program or set up an account for a Program, you agree to be bound by the terms and conditions of the Program, in addition to these Terms, and all terms incorporated by reference. Fan Club Athletics may discontinue, or change from time to time, any Program, including any Program terms, without prior notice. Some Program options are only available if you utilize corresponding program features.

User Accounts: Programs may require that you set up an account with Fan Club Athletics. You may be able to, or may be required to, use an account you have set up for one Program, for additional or all other Programs offered by Fan Club Athletics. If you choose to, or are required to, set up a single account for multiple Programs, that account will control your access and use to all such underlying Programs, and any suspension, cancellation, termination, unenrollment, or other deactivation of your account may prevent you from accessing and/or using all or other underlying Programs. When you set up an account under any Program, you may be required to choose a user name and password. You may also be able to access your account(s) and/or create an account through third party authorization method(s) (for example, a social media account). You may have the ability to choose to have portions of your account information accessible by third parties (for example, in connection with your use of third party services, such as an electronic wallet). You may have the ability to interact with your account through third party services (for example, third party voice assist services or third party order processing services). The third party‘s terms and conditions apply as more fully described under Third Party Content, Products and Services (including Advertising and Promotions) section below. All information provided by you must be complete and accurate. If your information changes, you should promptly update your account. If you use the same user name and password for different accounts, the account information from the various Programs may be combined. If you make a change in your account information for one Program there may be an automatic corresponding change to your account information for another Program. Your Program member account(s), username(s), and password(s) are for your personal use only. You may have the ability to choose to have your credit card, Fan Club Athletics gift card, and/or other payment methods associated with your account(s). You are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your Program account(s), username(s) and password(s), and any other information that may be used to access your account(s). If you believe your account(s) have been compromised, please immediately contact our Customer Support at fundraise@fanclubathletics.com and take immediate action to de-activate or change your account(s), passwords, information, and/or credentials. You agree to notify Fan Club Athletics immediately of any unauthorized access to or use of your account, or any other breach of security. You may be held liable for losses incurred by Fan Club Athletics or any other user or visitor due to someone else using your account as a result of your failing to keep your login information secure and confidential. You authorize Fan Club Athletics to act on instructions received through use of your account, and Fan Club Athletics is not liable for any loss or damage arising from your failure to comply with these Terms. Neither Fan Club Athletics nor any franchisee or supplier is responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account(s), or for use of any Program or account(s) without your permission. Fan Club Athletics does not represent or warrant that any Program account will always be accessible or accepted. Without notice to you, Fan Club Athletics reserves the right, without any liability to you, to suspend and/or terminate your account(s) and/or your participation in any Program for any reason in its sole discretion, including, without limitation, if Fan Club Athletics determines in its sole discretion that you have violated these Terms or the applicable Program terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Fan Club Athletics may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel, or combine accounts that appear to be duplicative.

Fan Club Athletics Mobile App: In order to access and use the Online Services made available through the Fan Club Athletics Mobile Application (“the App”) you must have a compatible mobile device; Fan Club Athletics does not warrant that the App will be compatible with your mobile device.

You acknowledge and agree that Fan Club Athletics may send messages from time to time using the contact information you provide to Fan Club Athletics. Such messages may include Fan Club Athletics Reward Terms updates, Fan Club Athletics Rewards notifications, system updates, flash bulletins, Reward confirmations, administrative announcements, special requests and the like and may be sent by notifications through the App, by e-mail or regular mail.

THIRD PARTY CONTENT, PRODUCTS AND SERVICES (INCLUDING ADVERTISING AND PROMOTIONS)

Fan Club Athletics may provide third party content on the Online Services (including embedded content) and links to web pages and content of third parties, including Fan Club Athletics branded, co-branded and/or our franchisee(s)' content, web pages, and/or social media sites (collectively, “Third Party Content”). Fan Club Athletics may also make certain Online Services, Features, Content, Activities, and Programs available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including, without limitation, use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. Fan Club Athletics does not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of third party service in connection with use of any of the Fan Club Athletics Online Services does not imply Fan Club Athletics’s endorsement, affiliation, or adoption of such Third Party Content or service, and Fan Club Athletics makes no guarantee as to accuracy, completeness, reliability or suitability thereof for your purposes. You agree to comply with all applicable laws, regulations, and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its terms of service). You acknowledge and agree that Fan Club Athletics is not responsible or liable in any manner for Third Party Content or services.

 

OWNERSHIP OF ONLINE SERVICES AND INTELLECTUAL PROPERTY

You acknowledge and agree that, as between Fan Club Athletics and you, all right, title and interest in and to the Online Services, Features, Content, Activities, and Programs, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights (the “Intellectual Property”), are owned exclusively by Fan Club Athletics or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer, or create derivative works of the Intellectual Property or any portion thereof. Your use of the Online Services does not create, and nothing contained in the Online Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any Intellectual Property rights of Fan Club Athletics or its licensors. You are strictly prohibited from using any Intellectual Property except as expressly provided in these Terms.

Copyright: All Content is the property of Fan Club Athletics or its licensors and content suppliers and protected by U.S. and international copyright laws. Fan Club Athletics grants you permission to download one copy of the Content onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, publication, display, performance, or commercial exploitation of any Content, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Online Services and in connection with the Activities and Programs (the “Trademarks”) are proprietary to Fan Club Athletics or its licensors. The absence of a trademark notice or legend indicating the registration or ownership by Fan Club Athletics or its licensors anywhere in the text of the Online Services does not constitute a waiver of Fan Club Athletics or its licensors trademark or other intellectual property rights. Fan Club Athletics does not permit any person or entity to use the Trademarks in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without Fan Club Athletics’ prior express written permission. Any third-party names or trademarks referenced in the Online Services do not constitute or imply any affiliation, endorsement, or recommendation by Fan Club Athletics of the third parties, or by the third parties of Fan Club Athletics.

 

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Fan Club Athletics may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied on a Online Services in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Fan Club Athletics’ Copyright Agent a Notice containing the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Online Services (providing URL(s) in the body of an email is the best way to help Fan Club Athletics locate content quickly);

4. your name, address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.

All Notices must be sent to Fan Club Athletics’ Copyright Agent at Fan Club Athletics 1701 N. Market St. Sparta, IL 62286

DISCLAIMER

THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAN CLUB ATHLETICS AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (“FAN CLUB ATHLETICS PARTIES”), DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW.

YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS IS AT YOUR RISK. If you are dissatisfied with the Online Services, the Features, Content, Activities, or Programs in any way, or these Terms, your sole and exclusive remedy is to discontinue accessing and using the Online Services.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that your access to and use of the Online Services and provision of Submissions are free of viruses or other harmful code.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FAN CLUB ATHLETICS PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, ACCESS, USE, INABILITY TO USE, OR PERFORMANCE THEREOF. IN NO EVENT SHALL THE FAN CLUB ATHLETICS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF THE FAN CLUB ATHLETICS PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Exclusions and Limitations: Because some jurisdictions do not allow for certain limitations with respect to duration or disclaimer of warranties, or exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If it is finally determined by a court of law or an arbitrator that has competent jurisdiction over the matter that the limitation of liability set forth in this Section 13 does not apply to you, then you agree that the Fan Club Athletics Parties’ total liability in the aggregate for any claims made by you or any third party on your behalf, whether in contract, warranty, or tort (including negligence whether active, passive, or imputed), products liability, strict liability, or other theory, arising out of or in any way relating to these Terms, the Online Services, Features, Content, Activities, and Programs shall not exceed one hundred dollars ($100.00).

THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS. ABSENT SUCH LIMITATIONS, FAN CLUB ATHLETICS WOULD NOT PROVIDE YOU WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS.

 

MODIFICATIONS / SUSPENSION / TERMINATION

Fan Club Athletics may at any time, for any reason, in whole or in part, and without notice or liability to you: (a) modify, interrupt, restrict, limit, suspend, discontinue, or terminate operation of or access to the Online Services, Features, Content, Activities, or Programs; (b) change, revise, or modify the Online Services, Features, Content, Activities, or Programs; and/or (c) terminate your authorization to access and use the Online Services, Features, Content, Activities, or Programs.

You agree that Fan Club Athletics will not be liable to you or to any third party for any modification, suspension, discontinuance, or termination of the Online Services, Features, Content, Activities, or Programs.

You should retain copies of your Submissions that you may want to save and not rely on the Online Services to preserve your Submissions

I

NDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE FAN CLUB ATHLETICS PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (A) YOUR SUBMISSIONS AND ACCOUNTS, (B) YOUR ACTIVITIES IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS; OR (C) YOUR BREACH OF ANY OF THE TERMS.

 

SOLELY INTENDED FOR UNITED STATES USERS

The information on all of the Online Services is solely for use and access by persons residing in the United States, its territories, and possessions (the “US”). Fan Club Athletics controls and operates the Online Services from offices located in the United States and makes no representations or warranties that the Online Services, Features, Content, Activities, or Programs are appropriate or available for use or access in any location outside of the US. Anyone using or accessing the Online Services from outside the US does so on their own risk and are responsible for compliance with all applicable laws and regulations, including, without limitation, US and international export control laws and regulations.

WAVIER OF RIGHTS, DISPUTE RESOLUTION; GOVERNING LAW

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT WAIVES OR LIMITS YOUR RIGHTS. REMEMBER THAT USE OF THE ONLINE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS, INCLUDING THE PROVISIONS RELATING TO ARBITRATION, GOVERNING LAW, AND DISPUTE RESOLUTION.

Waiver of Certain Type of Actions: You acknowledge and agree to waive the following rights in connection with the Online Services:

1. THE RIGHT TO HAVE THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF NORTH CAROLINA, U.S.A, APPLY TO A DISPUTE OR ACTION BETWEEN YOU AND FAN CLUB ATHLETICS.

2. THE RIGHT TO HAVE A JURY TRIAL.

3. THE RIGHT TO BRING A COURT ACTION FOR MOST DISPUTES BETWEEN YOU AND FAN CLUB ATHLETICS.

4. THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE OR CLASS MEMBER.

5. THE RIGHT TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON.

6. THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION.

To the extent that the foregoing waivers or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to brought on non-individual, class action, collective action, representative, or private attorney general basis, you and Fan Club Athletics agree that such actions will not be decided in arbitration and must be litigated in a civil court. You irrevocably agree that the federal and state courts located in or for Forsyth County, North Carolina, U.S.A., are the sole and exclusive forum and venue for any dispute litigated in a civil court, as the most convenient and appropriate to address any disputes, and you agree to submit to the exclusive jurisdiction and venue of such courts.

Governing Law: These Terms and any actions or disputes arising out of, relating to, or in any way connected with these Terms, the Privacy Policy, the Online Services, Features, Contents, Activities, or Programs shall be governed by, and will be construed in accordance with, the laws of the State of North Carolina, U.S.A., without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.

Agreement to Arbitrate: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL ACTIONS AND DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE ONLINE SERVICES, THESE TERMS (INCLUDING THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION), THE PRIVACY POLICY, OR THE FEATURES, CONTENTS, ACTIVITIES, OR PROGRAMS MUST BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL, BINDING, INDIVIDUAL, ARBITRATION HELD IN FORSYTH COUNTY, NORTH CAROLINA BEFORE AND IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THEN IN EFFECT EXCEPT AS MODIFIED BY THIS “DISPUTE RESOLUTION” SECTION), BY A SOLE ARBITRATOR APPLYING NORTH CAROLINA LAW (WITHOUT REGARD FOR CONFLICTS OF LAW PRINCIPLES). THE ARBITRATOR'S AWARD OF DAMAGES MUST BE CONSISTENT WITH THE TERMS OF THE "LIMITATION OF LIABILITY" SECTION ABOVE AS TO THE TYPES AND THE AMOUNTS OF DAMAGES FOR WHICH A PARTY MAY BE HELD LIABLE. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Forsyth County, North Carolina. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and State courts in Forsyth County, North Carolina for any such enforcement.

Equitable Relief: Notwithstanding anything to the contrary in this Section, Fan Club Athletics may seek equitable relief against you, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, in any court of competent jurisdiction.

Waiver of Jury Trial: YOU AND FAN CLUB ATHLETICS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD TO ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THE ONLINE SERVICES, THESE TERMS, THE PRIVACY POLICY, THE FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.

Time to Commence an Action: ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THE ONLINE SERVICES, THESE TERMS, THE PRIVACY POLICY, OR THE FEATURES, CONTENT, ACTIVITIES, PROGRAMS, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER, MUST BE COMMENCED WITHIN ONE-YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE WAIVED.

FORCE MAJEURE

Fan Club Athletics shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor, or materials.

MISCELLANEOUS

If any provision of these Terms is held to be illegal, invalid, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of these Terms and the remaining provisions. The failure of Fan Club Athletics to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Fan Club Athletics’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms. Only a specific, written waiver of any of the provisions of these Terms, signed by the Chief Executive Officer of Fan Club Athletics, shall have any legal effect. You may not assign or transfer any of your rights or obligations under these Terms, in any way, whether by operation of law or otherwise. All of Fan Club Athletics's rights and obligations under these Terms are freely assignable and transferable for any reason, including, without limitation, in connection with a merger, acquisition, reorganization, corporate transaction, sale of assets, by operation of law, or otherwise.

Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other applicable terms included within the Online Services, and/or the Features, Content, Programs, and Activities, as each is currently posted on the Online Services, constitute the entire agreement between Fan Club Athletics and you with respect to your use of the Online Services, Features, Content, Activities, and Programs, and supersede all previous written or oral agreements between us and you with respect to such subject matter.

CONTACT US

If you have any questions about these Terms or the Online Services, please contact us at fundraise@fanclubathletics.com