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TERMS AND CONDITIONS
--------------------------------------------------------------------------------
TERMS OF USE
THESE TERMS OF USE ARE EFFECTIVE AS OF, AND WERE LAST UPDATED ON, FEBRUARY 29,
2024.
AUGUST 11, 2021: UPDATED TO PROVIDE INFORMATION ABOUT OUR MOBILE MESSAGING
PROGRAM.
July 2021: Updated to add text message program terms and to clarify unsolicited
submission process.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE
AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT
1-877-833-7397, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7583 OUTSIDE THE
UNITED STATES) OR VIA OUR CONTACT US PAGE.
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT GOVERN HOW
CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE STORE WILL BE
RESOLVED FOR EXAMPLE, SECTION 22 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF
CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT
BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN
YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR
MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR
REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant
points throughout these Terms, please note Section 17 and 18 contain important
limitations on our liability.
Welcome to Fanatics. The following terms of use (the "Terms of Use") contain the
terms and conditions applicable to you and your access to and use of this
website, www.fanatics.com, including the mobile version (collectively, the
"Website"), and our mobile application (the "App"), if applicable, in each case
regardless of how accessed (collectively, the Website and the App are referred
to as the "Properties"). The Properties are owned and operated by Fanatics,
Inc., a Delaware corporation, and/or its affiliates ("Fanatics," "we", "us",
"our"). Your use of the Properties (and any other feature, content or
application offered by the Properties) is at all times subject to these Terms of
Use, as the same may be modified by us, and all applicable laws, rules and
regulations. Please read these Terms of Use carefully. If you are dissatisfied
with these Terms of Use or the Properties or any material on the Properties,
your sole and exclusive remedy is to discontinue using the Properties
--------------------------------------------------------------------------------
TABLE OF CONTENTS
* 1. Acceptance of Terms of Use.
* 2. Other Sources of Terms and Conditions; Promotions and Coupons
* 3. Use of the Properties.
* 4. Unauthorized Use.
* 5. FanCash.
* 6. Links to Third Party Sites; Advertisers.
* 7. Privacy Policy.
* 8. Products, Content and Specifications.
* 9. Placing an Order; Limitations; Order Acceptance.
* 10. Property; Intellectual Property.
* 11. User-Generated Content.
* 12. Digital Millennium Copyright Act (DMCA) Notice.
* 13. No Ideas Accepted.
* 14. Termination of Access and/or Account.
* 15. Term.
* 16. Indemnity.
* 17. DISCLAIMER OF WARRANTIES.
* 18. LIMITATION ON LIABILITY.
* 19. Third Party Transactions.
* 20. U.S. Export Controls.
* 21. Governing Law.
* 22. Arbitration; No Class Action.
* 23. Messaging Terms & Conditions.
* 24. Miscellaneous.
* 25. Contact Information.
--------------------------------------------------------------------------------
1. ACCEPTANCE OF TERMS OF USE.
BY ACCESSING AND USING THE PROPERTIES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND
AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. If you do not agree to be
bound by these terms of use, you may not access or use the Properties. These
Terms of Use may be prospectively changed, modified, or altered by us in our
sole discretion at any time without prior notice. If we materially change the
Terms of Use, we will notify you through a notice, updated Terms of Use on the
Properties or by email (sent to the email address specified in your account, if
any), prior to or upon the change(s) becoming effective. Accordingly, when you
access or use the Properties, you should check the date of the Terms of Use and
be aware of any changes since the last version. Your continued use of the
Properties following the posting of any changes to these Terms of Use means that
you accept such changes. Your access to and use of the Properties will be
governed by the Terms of Use in effect at the time of such access or use.
2. OTHER SOURCES OF TERMS AND CONDITIONS; PROMOTIONS AND COUPONS.
Certain provisions of the Terms of Use may be superseded by expressly designated
legal notices, rules or other terms located on particular pages of the
Properties, and, additionally in order to participate in or use certain
services, promotions, discounts or coupons that may be run from time to time
with respect to the Properties ("Offer(s)"), you may be required to agree to
additional or different terms and conditions ("Additional Terms"). Some Offers
also may be subject to additional requirements or restrictions imposed by us or
participating third parties, such as the vendors or other merchants that issued,
sponsored, or are associated with the Offer or the exclusion of merchandise from
an Offer which shall also be part of the Additional Terms. Certain merchandise,
shipping methods, costs or membership programs, and/or delivery times may be
modified or not available in connection with an Offer. Your redemption of the
Offer or use of such pages constitutes your unconditional acceptance of the
Additional Terms. If there is an actual conflict between these Terms of Use and
any Additional Terms, the Additional Terms shall control and the non-conflicting
provisions in these Terms of Use will continue to apply. For the sake of
clarity, silence with respect to a particular term in either these Terms of Use
or any Additional Terms does not constitute a conflict.
If an Offer does not contain Additional Terms, then only these Terms of Use
apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer:
(a) is valid only at the Property identified in the Offer and at no other store;
(b) applies to in-stock merchandise only and not to gift cards or services; (c)
is not valid for cash or cash equivalents; (d) is limited to one Offer per
person, household, or address; (e) must be entered at checkout and/or in your
account to be redeemed; (f) may not be combined with any other coupons or
offers; (g) may only be used once; (h) expires on the later of one year from the
date of issue or the date required by applicable law unless cancelled by us as
permitted herein, and (i) cannot be reproduced, modified, sold or traded or used
to pay any tax, such as sales tax, shipping, handling or any value added
service. In addition, some Offers may be in the form of a voucher. If you
purchase a voucher with a promotional value beyond the amount paid, you may
redeem the voucher for the promotional value until the expiration date, or for
the amount paid after the end of the applicable promotional period. We reserve
the right to limit, change, or cancel any Offer or associated order, without
prior notice, even after you have attempted to redeem the Offer or placed your
associated order.
3. USE OF THE PROPERTIES.
The content and information posted by us on the Properties may be used only for
informational, personal or other purposes authorized by us. By accessing and
using the Properties, you represent and warrant that: (a) all information you
submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 18 years of age or older; and (d) your use of the
Properties does not violate any applicable law, rule or regulation. While we
sell merchandise for children's use, this merchandise is intended for sale only
to adults. The Properties are general use sites and not targeted toward children
under the age of 16. The Properties are intended for use by residents of the
United States or non-residents that agree to use the Properties in accordance
with U.S. laws, these Terms of Use and the Privacy Policy. If you are located in
the European Economic Area ("EU"), please visit our site at fanatics.co.uk. By
using the Properties, you further represent and warrant that you (i) are located
inside the U.S. or (ii) are located outside the EU and agree to be bound by U.S.
laws. Use of and access to the Properties is void where prohibited.
4. UNAUTHORIZED USE.
You may not use the Properties for any unauthorized use or for any illegal or
unlawful purpose. Any unauthorized use or violation of these Terms of Use may
immediately and automatically terminate your right to use and access the
Properties and may subject you to legal liability. Appropriate legal action may
be taken for any illegal or unauthorized use of the Properties. We may remove
any unauthorized content, links, etc. without notice. Some examples of
unauthorized, illegal or unlawful use of the Properties include, but are not
limited to:
* Copying, modifying, displaying, performing, distributing, republishing, or
retransmitting any content or material (including, by way of example, images
and text), in whole or in part, from/on the Properties without our prior
written consent;
* Collecting usernames and/or email addresses of users for the purpose of
sending unsolicited email;
* Using a framing or similar technique without our prior written permission;
* Creating or maintaining any link from another website to any page on the
Properties without our prior written permission;
* Criminal or tortious activity, including fraud, spamming, spimming (spam by
instant message), sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
* Covering or obscuring the banner advertisements on the Properties, if any,
via HTML/CSS or any other means;
* Any automated use of any system, such as using scripts to alter content;
* Interfering with, disrupting, or burdening the Properties or the networks,
systems or services connected to the Properties;
* Using any automated system or software to extract data from the Properties
for commercial purposes (including "screen scraping");
* Attempting to impersonate another user or person at checkout or otherwise;
* Using the account, username, or password of another user or disclosing your
password, as applicable, to any third party or permitting any third party to
access your account;
* Displaying an advertisement, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity on or
through the Properties on behalf of that person, such as placing commercial
content on the Properties;
* Using the Properties for any harassing, threatening, libelous, abusive,
obscene or privacy-invading purposes;
* Attempting to include any of the following in merchandise that is offered for
sale through the Properties and that permits user-added content (e.g., a
personalized jersey): (i) images that contain obscene, profane, pornographic
or otherwise objectionable content; (ii) images, names or likenesses owned by
any third party without such third party's authorization; (iii) any images of
a person who has current or remaining collegiate athletic eligibility; or
(iv) any images that include the name, image, or likeness of any celebrity,
public figure or individual who has not authorized the use of his or her
name, image or likeness; or
* Using the Properties in a manner inconsistent with any applicable law, rule
or regulation.
5. FANCASH.
FanCash is a loyalty discount redeemable only toward future purchases on the
Properties or, at our discretion, certain other websites operated by us or one
of our affiliates. When you make a purchase, no additional consideration is
required from you to obtain FanCash but in order to obtain FanCash, you must
create and maintain a customer account registered with a valid email address and
check out while logged into that account on one of the websites, which is then
offering FanCash. To earn and redeem FanCash you must create and maintain a
customer account registered with a valid email address and check out while
logged into that account on one of our websites which is then offering FanCash.
If you check out as a guest, you will not earn or be able to redeem FanCash even
if you have an account. Registered users logged into their accounts at checkout
will automatically earn one (1%) percent FanCash on all eligible merchandise
purchases and have any existing balance applied as a discount on their eligible
merchandise purchase. All merchandise (including sale and promotional items) is
eligible for earning FanCash, excluding gift cards. If you return merchandise
for which you earned FanCash, that FanCash will be deducted from your FanCash
balance. When you login to your account, you may view your FanCash balance
(which will be applied automatically toward the next purchase) and you will also
be able to see which websites are currently offering FanCash. Unless required by
law, FanCash is not redeemable for cash, and cannot be transferred, sold or
distributed to others and cannot be applied to shipping, expenses or sales
taxes. You will receive periodic emails about your FanCash balances and program
news or promotions. FanCash expires as follows: FanCash expires at 11:59 PM EST
three hundred sixty-five (365) days (i.e., one (1) year) from the date of your
last eligible purchase or other qualifying transaction, unless otherwise
specified at the time of earning and specifically excluding bonus FanCash.
Subsequent eligible purchases or other qualifying transactions will extend the
expiration date for all earned FanCash in your account (the “Extended FanCash”);
provided, however, if you have been awarded bonus FanCash with an earlier
expiration date, we will specify the expiration date at the time of earning and
such bonus FanCash will not qualify as Extended FanCash (and thus will not
qualify for the extended expiration date). By way of an example, if you earned
$10.00 in FanCash on an eligible purchase made on a FanCash Platform on January
1, 2024, and you make another eligible purchase on a FanCash Platform on
December 31, 2024, then the expiration date for your initial $10.00 in earned
FanCash will be extended to 11:59 PM EST on December 31, 2025. We reserve the
right to discontinue FanCash or modify the terms applicable to FanCash at any
time. FanCash is a registered trademark of Fanatics.
6. LINKS TO THIRD PARTY SITES; ADVERTISERS.
The Properties may provide you with links or other access to other websites,
services, products or content of third parties, including the Other Platforms,
as defined in Section 11 below ("Third Party Sites"). We have no control over,
and do not necessarily endorse, any Third Party Site's services, products or
content. You acknowledge and agree that you access such Third Party Sites at
your own risk and are wholly responsible for making your own independent
judgment regarding your use or interaction with the same. We recommend that you
read the terms of use and privacy policies of each Third-Party Site that you
access.
7. PRIVACY POLICY.
You agree to our collection, use and sharing of your information, including
personal information, as set forth in our Privacy Policy ("Privacy Policy"). All
provisions of the Privacy Policy are incorporated by reference herein.
8. PRODUCTS, CONTENT AND SPECIFICATIONS.
The inclusion of any products or services on the Properties does not imply or
warrant that these products or services will be available at any particular time
or that the listed attributes are accurate or complete. The actual color of
products you see will depend in part on your computer system, and we cannot
guarantee any color or texture or detail of actual products will be accurate. We
do not endorse and have not verified the accuracy or reliability of any opinion
or statement made on the Properties by any third party, including but not
limited to customers, manufacturers, distributors or suppliers of products and
services sold through the Properties, and product packaging and material may
contain additional or different information. Always read labels, warnings,
directions or other materials provided with the product before using. In
addition, we may make changes to information about price, availability or other
product attributes without notice. In the event a product is listed at an
incorrect price due to typographical error or error in pricing or other
information, we will have the right to cancel orders of any such product,
whether or not the order has been confirmed and/or your credit card or other
payment method has been charged. If your credit card has already been charged
for the purchase and your order is cancelled, we will refund any such charges
within a commercially reasonable period of time after cancellation (the time it
takes for your financial institution to process the refund may vary and is
governed by your agreement with them).
9. PLACING AN ORDER; LIMITATIONS; ORDER ACCEPTANCE.
By placing an order, you agree that the products ordered are legal to possess
and use where you intend to possess and use them and will be possessed or used
only in a lawful manner, in accordance with all applicable laws, rules and
regulations, including copyright law and that you have the right to use any
payment method that you provide to use. You may not order products with the
intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any
product or service, to refuse service to any customer, or to cancel any order,
for any reason including after it is submitted. We also may require additional
verifications or other information prior to the acceptance and/or shipment of
any order. Your receipt of an order confirmation from us does not signify our
acceptance of your order, nor does it constitute confirmation of our offer to
sell. We accept your order only upon shipment of the product. With respect to
the shipment of products and services sold through the Properties, risk of loss
and title for items purchased from the Properties pass to you upon delivery of
the items to the carrier. You are responsible for filing any claims with
carriers for damaged and/or lost shipments. It also is your responsibility to
ascertain and obey all applicable local, state, federal and international laws
(including minimum age requirements) in regard to the possession or use of any
item purchased from the Properties.
If you complete your purchase and specify shipment to a Canadian or other
international address, you agree and acknowledge that you are: (i) authorizing
Fanatics to engage a third party carrier on your behalf to manage the shipping
and importation of the goods into that location; (ii) authorizing the third
party carrier’s customs broker to act as your agent to transport your purchases
across the border into that location, clear the merchandise with the applicable
border control organization (e.g., Canada Border Services Agency), and process
all applicable duties, taxes, and fees on your behalf; and (iii) authorizing
Fanatics to collect an additional amount at checkout to cover all of the
applicable duties, taxes, and brokerage fees to be incurred on your behalf, and
to retain any remaining amounts as an additional fee charged by Fanatics to you
for arranging for the importation of your order.
10. PROPERTY; INTELLECTUAL PROPERTY.
All content of the Properties (including, without limitation, text, graphics,
icons, images, clips and software) is protected by copyright, trademark, and
other laws. Names, logos, taglines, icons and marks on the Properties are the
exclusive property of Fanatics, Inc. and/or one of its affiliates, all rights
reserved, and may not be used by you without our prior written permission.
Unless otherwise indicated, all other intellectual property appearing on the
Properties is the property of its respective owner. We reserve all rights not
expressly granted in and to the Properties' content and services.
11. USER-GENERATED CONTENT.
Users may be able to post content in certain areas on the Properties or on other
websites or platforms that we own or operate, including on social media
platforms such as Facebook, Instagram, Twitter and Pinterest ("Other
Platforms"). You are solely responsible for any content (including, without
limitation, photos, artwork, videos, text, graphics, and other information) you
upload, post, display or otherwise provide to us through the Properties or Other
Platforms ("User Content"). Any User Content you post or provide, including any
questions, reviews, comments and suggestions, will be treated as
non-confidential and non-proprietary. By sharing User Content with us, you grant
us a worldwide, royalty-free, perpetual, irrevocable and transferable right to
use, copy, reproduce, perform, distribute, display, publish, sell, and create
derivative works of, the User Content, and to grant and authorize sub-licensees
of the foregoing. Additionally, we shall be free to use any ideas, concepts,
know-how or techniques contained in such User Content for any purpose
whatsoever, including, without limitation, developing, manufacturing and
marketing products and services which incorporate such User Content. You further
agree that this means that any User Content may appear on sites other than the
Property through which you submitted your User Content including but not limited
to Other Platforms. You represent and warrant that: (a) you own the User Content
posted by you on the Properties or otherwise have the right to grant the license
set forth in this Section 11; (b) your User Content does not violate the privacy
rights, publicity rights, intellectual property rights, or any other rights of
any person or entity; and (c) the posting of User Content on the Properties does
not result in a breach of any contract between you and a third party. You agree
that you will not use a false or misleading email address, impersonate another
person or entity or otherwise mislead with respect to any User Content. You
agree to pay for all royalties, fees and other monies owing to any person by
reason of any User Content you post on the Properties. We are under no
obligation to screen or monitor User Content but may review User Content from
time to time at our sole discretion to review compliance with these Terms of
Use. We may reject, refuse to post, edit or remove any User Content at any time
without notice, for any or no reason.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
Materials (including User Content) may be made available via the Properties by
users and other third parties not within our control. We are under no obligation
to, and do not, scan content posted on the Properties for the inclusion of
illegal or impermissible content. However, we respect the copyright interests of
others. It is our policy not to permit materials known by us to infringe another
party's copyright to remain on the Properties.
If you believe any materials on the Properties infringe a copyright, you should
provide us with written notice that at a minimum contains:
* A physical or electronic signature of a 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 website are covered by a single
notification, a representative list of such works at that website;
* 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.
All DMCA notices should be sent to our designated agent as follows:
Fanatics Retail Group
8100 Nations Way
Jacksonville, FL 32256
Attn: Paralegal, Legal Department
OR
dmcalegal@fanaticsretailgroup.com with the subject line DMCA
13. NO IDEAS ACCEPTED.
We do not accept any unsolicited ideas to this Website from outside Fanatics
including without limitation suggestions about advertising or promotions, or
merchandising of any products, additions to our services, or changes in methods
of doing business. We may already be working on or may in the future work on a
similar idea. If, notwithstanding this policy, you submit an unsolicited idea to
this Website, you understand and acknowledge that Fanatics has no obligation to
acknowledge your submission, such idea is not submitted in confidence and we
assume no obligation, expressed or implied, by considering it, and no
confidential relationship is established between you and Fanatics. By submitting
your idea, you represent that you are authorized to do so, and your submission
does not include the confidential information, proprietary know-how, trade
secrets, or other intellectual property of any other person or party. Fanatics’
use or distribution of your submission will not give rise to any claims against
Fanatics or its affiliates. You hereby grant us an irrevocable, perpetual,
world-wide license to use the idea and any associated intellectual property in
any manner, in any medium now known or hereafter developed, without compensation
to you.
14. TERMINATION OF ACCESS AND/OR ACCOUNT.
In addition to any right or remedy that may be available to us under these Terms
of Use or under applicable law, we may limit, suspend, or terminate your access
to the Website or Other Platforms (including, without limitation, your account
registration and your ability to post User Content), at any time, with or
without notice, and with or without cause. We also may refer any information on
illegal activities, including your identity, to the proper authorities.
15. TERM.
These Terms of Use shall remain in full force and effect while you use or access
the Properties or have an account with the Properties. See our Privacy
Policy for instructions on how to modify or delete your account. Sections 2, 7
and 12-21, together with all other terms that reasonably may be interpreted as
surviving, shall survive any termination of these Terms of Use.
16. INDEMNITY.
You agree to defend, indemnify and hold us, our subsidiaries, affiliates,
suppliers, and licensors and each of our respective officers, agents, partners
and employees (the "Fanatics Parties") harmless from any loss, liability, claim,
or demand, including reasonable attorneys' fees, due to or arising out of (1)
your use of the Properties in violation of these Terms of Use and/or arising
from a breach of these Terms of Use (including, without limitation, any breach
of your representations and warranties set forth herein) (2) any allegation that
any content or other material you have submitted or transmitted to the
Properties infringe, misappropriate or otherwise violate the copyright,
trademark, trade secret or other rights of any party; (3) your violation of
applicable law, and / or (4) your activities or omissions in connection with the
Properties.
17. DISCLAIMER OF WARRANTIES.
YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL
APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THESE TERMS OF USE, THESE PROPERTIES, INCLUDING ALL
INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROPERTIES,
ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY
KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF
THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED
THROUGH THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
18. LIMITATION ON LIABILITY.
IN NO EVENT SHALL THE FANATICS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER
DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE
PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE PRODUCTS OR SERVICES
AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE FANATICS PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY
LAW, IN NO EVENT WILL THE FANATICS PARTIES BE LIABLE FOR ANY DIRECT DAMAGES
EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT
ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEEDING THE CLAIM
OR TEN UNITED STATES DOLLARS.
19. THIRD PARTY TRANSACTIONS.
Through your use of the Properties, you may have the opportunity to engage in
commercial or other transactions with other users, vendors and other third
parties. You acknowledge that all transactions relating to any merchandise or
services offered by any third party, including but not limited to the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the third party
seller or purchaser of such merchandise and services and you, and that you will
look solely to such third party to enforce any of your rights. In the event of
any problem with the products or services that you have purchased from a third
party you agree that you will address such issues with the third party but all
limitations of liability and other rights of Fanatics shall apply nonetheless.
We may not have the ability to accept returns or refund the purchase price for
any transaction you complete with a third party through our Properties. ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS
OR INFORMATION AVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS
PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
20. U.S. EXPORT CONTROLS.
Software made available to you by the Properties (the "Software"), if any, is
subject to U.S. export controls. No Software may be downloaded from the
Properties or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using the Software is at your sole risk.
21. GOVERNING LAW.
These Terms of Use and your use of the Properties will be governed by federal
and Delaware law, regardless of the conflict of law provisions thereof and
regardless of where you live or from where you access or use the Properties.
22. ARBITRATION; NO CLASS ACTION.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the
Properties or Offers constitutes your acceptance of this Arbitration provision.
As a condition of using the Properties, you and we agree that any and all
disputes, claims and causes of action (collectively, "Claims") arising out of or
connected with the Properties (except for small claims court Claims, if
applicable) shall be resolved exclusively by binding arbitration under the rules
of the American Arbitration Association ("AAA"), including the Supplementary
Procedures for Consumer-Related Disputes, for full and final settlement of such
Claim applying the Federal Arbitration Act and other federal arbitration laws.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT
TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT
(A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS
REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS,
COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B)
IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL;
AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL
PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although
court review of an arbitration award may be limited, an arbitrator is empowered
to award the same damages and relief as a court, including injunctive relief or
statutory damages. Notwithstanding the foregoing, either party may seek
temporary or emergency equitable relief to enforce its rights in any court of
competent jurisdiction.
You may seek arbitration of a Claim by contacting our registered agent at:
Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The
arbitration may be conducted via telephone, written submissions or in person in
a mutually agreed location. Payment of all filing, administration, arbitrator
and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules
are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions
on how to obtain a copy. Unless the AAA arbitrator determines that your Claim
was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will
not seek reimbursement from you for our attorneys' fees and costs associated
with the arbitration. You and we further agree that an award and any judgment
confirming it only applies to the arbitration in which it was awarded and cannot
be used in any other proceeding except to enforce the award itself and any
post-arbitration action seeking to enforce an arbitration award or action
seeking equitable or injunctive relief shall be brought exclusively in the
courts of the State of Delaware, or the United States District Court for the
District of Delaware. For any Claims that are not subject to arbitration, if
any: (a) the exclusive jurisdiction and venue for proceedings involving Claims
shall be the courts of competent jurisdiction sitting within the State of
Delaware (the "Forum"), and the parties hereby waive any argument that any such
court does not have personal jurisdiction or that the Forum is not appropriate
or convenient; (b) you and we waive any and all rights to trial by jury with
respect to any Claims.
23. MESSAGING TERMS & CONDITIONS.
If you choose to participate in our Messaging Program, by providing your mobile
phone number and opting in, you agree to our Messaging Terms & Conditions found
here.
24. MISCELLANEOUS.
We may give you notice of certain events from time to time. You hereby
acknowledge and consent that such notices will be effective upon our posting
them on the Properties or (if we choose to do so in our sole discretion)
delivering them to you through email if you have provided us with your accurate
email address. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. The
section titles in these Terms of Use are for convenience only and have no legal
or contractual effect. These Terms of Use and your account on the Properties are
personal to you and may not be transferred or assigned. Our performance under
these Terms of Use is subject to existing laws and legal process, and nothing
contained in these Terms of Use is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Properties or information provided to or gathered by us with
respect to such use. If any part of these Terms of Use is deemed to be illegal,
invalid, void or for any reason unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
Terms of Use shall be unaffected and shall continue to be fully valid, binding,
and enforceable. These Terms of Use, together with any additional terms and
conditions or policies referred to and incorporated herein (including the
Privacy Policy and/or additional terms applicable to various parts of the
Properties), constitute the entire understanding between you and us. For the
avoidance of doubt, these Terms of Use apply solely to the extent permitted by
law.
25. CONTACT INFORMATION.
Fanatics, Inc., 8100 Nations Way, Jacksonville, FL 32256.
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