The following Terms and Conditions (the "Agreement") govern your use of the websites, mobile applications, and other online and mobile services that link to or post this Agreement (collectively, the "Services") that are operated by NFL Enterprises, LLC (collectively, "NFL," "we," "our," "us").
In addition to the terms set forth in this Agreement, certain Services have additional terms and conditions (collectively, the "Additional Terms"), which, depending on your location, can be located at the links below:
In the event of a conflict between the terms of this Agreement and the terms of the Additional Terms, the Additional Terms will control only to the extent that the terms of this Agreement and the Additional Terms directly conflict.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 15), LIMITATION OF LIABILITY (SECTION 16), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ IT CAREFULLY.
Your use of the Services constitutes your acceptance of the Agreement. You must be 13 years or older to use the Services. Your acceptance of the Agreement provides you with a limited and temporary license and permission to access and use the Services, which license and permission we may revoke at any time, as described below.
1. Intellectual Property
1.1 General. As between you and us, we own all right, title and interest, including all intellectual property and proprietary rights (including goodwill), in and to, and related to, the Services, Modular Content, and all Trademarks, software, technology, platforms, applications, user interface, tools, links, text, images, photographs, video, audio, graphics, user interface, and other content (and the selection, coordination, and arrangement of any content), data, analytics, algorithms, or materials included or displayed in or through, provided with or through the use of, or generated from the Services, and any and all improvements to or derivatives of the forgoing.
Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Services or contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so. To the extent you obtain any rights in our content, Services, or Modular Content, you hereby assign all such rights, title, and interest to the NFL.
1.2 Trade and Service Mark Rights. Without limiting Section 1.1 above, we (or our affiliates) and our member professional football clubs own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the National Football League and such member clubs, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries, as applicable. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so. In addition, the look and feel of the Services, including all page headers, graphics, button icons and scripts, constitute Trademarks and are subject to the restrictions on the use of Trademarks.
1.3 Permitted Uses. You may use the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database, or directory, is prohibited absent our express prior written consent.
2. Modification of This Agreement
We reserve the right to make any changes to this Agreement at any time. If we supplement, supersede, or otherwise amend this Agreement at any time, the amended Agreement will take effect immediately when it is posted. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
3. Access to the Services
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video, or access to high-quality video, may be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services or unless you complete any necessary payment or subscription fee, as applicable. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 26 of this Agreement.
4. Registration, Username, Password, Security
(a) Registration. Registration may be required for certain portions of the Services. We will not grant you access to any registration-required portions of the Services unless you have completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services.
(c) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, password, and any other registration and access info for the Services. You are responsible for all activity that occurs under your account. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username, password or any other registration and access info, or (ii) any unauthorized use of your username, password or any other registration and access info for the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify NFL Support. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
5. Special Terms and Conditions Applicable to Services/Products Offered for Purchase Through the Site
The terms and conditions applicable to products and services available for sale are available here. We reserve the right to modify the price of any services, content or products offered for purchase through the Services. We are not responsible for any error in copy or images relating to any services, content or products offered for purchase through the Services. In order to purchase services, content or products offered for purchase through the Services, you may be required to provide personal information, including, your name, address, telephone number, e-mail address, credit card information and billing address; you represent and warrant that all such information you provide is complete and accurate. Our Privacy Policy explains how such information collected via the Services may be used by us. Your ability to purchase services, content or products offered for purchase through the Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the services, content or products offered for purchase through the Services, you authorize us to charge such card on a periodic basis as specified in the amount described on the services/products purchase path(s).
You may be able to buy certain products (including, wireless content applications) and services from third-party operated store-fronts available within the Services ("Third Party Sales Locations"). Even though the Third Party Sales Locations may have the look and feel of the Services, please be aware that such Third Party Sales Locations may be governed by additional terms of use agreements. You should read the terms of use and other similar agreements and policies applicable to such Third Party Sales Locations. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities of any Third Party Sales Locations or any product or service provided therein.
5.1 SMS Terms and Conditions
The Services may offer you the ability to sign up for Mobile Alerts including, but not limited to, push notifications and text messaging such as SMS and MMS. Mobile Alerts are only available for consumers of select mobile carriers and devices. Your consent to receive Mobile Alerts is not necessary to engage with the Services. Messages will be delivered to the phone the user provides at opt-in. Canceling Mobile Alerts vary by the Services. For push notifications, you may cancel within the Service platform generally found in account settings. For text messaging, reply "STOP" to opt out of any communications. You may also text "HELP" for any additional help needed. Message frequency varies. The NFL Privacy Policy governs any data collected from you in connection with the Mobile Alert Service. Message and data rates may apply. Carriers are not liable for any delays or undelivered messages."
6. Modular Content
We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Services ("Modular Content"). To the extent that we make Modular Content available, you agree to use it responsibly and in accordance with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure our branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us in writing; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to this Agreement.
7. NFLShop.com
NFLShop.com (the "Store") allows you to order products (the "Merchandise") supplied and managed by an independent merchandise vendor ("Store Vendor"). By placing an order in the Store, you acknowledge that the Store Vendor is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. The Store Vendor can be reached by e-mail at customerservice@nflshop.com or by phone at 1-877-NFL-SHOP. The terms of use applicable to the Store can be found at www.nflshop.com/pages/TermsAndConditions.
8. Links and Third-Party Content
The Services may contain links to other services ("Linked Services"). The Linked Services are not under our control, and we are not responsible for the contents, quality or availability of the Linked Services, including, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products, or services on the Linked Services. The Linked Services may be governed by other terms of service. A user of any Linked Services will be responsible for reviewing any applicable terms and complying with them.
We may incorporate third-party services, software, technology, data, or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than this Agreement and as may be set forth by third-party providers, as applicable. You agree that the NFL assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by the NFL.
You may link to the home page of the Services without obtaining our permission. By publishing a hyperlink to our Services on your website or other venue, you warrant that the content that you are linking the Services to appropriate content that is consistent with the stated purposes of the Services and complies with this Agreement. For any other type of link to the Services, you must obtain our express written permission. To seek our permission, you may write to Legal Department, Attn: NFL.com, National Football League, 345 Park Avenue, 7th Floor, New York, NY 10154. If you provide a third-party Web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your Web site or any of its products or services; (c) shall not present false information about us, the Services or any of our products or services; (d) shall not use any of our Trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Services from any Web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.
9. Availability of Services
The availability of the content on the Services may be affected by a variety of factors, including game delays or cancellations, application of the National Football League's broadcast policy (which prohibits broadcast of football games under certain circumstances and in certain areas), technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific Services or content under this Agreement.
10. Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services and all aspects therein and thereof, and such further limitations as may be set forth in any written, on-screen notice or other notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request.
11. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials, and you have the right to grant us the rights and licenses set forth in Section 12 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials, and you have the right to grant us the rights and licenses set forth in Section 12 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; or
(h) otherwise restricts any person from using the Services, or, in our sole judgment, exposes us, users, or any other third party to any liability, damages, harm, or detriment of any type.
You further agree not to:
(a) impersonate any person or entity or otherwise use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
12. User Content and Communications
The Services may allow users to communicate with others through real-time chats, message boards, video ratings and other features. In addition, you may be able to interact with other users through fantasy football features or other games that we may from time to time make available. When your account is used to submit, post, or add content to the Services (collectively, "User Content"), you hereby accept sole responsibility for, and assume all liability (including liability for claims of infringement, libel and slander) associated with, User Content, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video and photographic) therein and agree that your User Content is accessible to other users. We do not claim ownership of User Content (expressly excluding your user data, which we collect in accordance with the Privacy Policy for the Services, and expressly excluding any content created by you based on, derived from, or incorporating existing content we own or license (e.g., through a mash-up offering) ("NFL Derived Content"), which NFL Derived Content we retain full ownership of; you hereby assign to us all right, title and interest throughout the world in and to all NFL Derived Content). However, by submitting or posting User Content, to or through the Services, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right (through multiple tiers), including any moral rights, and license to use, reproduce, improve, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit User Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed. No compensation will be paid with respect to any use of User Content by us or our licensees. We are free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever including, developing, manufacturing, and marketing products using User Content. We are under no obligation to maintain any User Content and may remove User Content at any time in our sole discretion.
By posting or submitting User Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to such User Content, and that use of such User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
If you are under the age of 13, you may not submit, post, or add User Content to the Services. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his, her, or their User Content and any legal liability that he, she or they may incur.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of User Content, in whole or in part at any time and to terminate your ability to post User Content to the Services at any time, without notice, in our sole discretion.
Any gaming features that we make available on the Services, including fantasy football features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services, or from using the Services to gamble or wager on the result of any NFL game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this Agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor User Content. You agree that we may not be held responsible for User Content and that we are free to, but not obligated to, monitor them. Despite your agreement that we are not required to monitor User Content, if we become aware of any User Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may -- but are not required to -- act in good faith to restrict access to or availability of such User Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, initiating, or assisting in legal action.
If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by contacting NFL Support. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
13. Procedure For Submitting Notices Of Intellectual Property Infringement
DMCA Notices of Copy Infringement
NFL respects the intellectual property rights of others and takes intellectual property concerns seriously. NFL reserves the right to remove any content from its Services for any reason, including if it infringes the copyright of any person under the laws of the United States. Under the appropriate circumstances, the NFL will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat copyright infringers.
Pursuant to Title 17, United States Code, § 512(c)(2)–(3) if you believe in good faith that your copyrighted work has been used on the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the information set forth below:
(a) Identification of the copyrighted work claimed to have been infringed. NFL asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.
(b) Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. NFL asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
(c) Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary.
(d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
(f) A statement acknowledging that NFL may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
(g) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement that include the above-requested information should be submitted via postal mail or e-mail to NFL's DMCA Agent as follows:
DMCA Agent
National Football League
345 Park Avenue
New York, NY 10154
212-450-2528 (phone)
dmcaagent@nfl.com (Please include "DMCA Notice of Infringement" in the subject line).
DMCA Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the NFL that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will be addressed through this process. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.
NOTICES OF TRADEMARK INFRINGEMENT
NFL respects the intellectual property rights of others and takes intellectual property concerns seriously. NFL reserves the right to remove any content from its Services for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, the NFL will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat trademark infringers.
If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to NFL's DMCA Agent (with the subject line "Trademark Notice") containing the information set forth below:
(a) Complete contact information, including first and last name, mailing address, phone number, and email address.
(b) Identification of the specific word, name, symbol, or device, or combination thereof in which you claim trademark rights.
(c) Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
(d) The country, territory, or jurisdiction in which you claim trademark rights.
(e) The category of goods or services for which you claim you are entitled to trademark rights.
(f) A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Services that you believe violates your trademark rights.
(g) An explanation of how you believe this content infringes your trademark.
(h) If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
(i) A declaration that:
- You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
- The information in your notice is accurate to the best of your knowledge and belief;
- You are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
- (Your electronic signature or physical signature.
Claims of trademark infringement that include the above-required information should be submitted via e-mail or postal mail to NFL's DMCA Agent as follows:
National Football League
345 Park Avenue
New York, NY 10154
Attn: DMCA Agent
212-450-2528 (phone)
dmcaagent@nfl.com (Please include "Trademark Notice" in the subject line).
Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the NFL that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.
IMPORTANT NOTE
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report with respect to copyright infringement may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.
Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.
Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
14. Privacy Policy
We have explained the steps we take to protect your privacy in our privacy policy ("Privacy Policy"), a copy of which you should review at http://www.nfl.com/help/privacy. You, in turn, agree that you acknowledge the Privacy Policy by your use of the Services.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES RELATING TO PRIVACY OR SECURITY OF THE SERVICES OR OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, CHANGES TO PRICES.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY SERVICE OR ANY ASPECT OF A SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEB SITE LINKED TO OR FROM A SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH ALTERATIONS.
THE LIMITATIONS IN THIS SECTION 16 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES) EXCEED ONE HUNDRED DOLLARS ($100.00).
ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 16.
17. Indemnification
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims, investigations, fines, costs and expenses, including reasonable attorneys' fees, made by or due to any third party due to, arising out of, or in connection with: (i) any User Content that you submit, post to or transmit through the Services; (ii) your use of the Services; (iii) your online conduct in connection with the Services; (iv) your use of any Modular Content; (v) your violation of this Agreement or your violation of any rights of another; (vi) your failure to comply with any applicable laws or regulations in connection with the Services; (vii) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; or (viii) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the NFL. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive any termination of this Agreement.
18. Choice of Law, Class Action Waiver, Small Claims, and Arbitration
PLEASE READ THIS SECTION [18] CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION [18], OR ANY SUBSEQUENT CHANGES TO THE ARBITRATION AGREEMENT, AS SET FORTH BELOW.
You and we agree that these Terms and Conditions affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.
With respect to any and all disputes arising out of or relating to the Services or this Agreement (including the Privacy Policy), you and the NFL agree to first negotiate in good faith to achieve a mutually satisfactory resolution, as provided in Section [19] below, before initiating a proceeding in any forum except as specifically set forth below.
18.1 Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Unless you and the NFL agree otherwise, to the fullest extent permitted by law, the state and federal courts located in New York County, New York shall have exclusive jurisdiction over any action or proceeding between you and the NFL that is not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and the NFL voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in New York County, New York that have subject matter jurisdiction, waives all objections to venue and any claim that it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other forum.
18.2 Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE NFL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
18.3 Small Claims Court. Any dispute arising out of or relating to the Services or this Agreement (including the Privacy Policy) that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section [19] to that court. The certification shall be personally signed by that party (and counsel, if represented).
18.4 Arbitration Agreement**.** Except as otherwise provided herein, all disputes arising out of or relating to the Services or this Agreement (including the Privacy Policy) that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration administered by the American Arbitration Association ("AAA"). Except as modified by this Agreement, AAA shall administer the arbitration in accordance with the Consumer Arbitration Rules and/or the Mass Arbitration Supplementary Rules, as applicable (the "AAA Rules"). The AAA Rules and fee information are available at "www.adr.org/consumer.” If AAA is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in New York County, New York to appoint an alternate administrator that will do so.
The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process in Section [19] and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may consider but will not be bound by rulings in other arbitrations where you and the NFL were not both parties. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that you or the NFL may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, as necessary to protect their rights or property (including intellectual property rights) pending the completion of arbitration. In addition, a court of competent jurisdiction in New York County, New York shall have exclusive authority to resolve any dispute relating to the interpretation, validity, scope, applicability, or enforceability of this binding arbitration agreement.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section [18.4] within 30 days after the date that you first agree to this Agreement by sending a letter to Attn: Legal Department – Arbitration Opt-Out, National Football League, 345 Park Avenue, New York, NY 10154 that specifies: your full legal name, your email address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once the NFL receives your Opt-Out Notice, this Section [18.4] will be void. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice. Notwithstanding anything to the contrary, this Agreement does not prevent you or the NFL from participating in a mass settlement of claims, including from participating in a class-action settlement.
If the NFL makes any future change to the arbitration provisions in this Section [18.4] (other than a change to the notice address), you may reject any such change by sending a letter within 30 days after the date of such change to Attn: Legal Department – Arbitration Change Opt-Out, National Football League, 345 Park Avenue, New York, NY 10154 that specifies: your full legal name, your e-mail address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of such change to the arbitration provisions ("Change Opt-Out Notice"). Once the NFL receives your Change Opt-Out Notice, any such change to the arbitration provisions in this Section [18.4] will be void as to you, but you will still be bound by the prior arbitration agreement that you accepted. For clarity, please note that this is not an opt out of arbitration altogether.
The terms of the arbitration provisions contained in Sections [18] and [19] herein will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of the NFL to the extent that any such claims arise out of your access to or use of the Services or the provision of content or technology on or through the Services.
18.5 Additional Procedures for Mass Filings.
(a) If your claim is one of twenty-five (25) or more similar claims intended to be asserted against the NFL by the same or coordinated counsel or are otherwise coordinated, consistent with the definition of Mass Arbitration set forth in the AAA Rules, you and we understand and agree that these Additional Procedures for Mass Filings will apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the mass filing.
The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.
Stage One. Counsel for the claimants and counsel for the NFL will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of the first staged process ("Stage One"). Absent agreement of the parties, no more than five (5) Stage One cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and the NFL will pay the mediation fee.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the NFL will again each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process ("Stage Two"), subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Absent agreement of the parties, no more than five (5) Stage Two cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and the NFL will pay the mediation fee.
(b) Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either
- Option One. You or the NFL may opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction in New York County, New York consistent with the terms of this Agreement. For purposes of this Option One, you may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to the NFL via email at NFLLegalNotice@nfl.com within thirty (30) days after the conclusion of the second global mediation session. For purposes of this Option One, the NFL may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR
- Option Two. If neither you nor the NFL elect to have your claim heard consistent with Option One above, then you agree that your claim will be resolved through continuing staged proceedings as set forth in this Option Two. If after the expiration of the NFL's opt-out period, the number of remaining claims exceeds two hundred (200), then two hundred (200) claims will be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitrations as part of a staged process. Absent agreement of the parties, no more than ten (10) cases in any set of two hundred (200) cases will be assigned to a single arbitrator. If the number of remaining claims is fewer than two hundred (200), then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until such remaining claims are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process will repeat consistent the parameters in this Option Two. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
(c) Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
(d) You and the NFL agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and the NFL acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of claims.
(e) A court of competent jurisdiction in New York County, New York will have the authority to enforce these Additional Procedures for Mass Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these Additional Procedures for Mass Filings apply to your claim, and a court of competent jurisdiction in New York County, New York determines they are not enforceable as to your claim, the mandatory arbitration provisions of this Agreement, including the Additional Procedures for Mass Filings, are non-severable from one another and therefore your claim then must proceed in a court of competent jurisdiction in New York County, New York consistent with the terms of this Agreement.
19. Mandatory Pre-Dispute Resolution Process
19.1 To the maximum extent permitted by law, you and the NFL permanently and irrevocably waive the right to bring any claim in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The NFL's address for Notice is: Attn: Legal Department, National Football League, 345 Park Avenue, New York, NY 10154. The written notice (a "Notice of Dispute") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
19.2 Before initiating a proceeding in arbitration or small claims court, you or the NFL must provide a Notice of Dispute that is personally signed by you (if you are initiating the Notice of Dispute) or by an NFL representative (if we are initiating the Notice of Dispute). The NFL must send any such Notice of Dispute to you at the contact information the NFL has on file for you via email. The NFL and you will attempt to resolve the dispute through informal negotiation within 60 days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties).
19.3 The NFL and you will use reasonable, good faith efforts to resolve the dispute through consultation, cooperation, and good faith negotiations. If the party receiving the Notice of Dispute requests a telephonic settlement conference as part of this informal process, you and the NFL agree to participate in an effort to resolve the dispute. Should the NFL make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the NFL agrees to have a representative attend this conference (with counsel, if the NFL is represented). Neither you nor the NFL may initiate an arbitration proceeding before the conclusion of the sixty (60) day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section [19.3] (collectively, the "Mandatory Pre-Dispute Resolution Process"). You agree that you or the NFL may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, as necessary to protect their rights or property (including intellectual property rights) pending completion of the Mandatory Pre-Dispute Resolution Process.
19.4 If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in New York County, New York at either party's election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and the NFL engage in the Mandatory Pre-Dispute Resolution Process.
20. United States Jurisdiction
The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some cases, will be available) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
21. Severability and Integration
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.
22. No Waiver
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
23. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including economic loss, injury, illness, or death.
24. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
25. Interpretation
For purposes of this Agreement, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive (e.g., for a list of two alternatives, "or" means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (d) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections and schedules mean the sections of, the schedules referenced and this Agreement; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.
26. Headings
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
27. Termination
We reserve the right, in our sole discretion, to terminate this Agreement, any licenses herein or your access to all or part of the Services, with or without notice and with or without cause, at any time. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we may be granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in User Content is perpetual, termination of this Agreement does not terminate our license to use User Content as described elsewhere in this Agreement.
28. Notices
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by conventional mail or to NFL Support. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
29. Notice to California Consumers
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
30. Violations
Please report any violations of this Agreement NFL Support.
31. Third-Party Beneficiaries
Except as expressly stated in this Agreement, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you. You acknowledge and agree that our member professional football clubs other members of the NFL Family are each third-party beneficiaries of this Agreement, including with respect to your obligations hereunder and any disclosure made hereunder to (or acknowledgements made by) you. Upon your acceptance of this Agreement, our member professional football clubs and other members of the NFL Family will each have the right (and you will be deemed to have accepted their right) to enforce this Agreement against you as third-party beneficiaries hereof.
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