3. Use of the Properties. Use of and access to the Properties is void where prohibited. 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. The content and information posted by us on the Properties may be used only for informational, personal or other purposes authorized by us.
5. Fan Cash. “Fan Cash” is a form of merchandise credit redeemable only toward future purchases on the Properties. To earn and redeem Fan Cash, you must create and maintain a customer account registered with a valid email address. When you login to your account, you may view your Fan Cash balance, which will be applied automatically toward the next purchase you make. Unless required by law, Fan Cash is not redeemable for cash, and cannot be transferred, sold or distributed to others. Fan Cash expires if you do not complete a purchase through your account after 12 or more months. We reserve the right to discontinue Fan Cash or modify the terms applicable to Fan Cash at any time. Fan Cash is a registered trademark of Fanatics.
9. 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. The Fanatics name, logos, taglines, icons and marks are the exclusive property of Fanatics, 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.
12. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with copyright and related laws, and we require all users of the Properties to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Properties in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message or other content is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Properties in a way that constitutes copyright infringement, please provide our designated agent with the following information:
Our designated agent for notice of claims of copyright infringement can be reached as follows:
5245 Commonwealth Avenue
Jacksonville, FL 32254
Attn: Legal Department
15. Disclaimer of Warranties. Your use of the Properties is at your sole risk. The content and information posted on the Properties, and the products and services accessible or available through the properties, are made available to you “as is” without warranties or representations of any kind. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. THE FANATICS PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE PROPERTIES.
16. 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FANATICS PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; or (II) $10.00.
17. 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. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE PROPERTIES, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. 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. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE PROPERTIES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE.
18. United States (“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.
20. Arbitration/No Class Action. Except where prohibited by law, as a condition of using the Properties, you agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Properties, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf to prevent the arbitration from being cost-prohibitive. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, County of Duval, or the United States District Court for the Northern District of Florida. The parties agree that 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 Florida, County of Duval, or the United States District Court for the Northern District of Florida. You agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.
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