IMPORTANT NOTICE: THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT AND IS SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS, AGREEMENT TO ARBITRATE AND WAIVER OF THE RIGHT TO A JURY TRIAL AS DETAILED IN THE “ARIBITRATION, CLASS ACTION AND JURY TRIAL WAIVER; CONSENT TO ILLINOIS JURISDICTION; ATTORNEYS’ FEES” SECTION BELOW.
Stadium reserves the right to make changes at any time to the Stadium Properties (defined below) and this Agreement. Any modifications to this Agreement will be effective upon posting. Your continued use of the Stadium Properties following posting of any revised Agreement will constitute acceptance of the modified Agreement.
TABLE OF CONTENTS
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
- Special Terms and Conditions Applicable to Sales of Products and Services
- Price Modifications; Product Availability
- Purchasing; Price; Payment
- Shipment; Delivery
- Sales Tax
- Votes, Contests, Sweepstakes
- Special Provisions Applicable to the Downloadable Applications
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law
- Arbitration; Class Action and Jury Trial Waiver; Consent to Illinois Jurisdiction; Attorneys’ Fees
- Notice for California Consumers
- INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
120 Sports, LLC, doing business as Stadium (“Stadium”), is the organization that produces the Official Website of Stadium (this “Website”), the Official Mobile App of Stadium (the “Mobile App”) and other Stadium-branded downloadable applications. Use of the Website, Mobile App, other Stadium-branded downloadable applications and all products and services provided and/or distributed (whether via the Website, Mobile App, other downloadable applications or otherwise) by Stadium are subject to this Agreement. The Mobile App and other Stadium-branded downloadable applications will be referred to herein collectively as the “Downloadable Applications” and individually as a “Downloadable Application.” The Website, the Downloadable Applications and all services, materials and features contained in the Website, the Downloadable Applications and/or otherwise accessible via other Stadium-controlled products or services or Stadium-operated interactive media locations, will be referred to herein collectively as the “Stadium Properties” and individually as a “Stadium Property.” By using the Stadium Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Stadium Properties.
Except for Submitted Content (defined below), the Stadium Properties are either owned by or licensed to Stadium. The applicable owners and licensors retain all rights to the Stadium Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Stadium Properties on any single computer, or mobile or other device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Stadium Properties without first obtaining the written permission of Stadium or otherwise as expressly set forth in the terms and conditions of the applicable Stadium Properties. The Stadium Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the Stadium Properties. By using the Stadium Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
While Stadium will use commercially reasonable efforts to make sure that any information contained in the Stadium Properties is correct, and correct any information which is found to be incorrect, Stadium does not warrant or guarantee that the information, descriptions or other content of the Stadium Properties are accurate, complete, reliable, current, or error-free. All information contained in the Stadium Properties are subject to change at any time, without notice to you.
You must not use the Stadium Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Stadium or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts the Stadium Properties, imposes an unreasonable or disproportionately large load on the Stadium Properties’ infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying or the Stadium Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects Stadium business or is otherwise objectionable in Stadium’s sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management or employees of any sports team or any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another’s information, account, password, service or system except as expressly permitted, or interfere, in any way, with others’ use of or access to the Stadium Properties; (xi) circumvent or attempt to circumvent any security technology or software that is part of the Stadium Properties infrastructure; (xii) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xiii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below) or (xiv) take any other action in connection with your use of the Stadium Properties which violates any treaty, law or regulation or fails to fully comply with all applicable laws and regulations in your use of the Stadium Properties.
In addition, you further agree that you will not use any “robot,” “spider” or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Stadium Properties (except that we grant the operators of public search engines revocable permission to use “spiders” to copy materials from the Stadium Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Third party text, photo, graphic, audio and/or video material, including that provided by Associated Press (“AP”) (collectively, the “Third Party Materials”), contained on or incorporated in the Stadium Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider, including without limitation AP, will be held liable in any way to any user of the Stadium Properties or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Stadium has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Stadium Properties (the “Designated Agent”). All such notifications relating to the Stadium Properties must be a written communication and must include the following information:
- 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 site are covered by a single notification, a representative list of such works at that site.
- 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 Stadium to locate the material.
- Information reasonably sufficient to permit Stadium to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- 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.
- 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.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Stadium’s Designated Agent as follows:
Service Provider: 120 Sports, LLC, doing business as Stadium
Full Address of Designated Agent to Which Notification Should Be Sent:
122 North Aberdeen
Chicago, Illinois 60607
E-mail Address of Designated Agent: email@example.com
- COMMUNITY FEATURES
Stadium and its various third-party service or product providers (collectively, the “Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although Stadium and its Vendors reserve the right to do so, and neither Stadium nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Stadium or between you and Stadium’s Vendors other than as expressly set forth in this Agreement. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Stadium under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Stadium determines, in Stadium’s sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, Stadium reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Community Features and/or the Stadium Properties; and/or (d) use any technological, legal, operational or other means available to Stadium to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Community Features or on the Stadium Properties.
You are solely responsible for your interactions with other users of the Stadium Properties, including any interactions that take place off of the Stadium Properties. If and to the extent we make available Community Features, we will also try to make available various features (e.g., “Report Violation” or “Report any abuse or spam” ) of certain Community Features which you may use to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Stadium a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, publish, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
The foregoing provisions and other prohibitions set forth in this Agreement are also applicable to other users of the Stadium Properties. Despite this, Submitted Content provided by other users may, in whole or in part, be unauthorized, inappropriate, impermissible or otherwise violate this Agreement. Moreover, Stadium cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. Accordingly, Stadium does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of users. Any information or materials placed on the Stadium Properties by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of Stadium. While Stadium reserves the right to remove or edit any Submitted Content, Stadium does not, and has no obligation to, monitor or review forums, chat rooms or Submitted Content otherwise posted or transmitted by users and, regardless of any monitoring that Stadium may undertake, it takes no responsibility and assumes no liability for, any Submitted Content posted by you or any other user.
- SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES
Via certain Stadium Properties, we may make available means by which you can subscribe to, download or order audio, video and audiovisual content, fantasy and other games and other products and services. In addition, we may make available means by which you can buy Stadium products and services from locations other than the Stadium Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, “Third Party Sales Locations”). All Stadium products and services which you can subscribe to, download or purchase through the Stadium Properties or Third Party Sales Locations are herein referred to as “Products” and all such transactions (whether by subscription, download, license or sale of tangible property) are sometimes referred to herein as “sales” or “purchases.”
By placing an order through the Stadium Properties, you warrant that you are:
- legally capable of entering into binding contracts;
- at least 18 years old or, if different, the age of majority in the applicable jurisdiction; and
- providing a valid address for delivery of the products.
While Stadium will use commercially reasonable efforts to make sure that all information relating to the Products contained on the Stadium Properties is correct, and correct any information which is found to be incorrect, Stadium does not warrant or guarantee that the descriptions, prices, and ticket and product or service availability information are accurate, complete, reliable, current, or error-free. All descriptions, prices, and ticket and product or service availability are subject to change at any time, without notice to you. And, the inclusion of any products or services on the Stadium Properties at a particular time does not imply or warrant that these products or services will be available at any time.
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. STADIUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STADIUM PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS.
The Products which may be offered via the Stadium Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
- Price Modifications; Product Availability
Stadium reserves the right to modify the price of any Products offered via the Stadium Properties. Stadium is not responsible for any error in copy or images relating to Products offered via the Stadium Properties. Any offer to sell any Products offered via the Stadium Properties, may be discontinued at any time in Stadium’s sole discretion.
The Products which may be offered via the Stadium Properties may be subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
- Purchasing; Price; Payment
By purchasing any the Stadium Properties or any other products offered via the Stadium Properties, you acknowledge and agree that your credit card is being charged by the payment processor of Stadium or its Vendor, the provider or operator of such Product. For purposes of this Agreement, such payment processor will also be included in the term “Vendor.” Your ability to purchase Products which may be offered via the Stadium Properties is subject to limits established by your credit card issuer. You must notify Stadium 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 the Stadium Properties or any other applicable products which may be offered via the Stadium Properties, you authorize Stadium to charge such card on the periodic basis as specified (e.g., once per month for monthly for subscribed for Products) or at the time the Products offered via the Stadium Properties are ordered or shipped, as applicable, in the amount described on the applicable Product purchase path(s).
- Shipment; Delivery
To the extent applicable to the sale of Products, all delivery dates listed on the Stadium Properties are estimates. All shipments are made pursuant to a shipment contract with an independent carrier not affiliated with, or controlled by, Stadium or its Vendors. As a result, neither Stadium nor its Vendors can be held accountable for the delivery service. Risk of loss and title for items purchased from the Stadium 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.
- Sales Tax
For certain purchases of Products made via the Stadium and/or Vendor-operated Stadium Properties, Stadium is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by Stadium. The amount of sales tax, if any, will be shown either prior to the completion of any purchase or reflected in the confirmation of your purchase sent to the email address you provided.
For Oklahoma purchasers, applicable use tax on purchases made via the Stadium Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the Stadium Properties may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, dor.sd.gov.
- VOTES; CONTESTS; SWEEPSTAKES
This Website and other Stadium Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on the applicable Stadium Properties applicable to the event as well as the terms of this Agreement.
Participation in any sweepstakes or contest is void where prohibited by law. In any event, all sweepstakes and contests are subject to specific rules (“Rules”), and, prior to participating, you should carefully read such Rules. The Rules governing a sweepstakes or contest will specify its sponsor. Where sweepstakes, contests or other promotions are operated, sponsored or hosted by our sponsors or advertisers (or other third parties), such sponsor or advertiser (or other third party) is solely responsible for the sweepstakes or contest, and Stadium shall not have any responsibility or liability with respect to any sweepstakes or contest. Stadium will only have responsibility in connection with a sweepstakes or contents if it is explicitly stated that it is the sponsor in the Rules.
Stadium disclaims responsibility for any technical problems or malfunction in connection with any sweepstakes or contests accessible through the Stadium Properties, regardless of its sponsor, including those resulting from any outage of telephone network or lines, servers, traffic congestion on the internet or at the Stadium Properties.
- SPECIAL PROVISIONS APPLICABLE TO DOWNLOADABLE APPLICATIONS
Any Downloadable Application installed from the Apple App Store, Google Play Store, or other third party app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store, Google Play or other third party app store. The following terms are required by Apple and are applicable if you install any Downloadable Application from the Apple App Store. Stadium, not Apple, is responsible for:
- The content in the Downloadable Applications;
- Maintenance or support of the Downloadable Applications;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the Downloadable Applications or products, services or features accessible therefrom , including, but not limited to: (a) product liability claims; (b) any claim that any Downloadable Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and
- The investigation, defense, settlement and discharge of any third party claim that any Downloadable Application or your possession and use of that Downloadable Application infringes a third party’s intellectual property rights.
In addition, if you install any Downloadable Application from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and you will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- DISCLAIMER OF WARRANTIES
- USE OF THE STADIUM PROPERTIES, AND THE PRODUCTS, SERVICES AND FEATURES INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGE OR INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY STADIUM AND/OR THE APPLICABLE VENDOR, THE STADIUM PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS, SERVICES AND FEATURES THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- STADIUM DOES NOT WARRANT THAT: (A) THE STADIUM PROPERTIES OR ANY PRODUCTS, SERVICES OR FEATURES THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE; (B) DEFECTS OR ERRORS IN THE STADIUM PROPERTIES, THE PRODUCTS, SERVICES AND FEATURES THEREIN WILL BE CORRECTED; (C) THE STADIUM PROPERTIES, AND THE PRODUCTS, SERVICES OR FEATURES THEREIN, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) ANY INFORMATION CONTAINED IN THE STADIUM PROPERTIES, OR THE PRODUCTS, SERVICES OR FEATURES THEREIN, WILL BE ACCURATE OR RELIABLE.
- LIMITATIONS ON LIABILITY
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE STADIUM PROPERTIES OR ANY ACT OR FAILURE TO ACT BY STADIUM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THE STADIUM PROPERTIES.
- IN NO EVENT SHALL STADIUM BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS.
- IN NO EVENT SHALL STADIUM OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE STADIUM PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STADIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF STADIUM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF STADIUM OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE STADIUM PROPERTIES IS $50.
- IN NO EVENT SHALL STADIUM BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE STADIUM PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold Stadium harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Stadium Properties or the Products purchased via the Stadium Properties; or (B) any alleged breach of this Agreement by you.
Stadium may change, suspend or discontinue any aspect of the Stadium Properties at any time, including the availability of any Product, service, feature, database or content. Stadium may also impose limits on certain such Products, services and features or restrict your access to parts, or the entirety, of the Stadium Properties without notice or liability at any time in Stadium’s exclusive discretion, without prejudice to any legal or equitable remedies available to Stadium, for any reason or purpose, including, but not limited to, conduct that Stadium believes violates this Agreement or other policies or guidelines posted on the Stadium Properties or conduct which Stadium believes is harmful to other customers, to Stadium’s business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Stadium in its sole discretion. In addition and without prejudice to any other remedy available to Stadium, Stadium may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Stadium in the Stadium Properties.
- CHOICE OF LAW
Except for the arbitration undertaking provided for in Section 13 below, this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Illinois applicable to contracts entered into and performed exclusively in that State.
- ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER; CONSENT TO ILLINOIS JURISDICTION; ATTORNEYS’ FEES
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Stadium Properties (including all commercial transactions conducted through the Stadium Properties) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, to the extent not prohibited by applicable law that cannot be waived, you and Stadium waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Chicago, Illinois, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
- Subject to the limitations set forth below in this Section 13.2, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Illinois, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be brought on behalf of or as part of any purported class, or consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Stadium agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Chicago, Illinois (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 Stadium waive any and all rights to trial by jury with respect to any Claims; and (c) you and Stadium agree that any such Claims will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, or consolidated, or representative proceeding.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 13 (except as permitted in Section 13.1), or initiates a proceeding involving a Claim under Section 13.3 other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Stadium Properties or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Although we are pleased to hear from you and welcome your comments regarding the Stadium Properties, unfortunately, we do not accept or consider unsolicited suggestions of creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Suggestions“). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by Stadium, its affiliates, or business associates or partners might appear to be similar to your Suggestion(s). Accordingly, we must ask that you do not send us any unsolicited Suggestions, we assume no responsibility for reviewing such Suggestions and we will not incur any liability as a result of any similarities between your Suggestions and any future products or services we may provide. In the event you do submit unsolicited Suggestions, such Suggestions shall be deemed, and shall remain, the property of Stadium. The submission of any unsolicited Suggestion shall constitute a grant by you to Stadium of a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Suggestions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others. This means that any Suggestions submitted by you to or through the Stadium Properties may be used by Stadium for any purpose, now or in the future, without any payment to, or further authorization by, you. Stadium also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Suggestions.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Stadium in its sole discretion may amend this Agreement, and your use of the Stadium Properties after such amendment is posted on the Stadium Properties will constitute acceptance of it by you. Sections 3, 8, 9, 10, 12, 13 and 15 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THE STADIUM PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use the Stadium Properties. Stadium may change the terms of this Agreement at any time, and your use of the Stadium Properties after such changes are posted will mean that you accept them.
- NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the Stadium Properties 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 (916) 445-1254 or (800) 952-5210.
LAST UPDATED: JULY 1, 2017