Arizona Cardinals Online Terms & Conditions
Revised May 23, 2022
These Online Terms & Conditions (this "Agreement") govern your use of azcardinals.com (the "Site"), the various online offerings provided by Arizona Cardinals Football Club LLC (hereinafter, "us" or "we") on the Site, and the Arizona Cardinals mobile app (together referred to in this Agreement as the "Services").
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between this Agreement and the additional terms, the additional terms will control for that conflict.
Your use of the Services constitutes your acceptance of the Agreement. If you are under the age of 18 (or the age of majority under applicable local law), you and your parent or guardian must review this Agreement together, and your parent or guardian must agree to the terms of this Agreement on your behalf. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Services. Your acceptance of the Agreement provides you with a limited, nonexclusive, nontransferable, non-sublicensable, and temporary license and permission to access and use the Services subject to your compliance with this Agreement, which license and permission we may revoke at any time, as described below. By using the Services, you represent and warrant that you are over the age of 18 (or the age of majority under applicable local law), or that your parent or legal guardian has accepted and agreed to this Agreement.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided by us on the Services, including, without limitation, such content that may originate from our social media accounts, and the selection, coordination, and arrangement of such content, to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the 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.
You may use the Services and the contents contained in 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. Trade and Service Mark Rights
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the Arizona Cardinals, 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. 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.
3. Modification of This Agreement
We reserve the right to amend this Agreement at any time by posting an updated version and providing you with notice of the update, such as by updating the revision date at the top of this Agreement. 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.
4. 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.
5. Registration, Username, Password, Security
(a) Registration. Registration may be required for certain portions of the Services. You must provide accurate registration information and promptly update this information if it changes. We will not grant any user access to any registration-required portions of the Services unless he or she has 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 will be your identity for purposes of interacting with the portions of the Services that require registration, if any, 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, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of 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 us by e-mail at askquestions@cardinals.nfl.net. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
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 web site 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 consistent with this Agreement and any other rules or restrictions provided to you in connection with the Modular Content. You may only use Modular Content to the extent expressly authorized by us in each case.
By using Modular Content or incorporating it within or associating it with a web site 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; 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, without limitation, 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 or third-party properties used to host or integrate the 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 web site 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 web sites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, 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 other than pursuant to this Agreement and any additional terms we provide that apply to your use of the Modular Content, or between us and any third party..
7. Shop.azcardinals.com
Shop.azcardinals.com (the "Store") allows you to order products (the "Merchandise") supplied and managed by an independent merchandise vendor, Fanatics. By placing an order in the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Fanatics can be reached by phone at 1-877-342-4947.Please review the separate Fanatics terms of use and privacy policy applicable to the store.
8. Links
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 of the Linked Services, including, without limitation, 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. We may allow third parties to make available their services, software, technology, data, and/or other content, either independently on the Services, or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to privacy notices and terms of use as may be set forth by third-party providers, as applicable. We do not control or endorse, and make no representations or warranties regarding, any third-party materials, and your access to and use of such third-party materials is at your own risk. You agree that we assume no liability with respect to your use of such third-party materials.
You may link to the home page of the Services without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Services, you must obtain our express written permission. To seek our permission, you may write to askquestions@cardinals.nfl.net. If you provide a third-party website that links to the Site, you: (a) shall not create a frame, browser or border environment around any of the content of the Site; (b) may not replicate Site content on your website; (c) shall not imply that we endorse or sponsor your website or any of its products or services; (d) shall not present false information about us, the Site or any of our products or services; (e) shall not use any of our Trademarks without our express prior written permission; and (f) shall not include any content that could be construed by us as distasteful, offensive or controversial (as we may determine in our sole discretion). Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Site from any website, and to require termination of any link to the Site, for any or no 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 content under this Agreement. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
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 such further limitations as may be set forth in any written or on-screen 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 us, including in 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
1. 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 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 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, 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;
(h) advocates illegal activity or discusses illegal activities with the intent to commit them; or
(i) otherwise restricts any person from using the Services, or in our sole judgment, exposes us, users, or any other third party to liability, damages or detriment of any type.
2. You further agree not to:
(a) 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 the Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, 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) gamble or wager on the result of any gaming features provided on or through the Services, and from using the Services to gamble or wager on the result of any NFL game in violation of law.
(h) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(i) 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.
3. You further agree not to violate or attempt to violate the security of the Services, including, without limitation:
(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 our systems or networks or to breach security or authentication measures without proper authorization from us;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions and/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.
Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. If we believe that you have violated the prohibitions in this section, we may immediately terminate your access to the Services, with or without notice to you. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
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 on the Services. When your account is used to submit, post, or add content to the Services (collectively, "User Content"), you agree to 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, We do not claim ownership of User Content (expressly excluding any content created by you based on existing content we own or license (e.g., through a mash-up offering), which we retain full ownership of). 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 (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display 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, but not limited to, developing, manufacturing and marketing products using User Content. We are under no obligation to maintain any User Content and may remove any 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 User Content, and that use of 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 or her User Content and any legal liability that he or she may incur. To learn more about parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting your minor's access to certain content, visit https://www.fbi.gov/resources/parents.
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.
When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username, or profile photo associated with the social media account you use to post comments) may be visible to others.
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 not obligated to monitor them.
You may also voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as nonconfidential.
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 emailing askquestions@cardinals.nfl.net. 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. Notice and Procedure for Making Claims of Copyright or Trademark Infringement
We reserve the right to remove any content from the Services for any reason, including if it infringes the intellectual property rights of any person under the Digital Millennium Copyright Act ("DMCA") and other applicable law. Under the appropriate circumstances, we will, and expressly reserve the right to, disable and/or terminate the accounts of users who are repeat infringers.
NOTICES OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide our Designated Agent with a written communication in accordance with 17 U.S.C. § 512(c)(3) and containing the information set forth below:
(a) Identification of the copyrighted work claimed to have been infringed. We ask 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. We ask 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 we 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 you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to our Designated Agent as follows:
Arizona Cardinals Football Club LLC
8701 South Hardy Drive
Tempe, AZ 85284
Attention: General Counsel
(602) 379-0101
dmcaagent@cardinals.nfl.net (Please include "Copyright Notice of Infringement" in the subject line).
Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying us that your copyrighted material may have been infringed. Only notices of copyright infringement that meet the requirements of this section 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. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.
NOTICES OF TRADEMARK INFRINGEMENT
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 (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, symbol, or phrase 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 and/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:
(1) 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;
(2) The information in your notice is accurate to the best of your knowledge and belief;
(3) Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
(4) 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:
Arizona Cardinals Football Club LLC
8701 South Hardy Drive
Tempe, AZ 85284
Attention: General Counsel
(602) 379-0101
dmcaagent@cardinals.nfl.net (Please include "Trademark Notice of Infringement" in the subject line).
Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying us 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 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
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
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 SERVICES, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES 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, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
16. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEB SITE LINKED TO OR FROM THE SERVICES, 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 SERVICES) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICES, 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 CHANGES.
THE LIMITATIONS IN THIS SECTION 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 UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION.
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 and expenses, including reasonable attorneys' fees, made by 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 our prior written consent. These obligations will survive any termination of this Agreement.
18. Choice of Law; Arbitration and Class Action Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, 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.
With respect to any and all disputes arising out of or relating to the Services or this Agreement (including without limitation the Privacy Policy), you and the Cardinals agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and the Cardinals do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE CARDINALS 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.
All disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Cardinals may seek any interim or preliminary relief from a court of competent jurisdiction in Arizona necessary to protect its rights or property pending the completion of arbitration.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Cardinals with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
19. United States Jurisdiction
The Services are operated in the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) 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 your compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
20. Severability and Integration
This Agreement constitutes the entire agreement between you and us relating to your access and use of the Services 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.
21. 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 its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
22. 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 but not limited to economic loss, injury, illness or death.
23. 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.
24. Termination
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. 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 are 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.
25. Notices
At our option, we may give notices to users of the Services by posting a message on the Services by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to askquestions@cardinals.nfl.net (other than infringement notices, which shall be given as described above). Notices to us by conventional mail must be sent to: Arizona Cardinals, PO Box 888, Phoenix, AZ 85001, Attn: Website / General Counsel. 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.
26. 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 (916) 445-1254 or (800) 952-5210.
27. Violations
Please report any violations of this Agreement to askquestions@cardinals.nfl.net.