Terms of Use

Terms and Conditions

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-866-687-3305, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7587 OUTSIDE THE UNITED STATES).

TERMS OF USE AGREEMENT

The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of this website, including the mobile version, if applicable (collectively, the "Website"). The Website is operated by Fanatics, Inc. ("Fanatics"), a Delaware corporation, or one of its subsidiaries or affiliates (the "Fanatics Entities") on behalf of Fanatics Retail Group and/or its affiliated entities ("Partner Entities"). When used herein, the terms "we," "us" or "our" include Fanatics, the Fanatics Entities and the Partner Entities.

Your use of the Website (and any other feature, content or application offered by the Website) is at all times subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully. If you are dissatisfied with these Terms of Use or the Website or any material on the Website, your sole and exclusive remedy is to discontinue using the Website.

1. Acceptance of Terms of Use.

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. FOR EXAMPLE, SECTION 18 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. Notwithstanding the foregoing the the extent we believe you violated or may violate our intellectual property rights or believe we need to otherwise enforce our rights under applicable law, we may seek injunctive or other appropriate relief in any state or federal court. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE. These Terms of Use may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms of Use, we will notify you through a notice, updated Terms of Use on the Website or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Website, you should check the date of the Terms of Use and be aware of any changes since the last version. Your continued use of the Website following the posting of any changes to these Terms of Use means that you accept such changes. Your access to and use of the Website will be governed by the Terms of Use in effect at the time of such access or use.

2. Other Sources of Terms and Conditions; Promotions and Coupons.

In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Website ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms"). If there is a conflict between these Terms of Use and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For example, if you seek to redeem a coupon code on the Website, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Terms of Use. If an Offer does not contain Offer Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the website identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using an Offer, you indicate your acceptance of all applicable terms and conditions, including these Terms of Use and the Offer Terms, if applicable. Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer.

3. Use of the Website.

The content and information posted by us on the Website may be used only for informational, personal or other purposes authorized by us. By accessing and using the Website, 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 Website does not violate any applicable law, rule or regulation. The Website is intended for use by residents of the United States ("U.S.") or non-residents that agree to use the Website in accordance with U.S. laws, these Terms of Use and the Privacy Policy. By using the Website, you further represent and warrant that you meet these residency requirements. Use of and access to the Website is void where prohibited.

4. Unauthorized Use.

You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Website and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:

• Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Website without our prior written consent;
• Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
• Using a framing or similar technique without our prior written permission;
• Creating or maintaining any link from another website to any page on the Website without our prior written permission;
• Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• Covering or obscuring the banner advertisements on the Website, if any, via HTML/CSS or any other means;
• Any automated use of any system, such as using scripts to alter content;
• Interfering with, disrupting, or burdening the Properties or the networks, systems or services connected to the Properties;
• Using any automated system or software to extract data from the Properties for commercial purposes (including "screen scraping");
• Attempting to impersonate another user or person at checkout or otherwise;
• Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
• Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
• Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
• Attempting to include any of the following in merchandise that is offered for sale through the Website and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party's authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
• Using the Website in a manner inconsistent with any applicable law, rule or regulation.

5. FanCash.

FanCash is a loyalty discount redeemable only toward future purchases on the Properties or, at our discretion, certain other websites operated by us or one of our affiliates. No consideration is required from you to obtain FanCash but in order to obtain FanCash, you must create and maintain a customer account registered with a valid email address and check out while logged into that account on one of the websites, which is then offering FanCash. To earn and redeem FanCash you must create and maintain a customer account registered with a valid email address. When you login to your account, you may view your FanCash balance, which will be applied automatically toward the next purchase you make. Unless required by law, FanCash is not redeemable for cash, and cannot be transferred, sold or distributed to others. FanCash expires as follows: FanCash expires at 11:59 PM EST 12/31 of the year in which it was earned, unless otherwise specified at the time of earning. We reserve the right to discontinue FanCash or modify the terms applicable to FanCash at any time. FanCash is a registered trademark of Fanatics.

6. Links to Third Party Sites; Advertisers.

The Website may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 9 below ("Third Party Sites"). We have no control over, and do not necessarily endorse, any Third Party Site's services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

7. Privacy Policy.

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.

8. Products, Content and Specifications.

The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time or that the displayed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. Further, we do not endorse, and have not verified, the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to, customers, manufacturers, distributors or suppliers of products and services sold through the Website. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

9. Property; Intellectual Property.

All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Website are the exclusive property of Fanatics, the Fanatics Entities or the Partner Entities, 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 Website is the property of its respective owner. We reserve all rights not expressly granted in and to the Website's content and services.

10. User-Generated Content.

Users may be able to post content in certain areas on the Website or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Website or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth in this Section 9; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Website does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Website. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

11. Termination of Access and/or Account.

We may limit, suspend, or terminate your access to the Website or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on alleged or actual illegal activities, including your identity, to the proper authorities.

12. Term.

These Terms of Use shall remain in full force and effect while you use or access the Website or have an account with the Website. See our Privacy Policy for instructions on how to modify or delete your account. Sections 2, 6 and 11-20, together with all other terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

13. Indemnity.

You agree to defend, indemnify and hold Fanatics, the Fanatics Entities, the Partner Entities, their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees (the "Website Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material, including User Content, that you have submitted or transmitted to the Website or to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; and/or (3) your activities or omissions in connection with the Website

14. DISCLAIMER OF WARRANTIES.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE WEBSITE IS MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. This disclaimer constitutes an essential part of these terms.

15. LIMITATION ON LIABILITY.

IN NO EVENT SHALL THE EITHER THE FANATICS ENTITIES OR THE PARTNER ENTITES 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 WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Third Party Transactions.

Through your use of the Website, 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 that you will look solely to such third party to enforce any of your rights In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

17. U.S. Export Controls.

Software made available to you by the Website (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

18. Governing Law.

These Terms of Use and your use of the Website will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Website.

19. Arbitration/No Class Action.

As a condition of using the Website, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Website (except for small claims court Claims, if applicable), shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.

20. Miscellaneous.

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be illegal, invalid, void or for any reason unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall be unaffected and shall continue to be fully valid, binding and enforceable. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Website), constitute the entire understanding between you and us.

21. Contact Information.

Fanatics Retail Group, 8100 Nations Way, Jacksonville, FL 32256.

These Terms of Use are effective as of, and were last updated on, November 14, 2016.