EFFECTIVE DATE: JUNE 7, 2023
We reserve the right to modify, alter, or update these Terms at any time and in our sole discretion. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of any Sites after the posting of such modifications constitutes your acceptance of such modifications. You may not amend these Terms. You are encouraged to check this page regularly for changes to the Terms.
SERVICE DESCRIPTION AND OWNERSHIP
Our Sites provide information about facilities and events, our Sites, our Company, our partners and sponsors, or other information we think would be of interest to you. The content and materials contained within the Sites, including but not limited to design, graphics, interfaces, video, audio, photos, text, images, statistics, scores, logos, the selection and arrangements thereof, and all source code or software comprising the Sites and other intellectual property related to the Company, are either owned by the Company, with all rights reserved, or licensed, controlled, and/or entitled to use by us (collectively, "Content"). This Content is protected by the intellectual property rights of the Company or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered.
All names, trademarks, logos, service marks, and other proprietary materials depicted on the Sites (collectively, "Intellectual Property") are Intellectual Property of their respective owners and constitute neither an endorsement nor recommendation of such parties. In addition, such use of Intellectual Property is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company. Nothing contained on the Sites should be construed as granting any license or right to use any Intellectual Property shown on the Sites without the respective owner's written permission. You may not use any Company Intellectual Property without our written permission. The look and feel of the Sites, including page headers, graphics, button icons, and scripts, are the Company's service mark, trademark, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Images of people or places displayed on the Sites are either the Company's property or used with permission. You, or anyone else authorized by you, may not use these images unless specifically permitted by these Terms or elsewhere on the Sites or with our written permission. Any unauthorized use of images may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe on third party rights.
To the extent new Content, services, or features are added to our Sites in the future, your use thereof is subject to these Terms.
Registration Data: If you create an account while using the Sites or otherwise opt in to register for any portion of the Sites (including, but not limited to, mobile alerts and other mobile entertainment content, such as news, scores, videos, and other information or data via SMS, MMS, WAP, BREW, and other means of mobile content delivery to certain compatible mobile devices (together, the "Mobile Service")), you agree to provide, maintain, and promptly update true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"). If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Sites or your account. You further agree that we are authorized to verify Registration Data.
You acknowledge and agree that we may rely on Registration Data to send you important information and notices regarding your account and the Sites. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see the section entitled "Mobile Content & Text Messaging Campaigns."
- Access Without Registration: The Sites may provide you with access to some products and services without you having to register as a user. In each such case your identification is based on means of identification that we deem appropriate.
THIRD-PARTY SERVICES AND CONTENT
Our Sites may link or otherwise provide access to third-party websites, products, and services that are outside of our control and/or include functionality powered by third parties outside of our control (collectively, "Third-Party Services"). Our Sites may also display third-party information and other content (collectively, "Third-Party Content"). Examples of such third parties include our partners and sponsors as well as ticketing services. Your use of Third-Party Services and Third-Party Content are not governed by these Terms. We make no representation or warranties of any kind regarding Third-Party Services or Third-Party Content. We do not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third-Party Services or Third-Party Content.
TERMINATION, MODIFICATIONS, AND INTERRUPTION TO THE SITES
We reserve the right to modify, suspend, or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We may update the content on our Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.
Upon termination of our agreement, you shall immediately discontinue your use of and access to the Sites and destroy all materials obtained from it.
As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of the United States or any other country.
PERMITTED USE OF THE CONTENT
Any use of Content on the Sites, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without our prior written permission. You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Sites, without the express consent of those third parties.
LINKS TO THE SITES
You are hereby licensed to create hyperlinks to Content on the Sites on non-commercial sites, provided that the hyperlink is added to a word or words, accurately describes the Content to which it links, and is spatially separated from and not otherwise associated with any commercial or other sponsored advertising, text, or graphics. If you include links to our Sites on your website, when the link is clicked, the applicable page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable digital service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by the Company. Trademarks, including logos, may not be used for hyperlinks without the Company's written permission. Under no circumstances may you "frame" or "mirror" all or any portion of the Sites or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
The Company may provide certain content, including, but not limited to, graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Sites ("Modular Content"). To the extent that the Company makes Modular Content available, you agree to use it responsibly and consistent with these Terms and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Sites, you agree not to: (i) obscure the Company's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, facilitate another party's assertion or implication of ownership or authorship of the Modular Content, or remove any trademark, copyright, or other proprietary notations on the Modular Content; (ii) excerpt or edit the Modular Content, except as specifically permitted by the Company; or (iii) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (b) 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; (c) 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; (d) contains, introduces, or may be associated with a computer virus, worm, time bomb, time lock, or any other malicious or harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact; (f) contains any information, software, or other material of a commercial nature; or (g) contains advertising, promotions, or commercial solicitations of any kind.
Although the Company is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, the Company may monitor the websites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if the Company or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any website 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 the Company has exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that the Company may implement and use protections to limit the websites 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 the Company may not specifically advise you of the existence or nature of these protections.
The Company provides Modular Content, if at all, on a voluntary basis. The Company expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
By viewing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of the Indemnification section of these Terms.
Notwithstanding any statement to the contrary by the Company or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and the Company, or between the Company and any third party, other than pursuant to these Terms.
VOTES, CONTESTS, AND SWEEPSTAKES
The Sites may offer you opportunities to vote in connection with certain events and promotional offers, and also to enter contests and sweepstakes. By casting a vote, accepting promotional offers, or entering contests or sweepstakes through the Sites or through a service that includes an authorized reference or link to these Terms, you agree to all additional terms and conditions set forth on the Sites or service applicable to the balloting, offers, contest, or sweepstakes, as well as to the terms set forth in these Terms.
You may not engage in any of the following with regard to the Sites (including without limitation posting or transmitting content through the Sites), and you agree not to use the Sites to:
- violate or encourage the violation of any local, state, national, or international law or regulation, or any third party's rights;
- access, assemble, collect, copy, harvest, or store information or data about other users of our Sites or solicit personal information from any individual;
- engage in deceptive acts, including impersonation of any person or entity, whether actual or fictitious, including any Company employee or representative, or misrepresentation of your affiliation with a person or entity, including without limitation the Company; creation or use of a false identity; the attempt to use another user's account; or offer(s) to sell fraudulent goods;
- submit any information, post, message, or other content (including links to content) that (i) is unlawful, libelous, defamatory, abusive, bigoted, harassing, hateful, indecent, sexually explicit, threatening, vulgar, obscene, profane, harmful to minors, gratuitously violent; (ii) you have reason to know is false or misleading, (iii) violates or encourages violation of these Terms, or any local, state, national, or international laws; or (iv) constitutes otherwise objectionable messages, as determined by the Company in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- disrupt or interfere with the security or use of the Sites or any websites or content linked to them;
- interfere with or damage the Sites, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites;
- take any action that imposes or may impose an unreasonable or disproportionately large load on our network or infrastructure;
- attempt to obtain unauthorized access to the Sites or portions thereof that are restricted from general access;
- use any meta tags or any other "hidden text" utilizing the Company name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive, modify, make derivative works of, decipher, decompile, disassemble, or obtain any of the software comprising or in any way making up a part of the Sites, including code, algorithms, or other components of any software used in the Sites;
- engage in any activity that interferes with any third party's ability to use or enjoy the Sites; or
- assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any of the Company Content or any use of or access to the Sites;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;
- deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over any content, or otherwise affect the display of the Sites.
MOBILE CONTENT AND TEXT MESSAGE CAMPAIGNS
- Mobile Service. You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device ("Mobile Device"). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a "Mobile Alert"). You may not, nor attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Sites and is therefore subject to the other provisions of these Terms. In addition, on Site pages where the Mobile Service (including any Mobile Alert) is offered, the Company may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
- Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a "Carrier"), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. Carriers may charge fees to enable downloading of content. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Company's operations. The Company may immediately disconnect any equipment or software causing interference with the Company's operations and/or the Mobile Service. You are responsible for any changes in equipment or software required for upgrades in or to the Mobile Service.
- Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device with a web browser and Internet access and (ii) either a printer or storage space on such device.
- Who Can Receive Text Messages. By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to these Terms, which form a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign up for text messages. You are responsible for notifying the Company immediately if you change your mobile number. You agree to indemnify the Company in full in connection with any third-party claims related to or caused by your failure to immediately notify the Company of a change in mobile number.
- Cancellation of Text Messages. To stop receiving text messages from a specific Company text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. You will receive confirmation of your opt-out via text message. If you have signed up for more than one Company text message program, you will need to text STOP to the short code provided for each program from which you no longer wish to receive text messages. You understand and agree that texting "STOP" does not constitute a "do not call" request. You understand and agree that terms other than "STOP" may not be recognized as a cancellation request and the Company bears no responsibility for not processing an opt-out that uses a term other than "STOP."
- Additional Information. To request more information, simply text HELP to the short code provided in the Company text message program about which you have questions.
- Number of Text Messages. The number of text messages you receive from a Company text message program may vary significantly. Details regarding the type and frequency or recurring nature of text messages are included in the description of each Company text message program. To the maximum extent permitted by applicable law, you and the Company agree that text messages may be sent between you and the Company at any time of day.
- Participating Carriers. Content is not available through all Carriers and Carrier participation could change. Consult with your Carrier to see if it participates in a particular text message program. Content is not compatible with all mobile phone models. The Company will not be liable for any delays in the receipt of any text messages or changes to participating Carriers, as delivery is subject to effective transmission from your Carrier with active participation at that time.
- How Text Messages Are Sent. The Company or its vendor may use automated or non-automated technology to send text messages to the mobile number you provide after you subscribe to a Company text message program. Consent is not a condition of the purchase of any goods or services.
- You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may restrict orders placed under the same customer account, credit card, or billing or shipping address, among other things. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products.
- Unless authorized by us in writing, you may not offer, use, transfer, or accept our products and/or gift cards for promotional purposes including contests, sweepstakes, and giveaways. Our products and gifts cards may not be used in connection with any lottery, raffle, or wagering scheme without our prior written consent.
- Prices posted on our Sites may be different than prices offered by us at our physical locations. We strive to display accurate price information but may occasionally make inadvertent typographical errors, inaccuracies, or omissions relating to pricing and availability. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel orders arising from such occurrences. The Company may offer promotional codes in its sole discretion for certain periods of time or for certain audiences. Enabled promotional codes should be entered during the checkout process to be valid. Discounts exclude taxes and shipping and handling charges and cannot be used in conjunction with other offers.
- By placing an order through Hawks Shop, you agree to pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Company or your credit card issuer. The Company reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
- You may have the option to personalize certain Merchandise ordered through Hawks Shop (e.g., jerseys). The Company reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Company deems to be illegal, offensive or inappropriate.
- You are responsible for paying any taxes imposed in connection with use of the Sites, purchase of products or services available on Hawks Shop, including applicable sales, use, and excise taxes. The risk of loss and title for products purchased from Hawks Shop passes to you upon delivery to the carrier. All sales are subject to our shipping and return policies, which are available to you on Hawks Shop and delivered to you with your purchased products. We reserve the right to limit returns or exchanges in all instances, and refunds are at the Company's sole discretion.
- Questions relating to the Store, Merchandise and its fulfillment should be directed to ATL Hawks, LLC by email to email@example.com. You may also refer to the Contact Us section of the Store for more information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, FIDUCIARIES, OR AGENTS (COLLECTIVELY THE "COMPANY PARTIES") EXPRESSLY DISCLAIM REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES. THE COMPANY PARTIES MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITES, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of or relating to (i) your use of the Sites, including your posting of any content on our Sites, and (ii) your use of our Sites in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party's intellectual property or other rights by you or another user of our Sites using your computer, mobile device or account. For purposes of this Section 14, "you" includes you and all authorized or unauthorized users or beneficiaries of the Sites under these or prior Terms.
We may give notice to users of the Sites by means of a general notice on the Sites, e-mail to a user's email address if on record with us, or by written communication sent by first-class mail to a user's address if on record with us. You may give notice to the Company (such notice shall be deemed given when received) at any time by sending a letter by first-class postage prepaid mail or courier to the following address:
ATL Hawks, LLC
Attn: Legal Department
101 Marietta Street NW
Atlanta, GA 30303
Please note that any notice by you related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites, and/or provision of content, services, and/or technology on or through the Site must be provided as specified in this section.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been posted on or linked from the Sites in a way that constitutes copyright infringement, contact the Company's Copyright Agent in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"): Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
101 Marietta Street, Suite 1900, Atlanta, GA 30303
Attn: SFA - IP Inquiry
E-mail: firstname.lastname@example.org, subject line "DMCA Notice"
In accordance with the DMCA, it is the policy of Company to terminate use of our Sites by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Sites, including without limitation blog comments, message board posts, online polls, and any other content that does not originate with the Company ("User Content"), is the sole responsibility of the person who made such User Content available on the Sites. Under no circumstances will the Company be liable in any way for any User Content made available through the Sites by you or any third party.
Since the Company does not control the User Content, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Sites, you may encounter content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Sites.
User Content is owned by the author thereof, and the Company does not claim ownership of original works created and posted by individual visitors to the Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Sites, you are granting the Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you. By submitting User Content, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Company other than pursuant to these Terms; and (iv) is subject to the grant of rights to the Company as described herein.
The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Sites. You agree that the exercise by the Company of such discretion shall not convert or transform User Content to content owned or provided by the Company, and the user who made such User Content available on the Sites will retain ownership thereof as described below.
If you believe that any Content on our Sites violates these Terms or is otherwise inappropriate, please report the content by contacting us by sending an email to email@example.com.
PROVIDING FEEDBACK TO THE COMPANY
We welcome your comments and feedback about our Sites. All information and materials submitted to the Company through the Sites or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Sites or the business of the Company (collectively, "Feedback"), will be considered non-confidential and non-proprietary with regard to you. The Company, however, reserves the right to treat any such Feedback as the Company's confidential information.
By submitting Feedback, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties can use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; SMALL CLAIMS COURT
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION 21 AS SET FORTH BELOW.
The Company and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation of and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites, the Company or you must give the other party notice of the dispute, claim or controversy. The notice should include a brief written statement providing the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You may give notice to the Company (such notice shall be deemed given when received) at any time by sending a letter by first-class postage prepaid mail or courier to the following address:
ATL Hawks, LLC
Attn: Legal Department
101 Marietta Street NW, Suite 1900
Atlanta, GA 30303.
If the Company and you do not resolve the dispute, claim, or controversy within sixty (60) days from the date of the notice after using reasonable, good faith efforts, the Company and/or you may commence an arbitration proceeding pursuant to this Section. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Sites, or controversies related to bodily injury, are not subject to the pre-dispute resolution process, small claims court, or arbitration provisions set forth herein.
Except as otherwise set forth in this Section, any dispute, claim, or controversy of any kind between the Company and you arising out of or relating in any way to these Terms, your use of our Sites or any products, services, or information you receive through our Sites, if unresolved during the 60-day informal resolution period, shall be submitted to confidential, binding arbitration in Atlanta, Georgia.
The arbitration shall be conducted before one arbitrator and administered by an internationally recognized arbitration organization mutually agreed upon by the parties and in accordance with such organization's rules applicable to the nature of the dispute, as modified by these Terms. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will administer the arbitration consistent with these Terms.
The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, the Company and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous and asserted for an improper purpose. The Company and you understand that, absent this mandatory arbitration provision, the Company and you would have the right to sue in court and have a jury trial. The Company and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof.
Each party reserves the right to request a telephonic, video, or in-person hearing in arbitration. Should either party make such a request, a hearing shall be held. You and the Company's representative shall personally appear at any hearing requested by a party or otherwise ordered by the arbitrator, along with your and the Company's counsel, if represented.
Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Atlanta, Georgia and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
You have the right to opt out of this arbitration provision by sending written notice to the address provided in the Notice section of these Terms. The notice must be sent within the later of 30 days after your first use of the Sites or within 30 days of changes to this section being announced on the Sites. Otherwise, you will be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt out of these arbitration provisions, the Company also will not be bound by them. If you do not opt out as described in this Section, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this Section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of the Company to the extent that any such claims arise out of your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites.
If your claim falls within the jurisdictional scope and limits of small claims court and does not include a request for any type of equitable remedy, you may choose to pursue your claim in a small claims court of appropriate venue for you and the Company. Such claims must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
CLASS ACTION WAIVER; JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and the Company agree that, to the fullest extent permitted by law, each party may bring claims against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Company may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Company may not participate in any class, collective, consolidated, privacy attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or the Company may participate in a class-wide settlement.
To the fullest extent permitted by law, you and the Company waive any right to a jury trial.
The terms of this provision will also apply to any claims asserted by you against any of the Company's parent companies, affiliates, to the extent that any such claims arise out of your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites.
The laws of the state of Georgia and the United States govern these Terms and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Georgia will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
COMPLIANCE WITH LAWS
You assume all knowledge of and compliance with applicable laws, rules, and regulations in connection with your access to and use of the Sites. By using the Sites, you represent and warrant that you will not use our Sites in any way that violates these Terms or any applicable state, federal, or international laws, regulations or other government requirements.
You acknowledge and agree that any violation of these Terms relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Sites and/or their associated services and/or offerings may result in irreparable injury and damage to the Company that may not be adequately compensable in money damages, and for which the Company will have no adequate remedy at law. You, therefore, consent and agree that the Company may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with these Terms. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.
If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the Company's original intentions.
You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of our Sites.
You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Sites, constitutes the entire agreement between you and the Company regarding your use of the Sites, and that any other prior agreements between you and the Company are superseded by these Terms.
Any failure by the Company to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights.
If you have any questions about these Terms, please feel free to please contact us at: firstname.lastname@example.org.