Gameday Gateway Properties are either owned by or licensed by Gameday Gateway. The applicable owners and licensors retain all rights to the Gameday Gateway Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. The Gameday Gateway Properties must not be used in any unauthorized manner.
2. ELECTRONIC COMMUNICATIONS
3. YOUR ACCOUNT
You must create a business account to access certain features of the Site and before you purchase a product from the Site as part of the checkout process. By creating an account, you represent that (i) the individual acting on behalf of the registrant has the authority to bind the registrant, (ii) the registrant has all requisite right, power, and authority to register as a member of the Site, and (iii) the registrant is an individual business owner or an Eligible Entity. "Eligible Entities" include all types of businesses (for example, LLCs, LLPs, corporations, partnerships, sole proprietorships, and PLLCs), all types of governmental entities (federal, state, local, and quasi-governmental entities), and all types of non-profit organizations (including 501(c) organizations, 527 organizations, and similar tax-exempt organizations). You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.
4. LINKS TO OTHER WEB SITES
The Site may contain links to third-party web sites or services that are not owned or controlled by Gameday Gateway.
Gameday Gateway has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gameday Gateway shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. PROHIBITED CONDUCT
You must not use the Gameday Gateway Properties to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Gameday Gateway or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts any of the Gameday Gateway Properties, imposes an unreasonable or disproportionately large load on any Gameday Gateway Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the Gameday Gateway Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent or inappropriate, which constitutes hate speech or which adversely affects Gameday Gateway business, or is otherwise objectionable in Gameday Gateway's sole determination; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate management, employees or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, e-mail addresses, social security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the Gameday Gateway Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the applicable Gameday Gateway Properties.
6. PRICING AND AVAILABILITY
All prices for products and services are shown in U.S. dollars. Gameday Gateway and each supplying sports team ("Supplying Team") reserves the right to modify the price of any services or products offered via the Gameday Gateway Properties. Any offer to sell any services or any other products offered via the Gameday Gateway Properties may be discontinued at any time in Gameday Gateway's or the Supplying Team's sole discretion. All prices are subject to change without notice and are subject to the respective tax rate of the state where each Supplying Team resides. All items are subject to availability, and we and each Supplying Team reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All items displayed are through the Site's frequently updated inventory feed. Please note that all items are subject to prior sale and may become unavailable after they have been identified to you. If for some reason an item on your order is no longer available or discontinued after an order is confirmed, the Supplying Team shall offer an item or asset of equal or greater value. No refund shall be offered unless the Supplying Team has no available inventory.
- Billing and Automatic Renewal Policies for Certain Subscription Services
For certain services billed on a monthly basis, your subscription will automatically renew monthly, unless you cancel your service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in in your Gameday Gateway account will be charged on or about the same date each month of your subscription. If Gameday Gateway is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your Gameday Gateway account may be charged. To cancel your monthly service, you may do so through your Gameday Gateway account, or send an e-mail to [email@example.com]. In no event will Gameday Gateway provide partial or pro-rated refunds; see below for further details regarding refunds.
For services billed on a yearly basis, your subscription will automatically renew annually at the then-current year's regular full yearly price, unless you cancel your service prior to the beginning of the next applicable billing (and renewal) period. If Gameday Gateway is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your Gameday Gateway account may be charged. To cancel your annual service, you may do so through your Gameday Gateway account, or send an e-mail to [firstname.lastname@example.org]. In no event will Gameday Gateway or Supplying Team provide partial or pro-rated refunds, but you may be eligible for a refund pursuant to Section 6(B); see below for further details regarding refunds.
In the event Gameday Gateway or Supplying Team discontinues or significantly alters a service that you have purchased with automatic renewal, Gameday Gateway (a) will notify you via e-mail to an address you have provided to Gameday Gateway, (b) may provide information about similar or new services available via the Gameday Gateway Properties and (c) reserves the right to cancel the applicable renewal.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY CREDIT OR DEBIT CARD SAVED IN THE PAYMENT PROFILE SECTION OF YOUR GAMEDAY GATEWAY ACCOUNT.
- Refund Policies for Certain Subscription Services
Should you wish to cancel your subscription service at any time, you may login to your Gameday Gateway account and follow the applicable instructions, or you may e-mail [email@example.com]. If such cancellation request occurs on any date following either the fifth (5th) day after your initial purchase or the fifth (5th) day after any annual automatic renewal date during any subsequent year of your service, then your cancellation will be effective as follows:
i. Current Yearly Service: If you cancel your yearly subscription service as set forth immediately above, such cancellation will take effect at the start of the following subscription service year. The services to which you are subscribed will be accessible until cancellation is effective.
ii. Annual Automatic Renewal of Yearly Service: If you cancel your yearly subscription service as set forth immediately above, it will not automatically renew in any subsequent year.
iii. Current Monthly Service: If you cancel your monthly subscription service as set forth immediately above, such cancellation will take effect upon the completion of your then-current service month. The services to which you are subscribed will be accessible until the thirtieth (30) day after your most recent billing date.
iv. Annual Automatic Renewal of Monthly Service: If you cancel your monthly subscription service as set forth immediately above, it will not automatically renew annually in any subsequent year, unless you elect at the time of your cancellation to renew (i.e., re-start) your monthly subscription service next year.
C. Who You Are Buying From
Gameday Gateway is an agent of the teams that provide the products, merchandise and inventory that are being sold on the platform, and does not own such products, merchandise and inventory. Teams are solely responsible for the quality and availability of the products, merchandise and inventory they place on the platform.
D. Shopping Cart
The shopping cart is a temporary place to hold a list of your items. Products are subject to availability and pricing changes. If you receive a discount for buying in bulk, cancelling or returning part of the order may invalidate the discount. If you wish to use a gift certificate or promotional code, you may enter your code when prompted at time of payment.
7. SUPPLYING TEAMS
Gameday Gateway may enable Supplying Teams to integrate with Gameday Gateway for your benefit. If you choose to use the services of such a Supplying Team in connection with your account, you authorize Gameday Gateway to disclose to such Supplying Team your account information, including information regarding you, your employees or agents, and your and orders. You acknowledge that the use of this information by a Supplying Team will be governed by the Supplying Team's privacy, data and security policies, and other agreements you have with such Supplying Team. You agree that Gameday Gateway is not responsible for and will have no liability arising from Gameday Gateway's disclosure of information to such Supplying Team, the Supplying Team's subsequent use of such information, or any services provided by the Supplying Team.
Gameday Gateway is not responsible for any services provided by a Supplying Team. You are responsible for the approvals of any orders, verification of shipping addresses and any disputes regarding orders, and you agree that Gameday Gateway will have no liability arising in any way from your use of a Supplying Team, including, but not limited to, any unauthorized charges you or your employees or agents incur.
8. NOTIFICATIONS AND OTHER TERMS AND CONDITIONS
By purchasing or using any services, you agree that Gameday Gateway may, but is not obligated to, notify you about changes to prices and/or services by sending an e-mail to an address you have provided to Gameday Gateway or by publishing a notice on the informational page(s) of the Gameday Gateway Properties applicable to the services. It is your responsibility to notify Gameday Gateway of any change in your e-mail address by logging in to the applicable Gameday Gateway Property and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure you retrieve those e-mails we send to you, e.g., by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Pricing, terms and conditions of services and other products offered via the Gameday Gateway Properties are subject to availability and change.
9. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
USE OF THE GAMEDAY GATEWAY PROPERTIES AND SERVICES INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY GAMEDAY GATEWAY AND/OR THE APPLICABLE VENDOR OR SUPPLYING TEAM, THE GAMEDAY GATEWAY PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS AND SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GAMEDAY GATEWAY DOES NOT WARRANT THAT: (1) THE GAMEDAY GATEWAY PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
10. INTELLECTUAL PROPERTY
11. LIMITATION OF LIABILITY
GAMEDAY GATEWAY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, GAMEDAY GATEWAY'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Gameday Gateway and each Supplying Team may change, suspend or discontinue any aspect of the Gameday Gateway Properties at any time, including the availability of any product, merchandise, service, feature, database or content.
13. DISPUTE RESOLUTION AND ARBITRATION
Subject to the limitations set forth below in this Section 13, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that: (i) the arbitrator shall not have authority to award punitive damages; and (ii) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Gameday Gateway agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Orange County, California (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; (ii) you and Gameday Gateway waive any and all rights to trial by jury with respect to any Claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Gameday Gateway with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
If you are a public sector entity and precluded by law from agreeing to any of the provisions of this Section 11 as set forth above, then any disputes with you will be governed by the substantive laws of the sovereign under whose laws you were formed and the venue for any such dispute will be the venue required by the laws of such sovereign. Similarly, if the laws of such sovereign would result in other provisions in these Terms and Conditions being deemed unlawful, void or for any reason unenforceable against you, those provisions will not apply to you and will be deemed severable from these Terms and Conditions. All other provisions in these Terms and Conditions remain in full force and effect.
14. CHOICE OF LAW
17. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the Gameday Gateway Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. CONTACT US
Please send any questions or comments regarding this Site or your order to:
Gameday Gateway, Inc. 333 Bayside Drive, Suite 107 Newport Beach, CA 92660