The Terms do not govern your use of other services associated with the New York Jets, and does not govern your purchase of any products or tickets purchased on or through the Site.
Product Warranty Information
Ownership of Intellectual Property and Restrictions on Use
Jets Online Store by Fanatics
Fanatics, Inc., an independent merchandise vendor, operates and is responsible for the online Jets Store that allows you to order products (the "Merchandise"). By placing an order in the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Fanatics can be reached at http://www.jetsshop.com/pages/CSP\_499S\_Home or by phone at 1-844-736-944.
You agree to indemnify, defend and hold harmless, NewYorkJets.com, the New York Jets, Jets Stadium Development, LLC and their respective affiliates, as well as each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all claims, losses, expenses, liabilities, damages and costs, including attorneys' fees, arising from: (i) your use of and access of the newyorkjets.com website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the newyorkjets.com website caused damage to a third party.
Disclaimer of Warranties
THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, AND NEWYORKJETS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, AND NEWYORKJETS.COM DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, You hereby agree not to hold NewYorkJets.com, the New York Jets, Jets Stadium Development, LLC, their affiliates, and their respective officers, members, directors, employees, agents, licensors and representatives liable for any Economic Damages arising out of the USE OF the Site, and you hereby release all such persons from claims and damages (actual or consequential) ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE. THIS LIMITATION DOES NOT APPLY TO PERSONAL INJURY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT NEWJORKJETS.COM, THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, NEWYORKJETS.COM, OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS AND AFFILIATE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE OR $100, IF ANY.
Entire Agreement and Termination
Notices or Communications in Writing
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Our Copyright Agent for notice of claims of copyright infringement on the Service is the Webmaster of the Site and can be reached at:
New York Jets LLC
One Jets Drive
Florham Park, NJ 07932
Attn: DMCA Agent
firstname.lastname@example.org (Please include "DMCA Notice of Infringement" in the subject line)
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
Chat Rooms, Forums, Message Boards, and Blog Services
The New York Jets may make chat rooms, forums, message boards, and blogs available to the users of the Site. You are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, message board or blog. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Content Posted on the Site
You are solely responsible for any messages or other materials you may provide in connection with the chat rooms, forums, message boards, and blogs ("User Content") and the New York Jets and Jets Stadium Development, LLC accept no responsibility whatsoever in connection with, or arising from, such User Content. Neither the New York Jets nor Jets Stadium Development, LLC endorse or have any control over the User Content submitted by others. User Content is not necessarily reviewed by the New York Jets or Jets Stadium Development, LLC prior to posting and does not necessarily reflect the opinions or policies of the New York Jets or Jets Stadium Development, LLC. The New York Jets and Jets Stadium Development, LLC make no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, you agree that the New York Jets and Jets Stadium Development, LLC have the right to reject User Content and to edit, restrict or remove such User Content for any reason at any time. The New York Jets and Jets Stadium Development, LLC assume no responsibility for actively monitoring the chat rooms, forums, message boards, or blogs for User Content that the New York Jets or Jets Stadium Development, LLC deems inappropriate. If, at any time, either the New York Jets or Jets Stadium Development, LLC chooses, in its sole discretion, to monitor the chat rooms, forums, message boards, and blogs, the New York Jets and Jets Stadium Development, LLC, as applicable, nonetheless assume no responsibility for the User Content, have no obligation to modify or remove any inappropriate User Content, and have no responsibility for the conduct of any user submitting any User Content.
You agree to strictly limit your User Content to discussions about the subject matter for which the chat rooms, forums, message boards, and blogs are intended. You also agree to permit any other user of the Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the chat rooms, forums, message boards, and blogs by any other person.
You hereby grant to the New York Jets and Jets Stadium Development, LLC the perpetual non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, duplicate and translate such User Content. A back-up or residual copy of the content posted by you to the chat rooms, forums, message boards, and blogs may remain on the New York Jets or Jets Stadium Development, LLC servers after removal of such User Content from the Site, and the New York Jets and Jets Stadium Development, LLC retain the rights to those copies. You represent and warrant that: (i) you own the User Content posted by you to the chat rooms, forums, message boards, and blogs or otherwise have the right to grant the license set forth in this section, (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content to does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post to the chat rooms, forums, message boards, and blogs.
Prohibited User Content and/or Activity
You must use the chat rooms, forums, message boards, and blogs in a manner consistent with any and all applicable laws and regulations. You agree that the New York Jets and Jets Stadium Development, LLC have the right to reject, remove, or edit any User Content in its sole and absolute discretion. The following list is for illustrative purposes, and in no way is exhaustive, of the kind of User Content that is illegal or prohibited while utilizing the chat rooms, forums, message boards, and blogs. Each of the New York Jets and Jets Stadium Development, LLC reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Services and terminating your use of the chat rooms, forums, message boards, and blogs. Prohibited Content includes User Content that:
• is obscene, patently offensive, or promotes terrorism, racism, bigotry, hatred or physical harm of any kind against any group or individual
• harasses or advocates harassment of another person
• contains nudity, violence, or offensive subject matter
• involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
• exploits people in a sexual or violent manner
• solicits personal information from anyone under 18
• provides any telephone numbers, street addresses, last names, URLs or email addresses of any person
• violates the copyright, trademark or other intellectual property rights, privacy rights, or any other rights of any person
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users
• involves commercial activities and/or sales without the prior written consent of the New York Jets, such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE.
You and the Jets agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate the Jets' intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the Jets may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or the Jets must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and the Jets will pay all other administrative costs and fees. In addition, for claims of less than $1,000, the Jets will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR. The arbitrator will decide the rights and liabilities, if any, of you and the Jets, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Jets. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.
WAIVER OF JURY TRIAL.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Jets in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE JETS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Choice of Law and Forum Selection
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
For all matters not susceptible to arbitration according to the arbitration provision in these terms, This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of New Jersey or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New Jersey located in Bergen County, in all disputes arising out of or relating to the use of the Services.
Last Updated: August 16, 2016