Revisions to TOU
You are reading the most current version of the TOU, which were posted as the date listed at the end of these TOU. We may update the TOU at any time by posting a new version here without prior notice. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES.
Operation of Site and Connectivity
Intellectual Property and Proprietary Rights
This Site features various types of content that includes text, logos, icons, images, graphics, photos, audio and video clips, streaming media, digital downloads, databases, trademarks, service marks and other designs and layouts, as well as underlying code in various formats and software ("Content"). All Content is owned and controlled by NMSC, its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions and other countries. The Site itself is protected by NMSC as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. You may download and print out pages and information from this site only for your personal, non-commercial, use, provided you retain all copyright, trademark and other proprietary notices. You may not use, modify, reproduce, distribute, republish, upload, create derivative works from, post or transmit in any way any Content except as expressly permitted by these TOU.
If you subscribe to any newsletter, updates or other services on the Site that require a user name and password, such user names and passwords shall, with respect to this Site, be deemed confidential information of NMSC and shall not be shared with, or disclosed by you to, anyone else.
NMSC attempts to be as accurate as possible with respect to information and Content accessible through the Site, but does not warrant that Content is accurate, complete, reliable, current or error-free. While we strive for excellence, the Site and its Content may include typographical errors or inaccuracies.
License and Site Access
NMSC grants you a limited license to access and make personal use of this Site. You may download and print pages and information from this Site only for your personal, non-commercial, use and reference. You may not modify, distribute, perform, display or create any derivative works from any Content or further copy any Content without the express written consent of NMSC. This license prohibits any commercial use of this Site or its Content or any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any Content on the Site without the express written consent of NMSC. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of NMSC or any NMSC affiliates without the express written consent of NMSC. This license does not grant you any right to use any marks or logos of any NFL team or the National Football League itself. Any unauthorized use of this Site terminates the license granted by NMSC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site as long as the link does not portray NMSC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NMSC logo or other graphic or design Content as part of the link without express written permission from NMSC.
You are prohibited from using this Site and any Content to: (i) transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of NMSC, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity; (ii) transmit, store or otherwise make available material that disrupts or corrupts the Site or any Content, imposes an unreasonable or disproportionately large load on the Site's servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (iii) transmit, store or otherwise make available material that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate speech, or adversely affects NMSC's or its advertisers' and affiliates' business, or is otherwise objectionable in NMSC's sole discretion; (iv) transmit, store or otherwise make available material that 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 knowingly or negligently 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 that contains any information, software or other material of a commercial or proprietary nature; (vii) transmit, store or otherwise make available material that contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or other solicitations of any kind; (viii) transmit, store or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack or impersonate players, management, employees of football, or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another person's personal information, account data or password except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; and (xii) use automated scripts to collect information from or otherwise interact with the Site.
NMSC may offer merchandise, products and services for sale through the Site, including tickets to events sold by independent third party vendors. All purchases are subject to availability. If any product or merchandise offered by NMSC or its business affiliates through the Site is not as described, your sole remedy is to return it in unused condition (subject to the terms of any manufacturer's warranty).
NMSC and its vendors reserve the right to modify the price of any merchandise, product or service offered for sale through the Site. NMSC is not responsible for any typographical or other errors in describing any merchandise, products or services. Any offer to sell any such merchandise, products or services may be discontinued at any time in the sole discretion of NMSC or its vendors.
NMSC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OR SERVICES, INCLUDING TICKETS, OFFERED BY VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS ANY SHOPPING AREA OF THE SITE, INCLUDING ANY TICKETING SERVICE OR THIRD PARTY SALES LOCATIONS, AND ANY PRODUCT OR SERVICE OFFERED THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, MERCHANDISE OR TICKETS.
Third Party Links and Advertisers
This Site provides links to other third party Internet web sites and resources, including for event ticket purchases. Because NMSC does not have control over such sites and resources, you acknowledge and agree that NMSC is not responsible for content or availability of such sites or resources, and does not sponsor, endorse or assume any liability for any content, advertising, products, services or other materials offered by or made available through such third party sites and resources. You further acknowledge and agree that NMSC shall not be responsible or liable in any way for any loss or damage you may incur as a result of your use of any such third party site or resources.
We may offer as a convenience through the Site certain advertising and links to promotional offers from our advertising and business affiliates that may be of interest to you. Because NMSC has no control over such advertisements and promotional offers, you agree that NMSC shall have no liability for the content and offerings of any such advertisements or promotional offers. Your communication and business dealings with, or participation in promotions of, such advertisers or business partners, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations concerning such dealings, are solely between you and such advertiser or business affiliate. You agree that NMSC shall not be responsible or liable in any way for any loss or damage you may incur as the result of any such advertisements or your participation in any such promotional offers.
Customer Feedback and Communications
As we continue to strive to make your visit to our Site enjoyable and useful, we welcome your comments and feedback concerning the Site and its Content. Any email you send to us should identify the sender and not use a false name or anyone else's name. Your e-mail address and the content of any e-mail you send to us will be used to communicate with you and to satisfy our legal and regulatory requirements with regard to customer communications.
The information contained in any email or other communication you send to NMSC shall be deemed to be non-confidential and non-solicited, and NMSC assumes no obligation to protect such information from disclosure. Subject only to any protections to which such information may be entitled under valid intellectual property laws, NMSC's receipt of such information shall not restrict NMSC in any way from engaging in any business or venture, or offering any products or services, that may relate or be similar to any information, ideas or concepts you may disclose to NMSC, and NMSC shall be free to reproduce, use, disclose and distribute such information to others without restriction. You acknowledge that transmissions sent to and from this Site are not confidential and may be read or intercepted by others. You acknowledge that by communicating with NMSC or its business affiliates, no confidential, fiduciary, contractually implied or other relationship is created between you and NMSC or its business affiliates other than pursuant to this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication with or through the Site, you hereby grant to NMSC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications in all media now known or hereafter developed. You hereby waive all rights to any claim against NMSC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
NMSC has the right, in its sole discretion and without notice or liability to you or any third party, to terminate any account you may open on this Site for cause, without limitation, based upon (a) breach or violation of these TOU or other agreements or guidelines of NMSC, (b) requests by law enforcement or government agencies, (c) discontinuance of such account services or modification of the Site, (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your account(s) may include removal of access to all offerings requiring registration and, at NMSC's sole discretion, the deletion of your account.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NMSC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS AND OTHER BUSINESS AFFILIATES, FROM ANY LOSSES, DAMAGES OR ANY OTHER LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, ARISING FROM ANY CLAIM, ACTION OR DEMAND MADE BY ANY THIRD PARTY CONCERNING OR ARISING OUT OF YOUR USE OF THIS SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TOU, AND YOUR VIOLATION OF LAW OR OF ANY RIGHTS OF A THIRD PARTY AS IS RELATED TO THE USE OF THE SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMSC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR LATENCY OF THE SITE AND THE INFORMATION PROVIDE ON THE SITE, AND NON-INFRINGEMENT. NMSC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT, MATERIALS OR SERVICES, OR TO STORE ANY PERSONALIZED USER SETTINGS OR INFORMATION ON THIS SITE.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NMSC MAKES NO WARRANTIES OF ANY KIND THAT THE SITE OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE BY THIRD-PARTIES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE ERROR FREE.
NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NMSC OR THROUGH YOUR USE OR ACCESS TO THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.
In the unlikely event that a problem occurs with respect to your use of this Site and these TOU, NMSC would like to address your concerns without requiring a legal case or proceeding. Before initiating a legal case against NMSC, we ask that you work with us to resolve the dispute informally by contacting our Customer Service department.
AGREEMENT TO ARBITRATE DISPUTES
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 NMSC 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 NMSC’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances NMSC 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.
ARBITRATION PROCEDURES: 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 NMSC 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 NMSC will pay all other administrative costs and fees. In addition, for claims of less than $1,000, NMSC 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 NMSC, 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 NMSC. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
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.
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 NMSC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NMSC 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.
CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New Jersey.
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