Effective Date: August 8, 2023
Please read these Terms & Conditions ("Terms") carefully before accessing or using the Washington Commanders' website, located at www.commanders.com, and any other website or service operated by Pro-Football LLC ("Washington Commanders," "we," "our," or "us") that links to these Terms, collectively, "the Sites." By accessing or using the Sites, you agree to be bound by these Terms, which are a legal agreement between us and you.
We may update the Terms from time to time, so you should check this page regularly for updates.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.
1 THESE TERMS
1.1 The Sites are intended for users in the United States who are at least 18 years old. By accessing or using the Sites, you represent and warrant that you are least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you access the Sites.
1.2 Certain provisions of these Terms may be supplemented by expressly designated legal terms located on particular pages within the Sites. You agree to comply with all supplemental terms that are reasonably disclosed to you, and such terms form a part of these Terms for all purposes.
1.3 We reserve the right to make changes to these Terms at any time, in accordance with applicable law. If we make changes to these Terms, such amended Terms will be posted on the Sites or through some other reasonable method, and such amended Terms will take effect immediately once posted. If you do not accept a change, then you are free to stop using the Sites. Your use of the Sites following a change to these Terms shall constitute your acceptance of that change.
2 LICENSE AND INTELLECTUAL PROPERTY
2.1 As between you and us, we own the Sites, including, without limitation, all software, text, graphics, tools, links, and other content or material provided in or through use of the Sites (all of which form part of and are collectively referred to as the "Sites" herein), and all worldwide intellectual property rights in the foregoing.
2.2 We grant you a limited, personal, revocable, non-transferable, and non-exclusive right and license to access and use the Sites solely for your personal and non-commercial use and for the Sites intended use only. Any software provided through or used to operate the Sites is licensed, not sold, to you by us, and such license is limited to object code only. We may notify you, by notice within the software or otherwise, that the software contains software governed by the license of a third party, and you agree to abide by the terms and conditions of the same. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, lease, sublicense, distribute copies of, adapt, create derivative works based on, or otherwise use the Sites.
2.3 We, in our sole discretion, may make available updates, upgrades, and/or future versions of or to the Sites, and such updates, upgrades, and/or future versions may not include all previous or existing features, functionality or components of the Sites. These Terms will govern the use of such updates, upgrades, and future versions.
2.4 Any trademark, service mark, logo, or trade name contained in the Sites, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such trademarks without our permission. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
2.5 With respect to data, information, files, and content you submit or make available through the Sites (collectively, "User Content"), you grant us and our providers and partners a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use and exploit such User Content for any purpose whatsoever, commercial or otherwise, without compensation. You are fully responsible for all User Content that you submit to us and agree not to provide User Content that violates these Terms, including, but not limited to, Section 3.2. We are not responsible for any User Content and have no duty to monitor the User Content posted on the Sites. You use any information contained in User Content at your own risk. We have the right, in our sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, and terminate access to your User Content or the Sites (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. If you notice that any User Content appears to violate these Terms, if you believe that any User Content might harm you or someone else, or, where authorized by local laws, if you are requesting removal of User Content that you have posted to the Sites, please notify us by submitting an inquiry through our contact form by clicking here. Even where we agree to remove User Content in accordance with local laws, this may not result in complete or comprehensive removal of User Content from the Sites.
3 YOUR OBLIGATIONS
3.1 If you register for any features or create any accounts using the Sites (such as if you are a season ticket holder and create a Gold Member profile), you agree to provide only true, accurate, current, and complete information as prompted by the registration form or otherwise requested during the term of these Terms and to maintain and promptly update that information so as to keep that information true, accurate, current, and complete. You consent and authorize us to verify the information that you provide, although we undertake no obligation to do so. You also represent and warrant that you do not have more than one profile on the Sites, and that you have not been previously removed from the Sites by us, unless you have our written permission to create a new profile.
3.2 You agree not to use the Sites to: (a) upload, post, email, transmit, or otherwise make available any content that is unlawful, infringing, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, deceptive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise illegal, tortious, sexually explicit, or objectionable; (b) impersonate any person or entity, including, but not limited to, an employee of us or any partner, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) transmit or otherwise make available any content that you do not have a right to make available, that contains a software virus or any other computer code, file, or program, which might interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Sites or any server or network connected to the Sites, or take any action intended or reasonably expected to harm us or any other entity; (e) violate any applicable local, state, federal, or international law; and/or (f) engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type. We reserve the right to monitor your use of the Sites to determine compliance with these Terms.
3.3 You are solely responsible for maintaining the confidentiality of your information and for restricting access to your devices. You accept responsibility for all activities that occur under your account or from your devices. You agree to immediately notify us at through the webform link provided in Section 12 below if you have reason to believe there has been any unauthorized use of any profile or account, or any other breach of security related to the Sites, and you acknowledge that we may not be able to mitigate such unauthorized access or other breach of security until you do so. We may revoke or deactivate your profile at any time.
3.4 You consent to transact with us electronically and receive legal notices and other communications electronically, either by email, text messaging, push notifications (in accordance with your device settings), or by notices posted on the Sites. We may send you communications related to your use of the Sites, including promotional and marketing communications. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device, or computing equipment capable of accessing the Sites.
4 WARRANTIES AND DISCLAIMER
4.1 YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SITES OR THE INFORMATION, MATERIALS, GOODS, OR SITES APPEARING OR OFFERED ON THE SITES OR WITH RESPECT TO ANY WEBSITES OR SITES LINKED FROM THE SITES. THE SITES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITES OR OTHERWISE BY THE WASHINGTON COMMANDERS. FURTHER, THERE IS NO WARRANTY THAT THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. THE WASHINGTON COMMANDERS DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY CONTENT ON THE SITES, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY CONTENT ON THE SITES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE WASHINGTON COMMANDERS SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
4.2 The Sites may provide links or access to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by the Washington Commanders. These may include, for example, our team store, ticket purchases, event registration, donation and payment functionality, and other features, functionalities, or other online services powered by third parties. These Terms do not apply to other such websites and online services, and such websites and online services are not part of the Sites. We do not endorse, recommend, or otherwise accept responsibility for any of these other websites or online services, and we make no representation or warranties of any kind regarding them. We are not responsible for their content, quality, nature, reliability, privacy, data security, or other practices, or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties, or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms of use and privacy policies.
5 LIMITATION OF LIABILITY
5.1 Nothing in these Terms shall limit or exclude any liability that, under applicable law, cannot be limited or excluded.
5.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WASHINGTON COMMANDERS, ITS AFFILIATES AND LICENSORS, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SITES, IN WHOLE OR IN PART, WILL NOT BE LIABLE FOR ANY DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE (INCLUDING, WITHOUT LIMITATION, BODILY HARM, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE)) ARISING OUT OF THE TERMS OR IN CONNECTION WITH (A) YOUR ENTRY OF USER CONTENT INTO THE SITES, (B) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITES, (C) STOPPAGE OF USE BY YOU DURING OR AFTER COMMENCEMENT OF USE OF THE SITES, (D) THE USE OR INABILITY TO USE THE SITES, (E) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY, OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE SITES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR TO YOUR DOWNLOADING OF ANY CONTENT ON THEM OR ON ANY WEBSITE LINKED TO THEM, (F) ANY PHYSICAL ACTIVITY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SITES, OR (G) OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE OR OUR PARTNERS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITES AND/OR REMOVE ANY MOBILE APPLICATION FROM YOUR DEVICE.
5.3 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
5.4 ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITES.
5.5 YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALING WITH ANY OTHER ENTITY THAT YOU USE OR CONSULT WITH.
6 INDEMNITY
6.1 You agree to indemnify, hold harmless, and defend the Washington Commanders, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Sites, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and fully against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Sites (ii) your online conduct in connection with the Sites, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Sites, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Sites, or (vi) any of your dealings or transactions with other persons resulting from use of the Sites. You shall not settle any such claim without the prior written consent of the Washington Commanders. These obligations will survive any termination of these Terms.
7 TERMINATION AND SUSPENSION
7.1 You may delete your Washington Commander Gold Member profile at any time by clicking here. You also may delete the Washington Commanders' mobile application from your device at any time.
7.2 We may terminate these Terms and/or your access to the Sites immediately for any reason, including without limitation where we have reasonable ground to do so based on: (i) your breach of these Terms; (ii) a request by law enforcement or other government agency; (iii) our discontinuation of or material modification to the Sites; (iv) an unexpected technical or security issue or problem; and (v) your inactivity. Termination of your account may include (i) removal of access to all offerings within the Sites, (ii) deletion of User Content associated with or inside your profile, and (iii) barring of further use of the Sites. You agree that any such suspension, change, or termination by us may be made in our sole discretion and that, to the extent permitted by applicable law, we shall not be liable to you or any third party for any suspension, change, or termination of your profile or access to the Sites for any reason.
7.3 Sections 2 (except for the first sentence of Section 2.2), 3.2, 3.3, 3.4, 4, 5, 6, 7.2, 8, 10, and this Section 7.3 will survive any termination of these Terms.
8 GOVERNING LAW; ARBITRATION
8.1 PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
8.2 In order to expedite and control the cost of disputes, the Washington Commanders and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Sites or these Terms ("Dispute") will be resolved by arbitration if the parties are unable to reach agreement through negotiation of the dispute. This applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of these Terms. Arbitration is a less formal proceeding than a lawsuit in a court, does not involve a judge or jury, and may allow for less discovery than in a court. An arbitration is conducted by a neutral arbitrator. An arbitrator can award the same types of relief that a court can, such as damages, but a decision from an arbitrator can be subject to very limited review by a court. YOU UNDERSTAND AND AGREE THAT YOU AND THE WASHINGTON COMMANDERS ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
8.3 Despite this arbitration agreement, both you and the Washington Commanders will still be able to: (a) bring an individual action in small claims court; (b) bring an individual action seeking injunctive relief in a court of law; (c) bring suit regarding intellectual property infringement; and (d) bring issues to the attention of federal, state, or local agencies, which may result in legal action.
8.4 You have the right to opt out of this agreement to arbitrate by contacting the Washington Commanders at Attn: Legal Department, 1600 Fedex Way, Landover, MD 20785 or by emailing legaldepartment[at]commanders.com within thirty (30) days of first accepting these Terms. In your request, please state that you decline the arbitration agreement in this Section 8, and provide your full name and the email address you used to register for the Sites. There is no penalty for opting out of this arbitration agreement.
8.5 In the event of a Dispute, you or the Washington Commanders must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution, including any relief sought (a "Notice of Dispute"). You must send any Notice of Dispute by certified U.S. Mail or Federal Express (signature required) to the Washington Commanders at Attn: Legal Department, 1600 Fedex Way, Landover, MD 20785. The Washington Commanders will send any Notice of Dispute to you by certified U.S. Mail or Federal Express (signature required) to your address if we have it, or otherwise to your email address. You and the Washington Commanders will attempt to resolve any Dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. After thirty (30) days, you or the Washington Commanders may commence arbitration.
8.6 To the fullest extent permitted under law, any arbitration between you and the Washington Commanders will be settled under the Federal Arbitration Act, and will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules, available from AAA at http://www.adr.org, in effect at the time the Dispute is filed (the "AAA Rules"), as modified by these Terms. Information about AAA and the AAA Rules and filing process is available at http://www.adr.org/ or by contacting the Washington Commanders. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT.
8.7 TO THE FULLEST EXTENT OF THE LAW, YOU AND THE WASHINGTON COMMANDERS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR THE WASHINGTON COMMANDERS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
8.8 Any arbitration hearing will take place in the Commonwealth of Virginia, or in a location that you and the Washington Commanders agree upon. If your claim is for $10,000 or less, however, it is your choice whether the arbitration is conducted: (a) by an in-person hearing under the AAA Rules; (b) by a telephonic hearing, where the parties do not appear in person; or (c) by the submission of documents only, without an in-person or telephonic hearing. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The parties must not disclose the amount of any settlement offer made by you or the Washington Commanders to the arbitrator during the arbitration, until the arbitrator has made a final decision and award, if any. If the arbitrator finds in your favor, the Washington Commanders will pay you the highest of: (a) the amount the arbitrator awards you, if any; (b) the last written settlement amount offered by the Washington Commanders regarding the Dispute before the arbitrator's final decision and award; or (c) $50.
8.9 Whoever files the arbitration pays the initial filing fee, unless your claim is for $10,000 or less, in which case the Washington Commanders will reimburse you for your payment of the initial filing fee in the event that you prevail. If the arbitrator finds that the substance of your claim or your request for relief is frivolous or brought for an improper purpose (under the standard set forth in Federal Rule of Civil Procedure 11(b)), then agree to reimburse the Washington Commanders for any amounts previously disbursed that are otherwise your obligation to pay under the AAA Rules.
8.10 TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR IN AN ARBITRATION PROCEEDING. The one-year period begins when the events giving rise to the Dispute first occur. If a claim is not submitted within one year, it is permanently barred. This period can only be extended by the written consent of both parties. No statutes or provisions of law that would toll or otherwise affect the time in which a party may bring a claim shall operate to extend the period limited in this Section, and any such statutes and provisions are hereby waived, to the fullest extent permitted by law.
8.11 You have the right to reject any changes to this arbitration provision, except for a change to the Washington Commanders' contact information. You may reject a change by sending us written notice within 30 days. This will result in your account on the Sites being immediately terminated. Note that this arbitration provision, as it was prior to the rejected changes, will remain in effect.
8.12 If the waiver of class actions above is found unenforceable, or this entire Section 8 is found unenforceable, then this entire Section will be null and void. If that happens, you and the Washington Commanders agree that Section 10.4 below regarding exclusive jurisdiction and governing law will govern any Dispute.
9 NOTICES OF COPYRIGHT INFRINGEMENT
9.1 We respect the intellectual property rights of others. We reserve the right to remove any content from the Sites for any reason, including if it infringes the copyright of any person. Under the appropriate circumstances, we will, and expressly reserve the right to, disable and/or terminate the accounts of users who are repeat copyright infringers.
9.2 If you are a copyright owner or an agent of a copyright owner and believe in good faith that any content (including User Content) that is accessible on the Sites infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") by contacting our Copyright Agent at Attn: Legal Department, 1600 Fedex Way, Landover, MD 20785 or by emailing us at DCMA[at]commanders.com with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright being infringed.
· A description of the copyright-protected work that you claim has been infringed.
· A description of the allegedly infringing material and where on the Sites it is located (please provide a URL and physical description).
· Your address, telephone number, and email address.
· A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law.
· A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DMCA notices of infringement that do not contain all the required information (as described above) may not receive a response.
10 GENERAL
10.1 These Terms constitute the entire agreement between you and us relating to its subject matter and supersede all prior agreements, undertakings, representations, warranties, and arrangements of any nature relating to the same. Each party acknowledges that it has not been induced to enter into these Terms by any representation or warranty other than those contained in these Terms.
10.2 You must not use, export, or re-export the Sites contrary to any law of the United States and any other jurisdiction including without limitation the Export Administration Regulations of the United States. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
10.3 We may assign these Terms, in whole or in part, without notice to you or your consent. You may not assign these Terms or any rights or obligations herein without the prior written consent of the Washington Commanders and any attempted assignment in contravention of this provision is null and void and of no force or effect. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns. No person who is not a party to these Terms (other than any person specifically identified as a third party beneficiary) shall have any right under any law to enforce any term of these Terms, and no consent is required from any third party to change these Terms. We shall not be in breach of these Terms or otherwise liable to you as a result of any delay or failure in the performance of our obligations under these Terms to the extent that such delay or failure is caused by any occurrence beyond our reasonable control including, but not limited to, any act of God, strike, war, or sabotage, and the time for performance of the relevant obligation shall be extended accordingly. No failure or delay by us to exercise or enforce any right or benefit under these Terms shall be deemed a waiver of such right or benefit nor operate to prevent or limit the future exercise or enforcement of that right or benefit. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. If any term or condition of these Terms is held invalid, void, or otherwise unenforceable by any court, governmental agency, or authority of competent jurisdiction, the remainder of these Terms shall remain valid and enforceable.
10.4 The Sites are intended for use by residents of the United States. We do not intentionally provide access to the Sites to individuals located elsewhere. These Terms shall be governed by, and construed and interpreted in accordance with, the laws of the State of Virginia (without giving effect to conflict of law principles). To the extent a lawsuit or court proceeding is permitted under these Terms, you and the Washington Commanders agree that any dispute will be litigated in the state or federal courts located in Loudon County, Virginia, and both of us submit to the personal and exclusive jurisdiction of those courts. By using the Sites, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
10.5 The parties are independent contractors and nothing in these Terms shall be deemed to create any joint venture or agency relationship among the parties, and no party shall have the right to enter into any contract on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party.
10.6 Additional Terms for Apple's App Store
In addition to the other terms set forth herein, the provisions of this Section 10.6 also apply to you if you obtained the Sites from Apple's App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Sites. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the Sites. In the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Sites to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites. Apple is not responsible for addressing any claim by you or any third party relating to the Sites or your possession and/or use of the Sites, including, but not limited to: (i) any product liability claim; (ii) any claim that the Sites fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Sites and/or your possession and use of the Sites infringes any third party's intellectual property rights. You may access and use the Sites only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with all applicable third-party terms when using the Sites. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereunder.
11 PRIVACY
By using our Sites, you agree that we may collect and use your personal data. For information about how the Washington Commanders collect, use, and share your personal information, please read our Privacy Policy.
12 CONTACT
If you have any questions, comments, or complaints regarding the Sites, you may contact us via mail, our address is 1600 Fedex Way, Landover, MD 20785.