Terms & Conditions
Updated: August 5, 2019
Terms of Service
The Los Angeles Rams (the “Rams”, “we”, “us” or “our”) welcome you to this website. The following Terms and Conditions, or “Terms” are the rules that govern use of The Los Angeles Rams website located at therams.com, including any mobile version of such site (collectively "Site"). By using or visiting a Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. The Los Angeles Rams reserve the right to change these Terms at any time, effective immediately upon posting on the Site and notice to you. Please check the home page of the Site periodically. We will note when there are material updates to the Terms and Conditions. If you violate these Terms, the Los Angeles Rams may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY. Your use of the Site constitutes your acceptance of the Agreement. You must be 13 years or older to use the Site. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Site, which license and permission we may revoke at any time, as described below.
Modification of This Agreement. We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Site after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Site.
Access to the Site. In order to access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Site, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Site. As we make changes to the Site, the minimum technical requirements for access to the Site may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Site. Moreover, if we change the minimum technical requirements after you initially register to access the Site such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Sites under the provisions of this Agreement.
Compliance with Laws/Regulations. You are required to comply with all applicable laws and regulations in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Site, you represent and warrant that you will not use the Site for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Site in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
Registration, Username, Password, Security. Registration may be required for certain portions of the Site. We will not grant any user access to any registration-required portions of the Site unless the user has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Site.
Your User Identity. Your username and password will be your identity for purposes of interacting with the Site and other users through the Site.
Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Site. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Site. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
Security Breaches and Revision. If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by e-mail at firstname.lastname@example.org. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
No Deep Linking. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase merchandise for your personal use, unless otherwise specifically authorized by the Los Angeles Rams to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by the Los Angeles Rams to do so. The content and software on this Site are the property of the Los Angeles Rams and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Modular Content. We may provide certain content, which includes 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 Site ("Modular Content"). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with this Agreement 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 Site, you agree not to: (1) obscure our branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) 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; (iii) 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; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites 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 we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site 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 we have 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 we may implement and use protections to limit the web sites 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 we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to this Agreement.
By posting or submitting User Content to the Site, you also represent and warrant that you own or otherwise control all of the rights to such User Content, and that use of such User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law. The contributions of third parties do not necessarily represent the view or opinions of the Los Angeles Rams. The Los Angeles Rams cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify the Rams at email@example.com. We will investigate your claim and may then take the actions deemed appropriate.
If you are under the age of 13, you may not submit, post, or add User Content to the Site. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of User Content, in whole or in part at any time and to terminate your ability to post User Content to the Site at any time, without notice, in our sole discretion.
Any gaming features that we make available on the Site, including fantasy football features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Site, or from using the Site to gamble or wager on the result of any NFL game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Site, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
Although we may maintain technical logs concerning your use of the Site, we do not routinely monitor User Content. You agree that we may not be held responsible for User Content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor User Content, if we become aware of any User Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may -- but are not required to -- act in good faith to restrict access to or availability of such User Content. We may also take steps to terminate your access to the Site or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Site that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing firstname.lastname@example.org. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
Acceptable Use Policy. Whether or not you register for an account with us, the Site are only available for access and use by you for lawful purposes. You understand that when using the Site, you may be exposed to user content provided by other users or third parties, and you agree that we are not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates these Terms; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Site; or (d) through the use of the Site, abuses, defames, harasses, libels, disparages or threatens another user of the Site or any other third party, is strictly forbidden. You also may NOT:
• distribute or post solicitations, promotional materials, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
• distribute or post content that you know, or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate;
• take any action that attempts to impersonate, deceive, or defraud any person or entity;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent
• use any robot, spider, crawler, scraper, bots or other automated means to access or use the Site;
• introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
• take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure;
• take any action that attempts to gain unauthorized access to, or attempts to compromise the normal functioning operation or security of, any network, system, computing facility, equipment, data or information of anyone;
• take any action that discloses or attempts to gain unauthorized access to user names, passwords, email address, or other personal information of anyone, including, without limitation, other end users;
• take any action that bypasses or attempts to bypass, or circumvents or attempts to circumvent, any measures we may use to prevent or restrict access to the Site or certain features or modules of the Site; or
• attempt to benchmark the Site or related services. Prohibited Content. Without limiting the restrictions above, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
· infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
· promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
· reveals trade secrets, unless you own them, or you are the valid licensee to such materials, and you have the right to grant us the rights and licenses set forth in Section 13 of this Agreement;
· is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
· displays pornographic or sexually explicit material of any kind;
· provides material that exploits people whether they are under 18 or not in a sexual or violent manner;
· harasses or advocates harassment of another person;
· contains false statements or misrepresentations that could damage you, us or a third party;
· contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
· 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; and
· engages in commercial activities and/or sales without our prior written consent, including, without limitation as contests, sweepstakes, barter, or advertising.
· constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
· contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
· otherwise restricts any person from using the Site, or, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
You further agree not to:
· use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Site, or for purposes of registering for any promotions offered through the Site;
· delete or revise any material or other information of any other user of the Site;
· harvest, collect, or send information about others, including e-mail addresses, without their consent;
· take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Site;
· use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Site or any activity being conducted on this Site;
· use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest or otherwise collect information from the Site to be used for any commercial purpose;
· allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
· attempt to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
· accessing data not intended for you or logging into a server or account that you are not authorized to access;
· attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
· attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Site;
· sending unsolicited e-mail, including promotions and/or advertising of products or services; or
· forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
The above list is illustrative and not exhaustive of all potential inappropriate and/or illegal conduct.
We may investigate occurrences that may involve violations of the security of the Site or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Offline Conduct. Although the Los Angeles Rams cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
No Commercial Use. The bulletin board, chat and other areas of this Site may not be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
No Modification or Redistribution. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior express written permission of the Los Angeles Rams.
Unauthorized Use of the Site. Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Copyright Policy. We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes, and nothing otherwise stated or implied in the Site confers on you any license or right to do so.
You may use the Site and the contents contained in the Site solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Site, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).
If you believe that materials that have been posted on the Site have copied your work in a way that constitutes copyright infringement, please provide the Los Angeles Rams Copyright Agent (attn: Vice President of Legal Affairs, 29899 Agoura Rd, Ste 210, Agoura Hills, CA 91301) the following information:
- Complete contact information, including first and last name, mailing address, phone number, and email address.
- Identification of the copyrighted work in which you claim the copyright has been infringed.
- Identification of the basis for your claim of copyright.
- A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Site that you believe violates your trademark rights.
- An explanation of how you believe this content infringes your copyright.
- If you are not the owner of the copyright, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
- A declaration that:
A. You have a good faith belief that use of the copyright described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law;
B. The information in your notice is accurate to the best of your knowledge and belief;
C. Under penalty of perjury, you are the owner of the copyright allegedly infringed, or are authorized to act on behalf of the owner of that copyright.
D. Your electronic signature or physical signature.
Upon our receipt of a takedown notice complying materially with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f).
Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.
Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
Trademarks. The Los Angeles Rams, the Los Angeles Rams logo and design are trademarks of The Los Angeles Rams, LLC. All rights reserved. Third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Site confers on you any license or right to do so.
The Los Angeles Rams respects the intellectual property rights of others, and takes intellectual property concerns seriously. The Los Angeles Rams reserves the right to remove any content from its Site for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, we will, and expressly reserve the right to, disable and/or terminate the accounts of users who are repeat trademark infringers.
If you believe in good faith that any content on the Site violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to Los Angeles Rams (Attn: Vice President of Legal Affairs, 29899 Agoura Rd, Ste 210, Agoura Hills, CA 91301) (with the subject line "Trademark Notice") containing the information set forth below:
1. Complete contact information, including first and last name, mailing address, phone number, and email address.
2. Identification of the specific word, symbol, or phrase in which you claim trademark rights.
3. Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
4. The country, territory, or jurisdiction in which you claim trademark rights.
5. The category of goods and/or services for which you claim you are entitled to trademark rights.
6. A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Site that you believe violates your trademark rights.
7. An explanation of how you believe this content infringes your trademark.
8. If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
9. A declaration that:
a. You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
b. The information in your notice is accurate to the best of your knowledge and belief;
c. Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
d. Your electronic signature or physical signature.
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f).
Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.
Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
Disclaimers. The Los Angeles Rams do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. The Los Angeles Rams cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. The Los Angeles Rams disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose, or of non-infringement of intellectual property or proprietary rights. The Los Angeles Rams will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. The Los Angeles Rams make no guarantee of any specific result from use of this Site. The Los Angeles Rams disclaim any and all liability for the acts, omissions and conduct of any third-party users, the Los Angeles Rams users, advertisers and/or sponsors on the Site, in connection with the Los Angeles Rams services or otherwise related to your use of the Site and/or the Los Angeles Rams services. The Los Angeles Rams are not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.
Limitation on Liability; Release. UNDER NO CIRCUMSTANCES SHALL THE RAMS OR ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR RELATED SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Rams OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE Rams AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIFTY U.S. DOLLARS ($50.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, THE RAMS, AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR RELATED SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Disputes. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles.
Arbitration. 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:
You and the Rams 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 Rams’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the Rams 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.
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 Rams 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 most current existing JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and the Rams will pay all other administrative costs and fees. In addition, for claims of less than $1,000, the Rams will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in Los Angeles, California. 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.
The arbitrator will decide the rights and liabilities, if any, of you and the Rams, 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 Rams. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
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 Rams in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE RAMS 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.
You can decline this agreement to arbitrate by emailing The Rams at email@example.com and providing the requested information as follows:
1. Your name;
3. your address;
4. your phone number;
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.
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 California, 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 Los Angeles or, for matters not susceptible of adjudication in the federal courts, the courts of the State of California located in Los Angeles County, in all disputes arising out of or relating to the use of the Site.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Rams with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
United States Jurisdiction. The Site is operated out of the United States of America. We do not represent that content or materials presented on the Site are appropriate (or, in some case, unavailable) for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.
Indemnity. You agree to indemnify and hold harmless The Los Angeles Rams, LLC, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders, Sponsors or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to, arising out of, or in connection with: (i) any User Content that you submit, post to or transmit through the Site; (ii) your use of the Site; (iii) your online conduct in connection with the Site; (iv) your use of any Modular Content; (v) your violation of this Agreement or your violation of any rights of another; (vi) your failure to comply with any applicable laws or regulations in connection with the Site; (vii) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Site; or (viii) any of your dealings or transactions with other persons resulting from use of the Site. You shall not settle any such claim without the prior written consent of the Los Angeles Rams. These obligations will survive any termination of this Agreement.
Severability and Integration. This Agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Site changes to this Agreement, or by a subsequent writing signed by us.
No Waiver. Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. Unsolicited Submissions. Although we are pleased to hear from Rams fans and welcome your comments regarding the Los Angeles Rams, it is our policy not to accept or consider any submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts, or materials developed by the Los Angeles Rams might appear similar to your submission(s). Accordingly, we must ask that you do not send us any unsolicited submissions. We assume no responsibility for reviewing such submission and we will not incur any liability as a result of any similarities between your submission and future Los Angeles Rams designs, products, programs, or otherwise. In the event you do submit unsolicited submissions, such submissions shall be deemed the property of the Los Angeles Rams. Any unsolicited submission is hereby granted by you to the Los Angeles Rams and we may use, copy, sublicense, adapt, transmit, distribute, publish, display or delete them as we see fit, in our sole discretion. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against the Los Angeles Rams or any of our affiliates, sponsors employees, agents, directors, officers and shareholders, relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we are hereby granted exclusive ownership of all now-known or hereafter existing rights to unsolicited submissions of every kind and nature throughout the universe and are hereby entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the submission.
Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Site, with or without notice and with or without cause. Termination of your access to the Site means the revocation of the limited and temporary license and permission to use the software and other resources of the Site we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Site and of this Agreement. In addition, because the license you grant to us in User Content is perpetual, termination of this agreement does not terminate our license to use User Content as described elsewhere in this Agreement.
Notices; Contacts. All notices, demands, and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Site or sending an e-mail to you at the e-mail address that is currently associated with your account if you have one. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
The Los Angeles Rams, LLC
Attention: Vice President of Legal Affairs
29899 Agoura Rd, Ste 210
Agoura Hills, CA 91301
All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described above under the heading “Copyright Policy”. If you have any questions about these Terms, then please contact us at website@Rams.com, or at the postal address set forth above.