AMBSE Mobile Terms and Conditions
End-User License Agreement for Mobile Terms and Conditions
This Mobile App End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") on one hand and AMB Sports & Entertainment, LLC ("AMBSE") and its affiliated companies, Atlanta Falcons Football Club, LLC (the "Falcons"), Atlanta United Football Club, LLC ("AUFC") and Atlanta Falcons Stadium Company, LLC ("StadCo") on the other hand. AMBSE, the Falcons, AUFC and StadCo shall herein after collectively be referred to as the "AMBSE Entities". This Agreement governs your use of the Atlanta Falcons Mobile App, the Atlanta United Mobile App and the Mercedes-Benz Stadium Mobile App, on your Mobile Device (as hereinafter defined), (including all related documentation, collectively the three Apps are hereinafter referred to as the "App"). The App is licensed, not sold, to you.
TERMS OF USE
BY DOWNLOADING, INSTALLING OR USING THE SERVICES YOU (A) ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD IMMEDIATELY UNINSTALL THE APP AND DISCONTINUE ITS USE. CONTINUED USE OF THE APP SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
The App is hosted in and provided from the United States of America ("U.S.") and is intended for users located within the U.S. If you are a resident of the EU or other regions with laws governing data collection and use that may differ from U.S. law and use the App you should be aware that by doing so you are transferring the personal information you enter into the site to the U.S. for storage and processing and that the U.S. does not have the same data protection laws as the EU, and some other regions. There are additional terms applicable to residents of the EU who choose to use the App (see Section 1 below for the Falcons Privacy Policy for the Atlanta Falcons Mobile App and the Mercedes-Benz Stadium Mobile App, and the MLS Privacy Policy for the Atlanta United Mobile App). If you are a resident of the EU and do not agree with the terms applicable to residents of the EU you should not use the App.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH, PERSONS WHO RESIDE IN THE PEOPLE'S REPUBLIC OF CHINA, BURMA, CUBA, IRAN, LIBYA, MALAYSIA, NORTH KOREA, SUDAN, OR ANY OTHER 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 WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW MAY NOT DOWNLOAD OR USE THE APP (A "PROHIBITED COUNTRY").
1. Usage Rules
For the iPhone and iPad version of the App ("iOS App"), this Agreement incorporates and supplements the Apple, Inc. ("Apple") Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed App End User Agreement therein ("Apple Terms" – available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For the Android phone or tablet version of the App ("Android App") this Agreement incorporates and supplements the Google, Inc. ("Google") Google Play Terms of Service (available at https://play.google.com/intl/enus/about/play-terms.html) and Android Market Terms of Service (available at http://www.google.com/mobile/android/market-tos.html) ("Google Terms").
In addition to the Apple Terms and the Google Terms, this Agreement incorporates and supplements other terms, conditions, and policies of the AMBSE Entities, the National Football League and Major League Soccer, as applicable (the "Additional Policies"). The Additional Policies include, without limitation, the following items, which may be changed or updated from time to time without notice:
• NFL Terms and Conditions, viewable at http://www.nfl.com/help/terms
• NFL.com Privacy Policy, viewable at http://www.nfl.com/help/privacy
• Atlanta Falcons Privacy Policy, viewable at https://www.atlantafalcons.com/about/privacy-policy
• Major League Soccer Privacy Policy, viewable at https://www.mlssoccer.com/privacy-policy
• Major League Soccer Terms of Service, viewable at https://www.mlssoccer.com/terms-service
If any of the provisions of the Additional Policies conflict with this Agreement, this Agreement will control, solely to the extent the conflicting terms apply to the App.
The Apple Terms, Google Terms and Additional Policies are sometimes collectively referred to in this Agreement, as applicable, as the "Usage Rules".
2. End-User License
Subject to the terms of this Agreement, the AMBSE Entities grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download, install and use, as applicable:
(a) the iOS App for personal, non-commercial use only on an Apple iPhone, iPad, or iPod Touch owned or controlled by you ("iOS Device") solely as permitted by the applicable Usage Rules and in accordance with this Agreement; or
(b) the Android App for personal non-commercial use only on an Android phone or tablet owned or controlled by you (the "Android Device") solely as permitted by the applicable Usage Rules and in accordance with the terms of this Agreement (the license granted in clause (a) or (b), as applicable, the "User License"). The iOS Device and Android Device are sometimes collectively referred to herein as a "Mobile Device".
3. License Restrictions
Any use of the App not expressly permitted in Section 2 is prohibited. Without limiting the generality of the foregoing, you will not:
(a) copy the App (including any text, images, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App ("Content")), except as expressly permitted by the User License;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of, from or to the App or the Content;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App, the Content or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or any Content, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, the Content, or any features or functionality of the App or any Content, to any third party for any reason, including by making the App or any Content available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or any Content.
If you breach any of these restrictions, you may be subject to prosecution and damages. This Agreement and User License also govern any updates to, or supplements or replacements for the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
4. Reservation of Rights
You acknowledge and agree that the App (including any Content) is provided under license, and not sold, to you. You do not acquire any ownership interest in the App or any Content under this Agreement, or any other rights thereto other than to use the App in accordance with the User License, and subject to all terms, conditions, and restrictions, under this Agreement. The AMBSE Entities and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the App and all Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. External Services; Third-Party Materials
(a) The App may enable access to the AMBSE Entities' or third-party services and websites outside of the App (collectively and individually, "External Services"). External Services include, but are not limited to, SKIDATA, Shift4, Ticketmaster, your Atlanta Falcons and Atlanta United online season ticket management, as applicable, the official Atlanta Falcons and Atlanta United Online Store, as applicable, Facebook, Twitter, and other social media platforms.
(b) In addition, the App may display, include, or make available third-party content (including data, information, applications, and other products, services, and materials from External Service Providers and others) or provide links to External Services, including through third-party advertising (collectively, "Third-Party Materials").
(c) You acknowledge and agree that the AMBSE Entities are not responsible for, and will not be liable for, External Services or Third-Party Materials, or for any other materials, products, or services of any third party, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. External Services, Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to additional terms and conditions. The AMBSE Entities reserve the right to change, suspend, remove, or disable access to any External Service or Third Party Material at any time without notice. In no event will the AMBSE Entities be liable for the removal of or disabling of access to any External Service or Third Party Material. The AMBSE Entities may also impose limits on the use of or access to certain External Services and Third Party Materials, in any case and without notice or liability to you.
(d) You agree that the External Services and Third-Party Materials contain proprietary content, information, and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright. You will not use External Services or Third Party Materials in any way whatsoever except as expressly permitted by the applicable External Services or Third-Party Materials, nor will You use External Services or Third Party Materials] in any manner that is inconsistent with this Agreement or that infringes any intellectual property rights of a third party or the AMBSE Entities.
6. Term and Termination
(a) The term of this Agreement commences when you download/install the App and will continue in effect until terminated by you or the AMBSE Entities as set forth in this Section 6.
(b) You may terminate this Agreement at any time by deleting the App and all copies thereof from your Mobile Device.
(c) The AMBSE Entities may terminate this Agreement at any time without notice, if the AMBSE Entities cease to support the App or otherwise. In addition, this Agreement will terminate immediately and automatically without notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will terminate; and
(ii) you will cease all use of the App and delete all copies of the App, full or partial, from your Mobile Device and account.
(e) Termination will not limit any of the AMBSE Entities' rights or remedies at law or in equity.
7. User Information
Various App features, such as access to season tickets, account management, and interaction with social media sites, may use, maintain, or transmit personal information, including, without limitation, your name, password, email address, address, location, purchase history, financial information (including credit card information), GPS location information, and information for and from third-party social media accounts (collectively "User Information").
By using the App, you consent to the transmission of User Information to each of the AMBSE Entities, including their respective agents and third-party partners, and consent to each of the AMBSE Entities, including their respective agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for App functionality and for the purposes disclosed in the Falcons Privacy Policy and Atlanta United Privacy Policy, as applicable. The relevant Privacy Policy is viewable within the App; to view it, go to the "More" Tab, and then scroll down to the link for "Privacy Policy."
You further agree that each of the AMBSE Entities, the service providers, and others involved in creating or providing the App, may collect and use technical data and related information—including, but not limited to, technical information about your Mobile Device, system and App software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App.
The AMBSE Entities, the service providers, and others involved in creating or providing the App may use this information to improve the App or to provide services or technologies to you.
8. Your Responsibility for Your Mobile Device
You are solely responsible for:
(a) the confidentiality and security of User Information sent from or stored on your Mobile Device by the App,
(b) taking precautionary steps to protect User Information stored on your Mobile Device, including, without limitation, password-protecting the Mobile Device and employing a remote-wipe feature, and
(c) all transactions and activities undertaken via your Mobile Device or account whether authorized by you or not, including, without limitation, any and all unauthorized purchases made from the official Online Stores or from Ticketmaster.
You agree to immediately notify the AMBSE Entities in writing of any suspected unauthorized transactions associated with the App or any other breach of security. None of the AMBSE Entities will be responsible for any losses arising from loss or theft of User Information due to unauthorized or fraudulent transactions related to your Mobile Device.
9. Prohibited Uses
Use of the App (including the Wallet Feature, as defined below) is limited to the contemplated functionality. You will not use the App in any way that does or could be deemed to do any of the following:
(a) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, trademark, copyright, rights of publicity or other proprietary rights);
(b) Is unlawful, fraudulent, or deceptive;
(c) Uses technology or other means to access unauthorized content or non-public spaces, including, but not limited to, use of "bots," "spiders," or "crawlers;"
(d) Attempts to (i) introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (ii) damage, disable, overburden, or impair the AMBSE Entities servers or networks, or (iii) gain unauthorized access to the AMBSE Entities computer network(s) or any user account(s);
(e) Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(f) Violates this Agreement in any manner; or
(g) Fails to comply with applicable third-party terms and conditions or other third-party policies;
Each of the AMBSE Entities reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the App, including but not limited to the Wallet Feature, that any AMBSE Entity reasonably believes is or might be in violation of this Agreement or applicable law, but failure or delay in taking such actions does not constitute a waiver of any AMBSE Entity's rights to enforce this Agreement.
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 a Prohibited Country or listed on any U.S. Government list of prohibited or restricted parties.
The App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the U.S.
10. User-Generated Content
You may generate content, written or otherwise, while using the App ("User-Generated Content"). You hereby:
(a) acknowledge and agree that you and you alone are responsible for your own User Generated Content, and
(b) grant to the AMBSE Entities and their successors or designees a worldwide, irrevocable, transferrable, sublicensable, fully-paid, royalty-free, non-exclusive license to reproduce, display, modify, delete from, add to, adapt, publish, prepare derivative works from, and otherwise use your User-Generated Content in any way, including, but not limited to, in advertising and product marketing campaigns; and that with respect to the AMBSE Entities' use of User-Generated Content, to the extent allowable under applicable law, you waive in favor of the AMBSE Entities, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that you may now or later have to the User-Generated Content.
11. Wallet Feature
(a) The mobile wallet feature of the App ("Wallet Feature") allows you to store virtual representations of certain credit and debit cards issued in the U.S. (each a "Supported Payment Method") and use supported devices to make contactless payments through Supported Payment Methods at the designated concessionaires and retail locations at the Mercedes-Benz Stadium (the "Stadium"), and to certain designated official retail stores or food, beverage or merchandise concessionaires outside the Stadium as determined by AMBSE Entities (each a "Designated Concession").
(b) In order to use the Wallet Feature you must have a credit or debit card or other payment method supported by the Wallet Feature. Supported Payment Methods may change from time to time with or without notice. By adding a Supported Payment Method to and using the Wallet Feature, you authorize each of the AMBSE Entities to collect and store the credit card and other payment method information for the Supported Payment Method used and to share it with any Designated Concession with which you attempt to engage in a purchase or other transaction using a Supported Payment Method and any third parties that may provide or support the Wallet Feature. The Wallet Feature is only available to individuals who reside in the U.S., and may be subject to additional age-based, geography-based, or other restrictions imposed by the Supported Payment Method that you are trying to use or a third party that provides or supports the Wallet Feature.
(c) When using the Wallet Feature you may only use your own Supported Payment Methods that are issued in your name in the U.S. If you are using a corporate Supported Payment Method, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to this Agreement and all transactions effected by use of the Wallet Feature.
(d) You agree not to use the Wallet Feature for illegal or fraudulent purposes, or any other purposes that are prohibited by this Agreement. You further agree to use the Wallet Feature in accordance with all applicable laws and regulations. You agree not to interfere with or disrupt the Wallet Feature (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon).
12. Updates.
The AMBSE Entities may from time to time in their sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the AMBSE Entities have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You will promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
13. Indemnification
To the fullest extent allowable under applicable law, you agree to indemnify and hold harmless the AMBSE Entities, including their agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the App, violation of this Agreement, or violations of any rights of a third party, or any allegation thereof. The AMBSE Entities reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
14. No Warranties
THE AMBSE ENTITIES ARE PROVIDING THE APP AND CONTENT "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. YOU USE THE APP AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE AMBSE ENTITIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
15. No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE AMBSE ENTITIES OR THEIR AGENTS, AFFILIATED COMPANIES, EMPLOYEES, CONTRACTORS, DIRECTORS, AND OFFICERS, OR ANYONE INVOLVED IN CREATING OR PROVIDING THE APP OR CONTENT:
(a) BE LIABLE (i) WITH RESPECT TO USE OF THE APP; OR (ii) FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION; OR
(b) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION.
THE AMBSE ENTITIES, THEIR AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Trademarks
Each of the AMBSE Entity's name, logo and other marks, graphics and logos and designations of source used in connection with the App are trademarks of the respective AMBSE Entity (collectively "AMBSE Marks"). Other trademarks, service marks, graphics, logos and other source indicators used in connection with the App, including those of the NFL or its member teams, and those of Apple, Google, External Service providers and providers of Third Party Materials, are the trademarks of their respective owners (collectively "Third Party Marks"). Nothing contained in the App or other websites accessed hereby will be construed as granting you, by implication, or otherwise, permission to use any AMBSE Marks or Third Party Marks. The AMBSE Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the respective AMBSE Entity or the applicable trademark holder.
17. Rules for Sweepstakes, Contests, Raffles, Surveys, and Similar Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the App may be governed by specific rules that are separate from and in addition to this Agreement. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from this Agreement, and which are incorporated into this Agreement.
18. Choice of Law, Dispute Resolution
(a) The App is controlled and operated by the AMBSE Entities and its third-party service providers from within the U.S., and is intended for use only by residents of the U.S. The AMBSE Entities make no representations or warranties that the App or any Content are appropriate or lawful in any foreign countries, or that any External Services or Third Party Materials will be available outside the U.S. Those who choose to access the App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.
(b) This Agreement will be governed by the laws of the U.S. and the State of Georgia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved as described below will be resolved exclusively by a court of competent jurisdiction, federal or state, located in Atlanta, Georgia, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
(c) If you have a problem or a dispute regarding this Agreement or the App, you agree that you will notify the AMBSE Entities in writing at Mercedes-Benz Stadium, 1 AMB Drive, Atlanta, Georgia 30313 and give the AMBSE Entities an opportunity to resolve your problem or dispute. You then agree to negotiate with the AMBSE Entities in good faith to resolve your problem or dispute. If your problem or dispute is not resolved satisfactorily within 60 days after AMBSE Entities receipt of your written description of it, you agree to the further dispute resolution provisions below.
(d) You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the App or this Agreement, will be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the AMBSE Entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights (including the AMBSE Marks or any Third Party Marks), in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the AMBSE Entities or the applicable third party(ies). You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision).
(e) Arbitration under this Agreement will be conducted by the American Arbitration Association (the "AAA"). For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
(f) To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APP, AND NO CLASS ARBITRATION PROCEEDINGS WILL BE PERMITTED. If this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE AMBSE ENTITIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
(g) In no event will any claim, action, or proceeding by you related in any way to the App or this Agreement be instituted more than one year after the cause of action arose.
19. Severability
If any of terms of this Agreement are deemed invalid, void, or for any reason unenforceable, those terms will be deemed severable and will not affect the validity and enforceability of any remaining terms. Failure of the AMBSE Entities to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision in that or any other instance.
20. Modifications
We may, in our sole discretion, modify these Terms with or without notice to you. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you agree to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
21. Third Party Beneficiaries
You agree that our service providers, licensors, or others involved in creating or providing the App are third party beneficiaries to this Agreement and may rely upon the provisions of this Agreement, including, but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability. Without limiting the generality of the foregoing, you acknowledge and agree that Apple, Apple's subsidiaries, and Google, are third party beneficiaries of the User License, and that Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the User License against you as a third party beneficiary thereof.
22. Entire Agreement
This Agreement, the terms and conditions referenced herein and our Privacy Policy constitute the entire agreement between you and the AMBSE Entities with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
23. Contact Us
If you have any questions, complaints or claims regarding the App or our privacy practices, you can email us at **fans@falcons.nfl.com**
24. Copyright Policy
We respect the intellectual property rights of others and require that the App users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company's Copyright Agent at the address set forth below, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: (a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attention: Copyright Agent:
Atlanta Falcons Football Club
4400 Falcon Parkway
Flowery Branch, GA 30542
P: 470-341-5001
copryightagent@falcons.nfl.com
