Terms & Conditions
These Terms and Conditions (the “Terms”) describe the terms and conditions governing your use of the services, data, software, applications (including mobile applications), website (https://www.fowleravenue.com) (the “Website”), and tools (collectively “Services”) provided Fowler Avenue LLC (“Fowler Avenue,” “we,” “us”, or “our”).
Please read the following Terms carefully.
These Terms contain provisions that govern how claims between you and us are resolved (see Section 11, Consent to Arbitration with Fowler Avenue below).
1. Changes to Terms and Services.
Fowler Avenue may change these Terms without notice to you. You should view these Terms often to stay informed of any changes that may affect you. YOUR CONTINUED USE OF SERVICES FOLLOWING THE POSTING OF REVISED TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES.
The version of these Terms posted on each respective date you visit the Website and/or Services will be the Terms applicable to your access and use of the Services on that date. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.
We may update the content on the Services from time to time, but the content is not necessarily complete or up to date. Any of the material on the Website or other Services may be out of date at any given time, and we are under no obligation to update such material.
Fowler Avenue is a private organization that provides member-users (users) the ability to join an exclusive community of USF fans and gain exclusive access to USF athletes through member-only activities and benefits. The benefits that Fowler Avenue members receive, the services that Fowler Avenue provides to members, and activities available to Fowler Avenue members will collectively be known as the “Services.” Fowler Avenue is primarily a monthly subscription-based organization. Anyone 18 and older may join Fowler Avenue by entering the Website https://www.fowleravenue.com and signing up for an account. Membership requires non-refundable monthly payments.
There are multiple membership options available to Fowler Avenue members. With each membership option, the monthly price increases and the Fowler Avenue benefits available to the member increases.
Fowler Avenue members receive exclusive access to the Services. These include, but are not limited to, access to in-person events with fellow members and USF athletes, such as camps and clinics, social events, meet and greets, autograph sessions, and private events, discord community groups, exclusive apparel and goods, and virtual events featuring USF athletes.
By using the Website and Services, you agree that you are making use of our Services at your own risk.
3. Accounts, Passwords, and Security.
To view or browse the Fowler Avenue Website and/or otherwise utilize the Services, you may be obligated to create an account using an email address and password. When you register to create an account, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to notify Fowler Avenue immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Fowler Avenue or any other person or entity due to another person using your account or password. You may not transfer or assign your account. You have the right to cancel your account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account is your sole right and remedy with respect to any dispute you may have with us.
4. Pricing and Fees.
(a) Pricing Information. All pricing and fees for the Services are set forth on the Website (“Membership Packages”). You agree that Fowler Avenue is not responsible for reporting, collection or payment of any taxes on your behalf. Certain features of the Service, such as the main membership subscription service, may require you to pay fees, including all applicable taxes. Fowler Avenue reserves the right to determine pricing for the Service. Fowler Avenue may change the fees for any feature of the Service, including additional fees or charges, if Fowler Avenue gives you advance notice of changes before they apply. Fowler Avenue, at its sole discretion, may make promotional offers with different features and different pricing to any of Fowler Avenue users or members. These promotional offers, unless made to you, will not apply to your offer or this Agreement.
(b) Memberships. The Fowler Avenue membership pricing is currently:
Green Level - $10.00 per month
Gold Level - $25.00 per month
1956 - $56.00 per month
Stampede - $100.00 per month
Horns Up - $200.00 per month
(c) Payment Methods. Payment may be made through Visa, MasterCard, American Express, Discover, and PayPal accounts. Payments are non-refundable and there is no monthly minimum for memberships. The membership fees are recurring and will automatically be charged to each account on the 1st day of each new month. Memberships may be cancelled through the Website at any time.
(d) General Payment Terms. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise agreed, all fees are in U.S. Dollars and are non-refundable. Fowler Avenue reserves the right to change the required method of payment at any time, upon notice to you. You are responsible for updating your account information should the required payment method change. Monthly billing will be based upon the number of users at the beginning of the period, plus prorated billing for any added users and without reduction for users removed during the period. All fees paid hereunder are non-refundable and non-recoupable. You agree that your purchases under this Agreement are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by us regarding future functionality or features.
(e) Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Fowler Avenue to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews to avoid charging of the next periodic Subscription Fee to your account.
(f) Delinquent Accounts. Fowler Avenue may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees, charges or expenses (including attorneys’ fees) that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Fowler Avenue may monitor the integrity of the Website and Services and may take steps to protect the Website and Services determined by Fowler Avenue in its sole discretion. If Fowler Avenue believes that a user, member, or other entity/person is attempting to interfere with the operation of the Website or Services, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a service on the Website, then, without limiting any other rights, Fowler Avenue reserves the right to do any or all of the following: (i) remove any or all of the user’s/person’s listings from the Website and/or Services; (ii) cancel any or all of the user’s/person’s purchases pending through the Services; (iii) withhold any payments due to the user/person; (iv) place limits on a user’s/person’s privileges; (v) charge user’s/person’s credit card or other payment account for costs, expenses and fees incurred by Fowler Avenue as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; and (vii) temporarily or permanently suspend the user’s/person’s account.
6. Limitations and Restrictions.
By using the Website or Services, you agree not do any of the following:
use our Services to solicit sales outside of Fowler Avenue or to contact any user of the Services;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
engage in abusive treatment of other users of the Services or any Fowler Avenue employee;
create a false identity for the purpose of misleading others or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
delete or revise any material posted by any other person or entity;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including e-mail addresses;
use Fowler Avenue’s trademarks, copyrights, or marks without our written permission;
upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
attempt to gain any unauthorized access to the Websites or the Services, including computer systems, software, or networks; or
do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.
7. Intellectual Property.
You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Fowler Avenue or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws.
All content associated with the Website and Services is the exclusive property of Fowler Avenue and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
Fowler Avenue grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website, the Services, or any other content available via the Website or the Services. All rights not expressly granted to you in these Terms are reserved and retained by Fowler Avenue.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
8. User Content.
If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content. If Fowler Avenue does decide, in its sole discretion, to attribute User Content to you, you hereby grant Fowler Avenue the right to use your name (and/or any username), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Fowler Avenue doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.
You agree that Fowler Avenue (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content, even if Fowler Avenue receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Fowler Avenue under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate these Terms and the lawful functioning of the Services
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) Fowler Avenue isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Fowler Avenue shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Fowler Avenue may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Fowler Avenue without any obligation of Fowler Avenue to you; (f) Fowler Avenue is free to use any ideas, concepts, or techniques that you send Fowler Avenue for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from Fowler Avenue under any circumstances.
You shall, to the fullest extent permitted by law, indemnify, defend and hold Fowler Avenue and our affiliates and their respective principals, officers, directors, agents, employees, representatives, successors and assigns, harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of these Terms, including but not limited to your User Content, (c) your improper use of the Website or Services, (d) your violation of any law or the rights of a third party, (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; or (f) your breach of any provision of any contract between yourself and Fowler Avenue. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms and your use of the Website and Services for any reason.
10. Disclaimer of Warranties; Limitations of Liability.
You covenant not to sue Fowler Avenue and agree that you will not hold us responsible for other Users’ Content, actions, or inactions. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, and/or listing. If you have a dispute with one or more users, you release and covenant not to sue Fowler Avenue, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or reasonably suspect to exist in your favor at the time of agreeing to this release.
Fowler Avenue AND/OR OUR THIRD PARTY VENDORS, SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Fowler Avenue PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE WEBSITE AND THE SERVICES WITHOUT NOTICE. FURTHER Fowler Avenue ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR THE SERVICES. Fowler Avenue SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE OR THE SERVICES.
YOU AGREE THAT YOU ARE MAKING USE OF OUR WEBSITE AND SERVICES AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND ”AS AVAILABLE” BASIS. Fowler Avenue (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, WEBSITE, ANY ITEMS, OR ANY USER CONTENT. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED OR EXPRESS WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, Fowler Avenue (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD Fowler Avenue RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE USER CONTENT YOU PROVIDE USING THE SERVICES, OR CONTENT OF THIRD PARTIES (B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, FORMAT, LEGAL OR OTHER COMPLIANCE OR OTHER GUIDANCE PROVIDED BY Fowler Avenue, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY WEBSITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT, (J) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICES, OR (K) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES. UNDER NO CIRCUMSTANCES SHALL Fowler Avenue, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (K) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Fowler Avenue, EVEN IF Fowler Avenue WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF Fowler Avenue, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF Fowler Avenue, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, Fowler Avenue AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED (A) THE AMOUNT OF FEES OR COSTS IN DISPUTE NOT TO EXCEED THE TOTAL FEES OR COSTS WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.
11. Consent to Arbitration.
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section 11. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Fowler Avenue HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Fowler Avenue. Legal notices shall be served on Fowler Avenue’s national registered agent (in the case of Fowler Avenue) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and Fowler Avenue each agree that any and all disputes or claims that have arisen or may arise between you and Fowler Avenue relating in any way to or arising out of the Terms or your use of the Services shall be resolved exclusively through final and binding arbitration. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.
IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
YOU AND Fowler Avenue AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND Fowler Avenue AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Fowler Avenue USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND Fowler Avenue’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to Fowler Avenue should be sent to email@example.com. Fowler Avenue will send any Notice to you to the physical address we have on file associated with your Fowler Avenue account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Fowler Avenue are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Fowler Avenue may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Fowler Avenue at the following address: firstname.lastname@example.org. In the event Fowler Avenue initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Fowler Avenue account. Any settlement offer made by you, or Fowler Avenue shall not be disclosed to the arbitrator.
The arbitration shall be held in Broward County, FL or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Fowler Avenue may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Fowler Avenue, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in- person hearing is held, you and/or Fowler Avenue may attend by telephone, unless the arbitrator requires otherwise. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
If you are a new user of our Website or Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt-out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time (i.e., your first date of using the Services). You must mail your Opt-Out Notice to: email@example.com. Your Opt-Out Notice should state that you opt-out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Fowler Avenue account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
12. DMCA Notice.
If you’re a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Fowler Avenue’s Copyright Agent with the following information in writing, (pursuant to 17 U.S.C. 512(c)(3)):
a. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Fowler Avenue, the service provider, to locate the material;
d. Information reasonably sufficient to permit Fowler Avenue to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notice of claimed infringement to Dreamfield’s designated Copyright Agent, Fowler Avenue 850 LLC, c/o DREAMFIELD SPORTS LLC, at 6900 TAVISTOCK LAKES BLVD #400, ORLANDO, FL 32827 and by Email: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:
a. Your physical or electronic signature;
b. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the User Content was removed or disabled because of mistake or a misidentification; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Detroit, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If Fowler Avenue’s Copyright Agent receives a counter-notice, Fowler Avenue may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Fowler Avenue’s sole discretion.
13. Electronic Communications.
When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed given and received on the date we transmit any such electronic communication. h
14. Links to Other Websites.
For your convenience, certain hyperlinks and Services may be provided on the Websites and Services that link to other websites or social media platforms that are not under the control of Fowler Avenue (the “Linked Websites”). An example of this is the access to Discord through Fowler Avenue membership. Accessibility to the Fowler Avenue Discord community group is a benefit that Fowler Avenue provides to members. Discord is a separate, third-party communication platform that is in no way affiliated with Fowler Avenue.
Fowler Avenue does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Fowler Avenue disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Fowler Avenue arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Websites and Services do not imply that: (a) Fowler Avenue is affiliated or associated with any Linked Website; (b) Fowler Avenue is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of Fowler Avenue.
15. Disclaimer of Third-Party Information.
You acknowledge that if information, material, or functionality regarding the Services is provided by third party content providers (“Third Party Materials”), Fowler Avenue has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services or other Third-Party Materials are those of the applicable third party. Fowler Avenue does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Company.
16. NCAA Regulations.
The NCAA sponsors neither Fowler Avenue nor the Services. As you are responsible for your own activities in connection with your use of the Services, you are responsible for knowing and complying with all legislation, rules, regulations, and laws or similar rules, regulations and laws that may be promulgated from time to time by the National Collegiate Athletic Association, any successor organization or any athletic conference, league and/or other athletics governing body of which collegiate athletics institutions are a member (collectively, “Governing Bodies”), as well as any applicable rules, regulations or policies of the athletics, athletics compliance, or any other college institutions, and applicable State and Federal laws and regulations (collectively, the “Regulations”). If you act in violation of the Regulations, we may take reasonable steps in response, including, but not limited to, terminating your account and/or access to the Service and/or reporting such conduct to the Governing Bodies, NCAA institutions or other collegiate athletics institutions and/or other appropriate authorities or entities. Fowler Avenue does not knowingly promote any violations of Regulations or applicable law.
17. International Use
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and Fowler Avenue relating to your use of our Services and supersede all prior understandings and agreements between us. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by Fowler Avenue shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. Fowler Avenue may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of Fowler Avenue, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only, not for the benefit of any third party except as expressly set forth herein and except for Fowler Avenue’s permitted successors and assigns. These Terms are governed by the laws of the State of Florida, USA, without regard to conflicts of laws provisions and, except as described in Section 11, exclusive venue is in the federal and state courts located in Broward County, Florida, USA. By using the Website and/or Services and by engaging in transactions using the Website and/or Services, you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside or your principal office is located.