PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING NEWYORKJETS.COM OR NEWJETSSTADIUM.COM (the "Sites")
Ownership of Intellectual Property and Restrictions on Use
The Jets Shop
You may order products and services online from the Jets Shop. By placing an order through the Jets Shop, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses. Sports Avenue is solely responsible for the fulfillment of orders placed in the Jets Shop, for shipping products and for billing for products and services ordered through the Jets Shop. You may contact Sports Avenue at 1-800-747-JETS or by postal mail at: Sports Avenue Corporate Office, 4449 48th Avenue Court, Rock Island, IL 61201.
You agree to indemnify, defend and hold harmless, NewYorkJets.com, NewJetsStadium.com, the New York Jets, Jets Stadium Development, LLC and their respective affiliates, as well as each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all claims, losses, expenses, liabilities, damages and costs, including attorneys' fees, arising out of or relating to (i) any violation of this agreement by you and (ii) the use of the Sites by you. NewYorkJets.com and NewJetsStadium.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with NewYorkJets.com and/or NewJetsStadium.com in asserting any available defenses.
Disclaimer and Limitation of Liability
You hereby agree not to hold NewYorkJets.com, NewJetsStadium.com, the New York Jets, Jets Stadium Develoment, LLC, their affiliates, and their respective officers, directors, employees, agents, licensors and representatives liable for any services delivered which originated through the Sites or was otherwise provided by someone affiliated with the Sites and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THE MATERIALS IN THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, NEWYORKJETS.COM, AND NEWJETSSTADIUM.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, NEWYORKJETS.COM, AND NEWJETSSTADIUM.COM DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT NEWJORKJETS.COM, NEWJETSSTADIUM.COM, THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITES AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE NEW YORK JETS, JETS STADIUM DEVELOPMENT, LLC, NEWYORKJETS.COM, NEWJETSSTADIUM.COM, OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
Our Copyright Agent for notice of claims of copyright infringement on the Service is the Webmaster of the Sites and can be reached at:
New York Jets LLC
One Jets Drive
Florham Park, NJ 07932
Attn: Hymie Elhai
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
Chat Rooms, Forums, Message Boards, and Blog Services
The New York Jets may make chat rooms, forums, message boards, and blogs available to the users of the Sites (the "Services"). You are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, message board or blog. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Content Posted on the Sites
You are solely responsible for any messages or other materials you may provide in connection with the Services ("User Content") and the New York Jets and Jets Stadium Development, LLC accept no responsibility whatsoever in connection with, or arising from, such User Content. Neither the New York Jets nor Jets Stadium Development, LLC endorse or have any control over the User Content submitted by others. User Content is not necessarily reviewed by the New York Jets or Jets Stadium Development, LLC prior to posting and does not necessarily reflect the opinions or policies of the New York Jets or Jets Stadium Development, LLC. The New York Jets and Jets Stadium Development, LLC make no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, you agree that the New York Jets and Jets Stadium Development, LLC have the right to reject User Content and to edit, restrict or remove such User Content for any reason at any time. The New York Jets and Jets Stadium Develoment, LLC assume no responsibility for actively monitoring the Service for User Content the New York Jets or Jets Stadium Development, LLC deems inappropriate. If, at any time, either the New York Jets or Jets Stadium Development, LLC chooses, in its sole discretion, to monitor the Services, the New York Jets and Jets Stadium Develoment, LLC, as applicable, nonetheless assume no responsibility for the User Content, have no obligation to modify or remove any inappropriate User Content, and have no responsibility for the conduct of any user submitting any User Content.
You agree to strictly limit your User Content to discussions about the subject matter for which the Service is intended. You also agree to permit any other user of the Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Services by any other person.
You hereby grant to the New York Jets and Jets Stadium Development, LLC the perpetual non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, duplicate and translate such User Content. A back-up or residual copy of the content posted by you to the Services may remain on the New York Jets or Jets Stadium Development, LLC servers after removal of such User Content from the Sites, and the New York Jets and Jets Stadium Development, LLC retain the rights to those copies. You represent and warrant that: (i) you own the User Content posted by you to the Services or otherwise have the right to grant the license set forth in this section, (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content to the Services does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post to the Services.
Prohibited User Content and/or Activity
You must use the Services in a manner consistent with any and all applicable laws and regulations. You agree that the New York Jets and Jets Stadium Development, LLC have the right to reject, remove, or edit any User Content in its sole and absolute discretion. The following list is for illustrative purposes, and in no way is exhaustive, of the kind of User Content that is illegal or prohibited while utilizing the Services. Each of the New York Jets and Jets Stadium Development, LLC reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Services and terminating your use of the Services. Prohibited Content includes User Content that:
• is obscene, patently offensive, or promotes terrorism, racism, bigotry, hatred or physical harm of any kind against any group or individual
• harasses or advocates harassment of another person
• contains nudity, violence, or offensive subject matter
• involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
• exploits people in a sexual or violent manner
• solicits personal information from anyone under 18
• provides any telephone numbers, street addresses, last names, URLs or email addresses of any person
• violates the copyright, trademark or other intellectual property rights, privacy rights, or any other rights of any person
• furthers or promotes any criminal activity or enterprise or 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
• involves commercial activities and/or sales without the prior written consent of the New York Jets, such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes