ASSUMPTION OF RISK AGREEMENT
The purchaser desires to participate in the Red Zone ride, also known as the Giant Wheel and/or the Forward Pass ride, also know as the Zip Line, (individually and collectively, the "Activity") at the Hall of Fame Village in Canton, Ohio owned and operated by HOF Village Newco, LLC and its wholly owned subsidiary HOF Village Play Action Plaza, LLC (collectively, "HOFV"). If participant is under age 18, the is purchaser is recognized as the parent/legal guardian of participant, and grants permission for participant to participate in the Activity. In consideration of being allowed to participate and/or having a minor child participate in the Activity, each person signing this Assumption of Risk Agreement (the "Agreement") below hereby acknowledges and agrees to the following terms and conditions:
NOTICE AND ASSUMPTION OF RISK The Activity is a recreational adventure activity. I understand that there are inherent and other risks involved in the Activity and that the Activity is a potentially hazardous activity. I expressly acknowledge and understand that participating in the Activity could result in permanent, catastrophic injury or death. By accepting the terms, I voluntarily and expressly assume for myself, and/or for the participant that I have allowed to participate in the Activity, the risk of all injuries or death while participating in the Activity at Hall of Fame Village.
I understand that the Activity may involve strenuous physical activity. I certify that participants are in good health and do not suffer from any physical or mental conditions that may affect the participant's ability to safely participate in the Activity. Pregnant women should not participate in the Activity. Individuals with back, heart, or other ailments that may prevent them from safely participating in the Activity should not participate. Please consult a doctor prior to the Activity if you have any questions regarding your ability to safely participate in the Activity.
The Activity may involve the use of equipment. I acknowledge and understand that there are certain risks associated with using such equipment. The equipment is to be used only as instructed. Misuse of the equipment may result in permanent, catastrophic injury or death. By accepting the terms, I voluntarily and expressly assume for myself, and/or for the participant that I have allowed to participate in the Activity, the risk of all injuries or death relating to the use of such equipment.
I understand that I can return my ticket for the Activity for a FULL REFUND if I do not accept these conditions. I understand that my ticket for the Activity is revocable at any time if I do not comply with any applicable term. The ticket is non-transferrable.
INDEMNITY AGREEMENT In consideration of the use of HOFV's facilities, I agree to indemnify, hold harmless and defend HOF Village Newco, LLC, HOF Village Play Action Plaza, LLC, their associated entities, officers, directors and employees from any liabilities, losses, attorneys' fees and court costs that may result from any claims or causes of action arising from the use of HOFV's facilities (including participating in the Activity) by myself or by the minor participant for whom I authorized to participate in the Activity. I do so regardless of whether HOFV is negligent. Additionally, I agree that this Agreement shall be governed by, and construed and interpreted in accordance with the laws of the State of Ohio and any dispute arising under this Agreement or the use of HOFV's facilities (including participating in the Activity) shall be litigated in in a court of competent jurisdiction within the State of Ohio.
I acknowledge that I have read and fully understand this Assumption of Risk Agreement and accept and agree to its terms voluntarily; that I have given up substantial rights by agreeing to these terms; that I have the right to accept these either as a participant of 18 years of age or older or as the guardian or parent for the participant who is a minor and not yet 18 years of age.
- Last Updated: July 28, 2021
HALL OF FAME RESORT & ENTERTAINMENT CO. (“HOFRECO”) respects your concerns about privacy. This Privacy Notice describes the types of personal information we obtain about you when you interact with our websites, applications, and any other online services operated by or on behalf of HOFRECO (“HOFRECO Sites”), how we use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.
- Third-Party Services and Features
For your convenience and information, the HOFRECO Sites may provide links to other online services, or otherwise enable you to connect with third-party websites and apps, features, plug-ins, tools, widgets and social networking services (“Third-Party Sites”). These Third-Party Sites operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties. Your interactions with those Third-Party Sites, and your rights and obligations when accessing and using Third-Party Sites, are not governed by this Privacy Notice or our Terms of Service, and will instead be governed by the terms and policies of those Third-Party Sites. We encourage you to carefully read those terms and policies, as they may differ from ours. To the extent any third-party services or features that the HOFRECO Sites provide links to are not owned or controlled by HOFRECO, we are not responsible for these third parties’ information practices.
The types of personal information we may obtain when you visit the HOFRECO Sites may include: Contact information, such as name, telephone number and postal and email address; Account information if you create an HOFRECO account, such as username and password, profile photo, age, gender, and general location information; Information we obtain when you create, or login or connect to, an HOFRECO account using third-party social media services, or otherwise interact with the HOFRECO Sites using social media, such as social media handles, content and other data; Information you provide in connection with any sweepstakes, contests, events, or other promotions we may offer; and Other information you choose to provide, such as through communications, chat and messaging functions (e.g., Team Chat), surveys, and other interactions with the HOFRECO Sites.
In addition, we may collect your device’s geolocation information. With your permission, we may receive the precise geolocation and other location information of your mobile device through GPS, Bluetooth and WiFi signals, and other technologies to provide you with our mobile app and its features and services. Your device's operating platform may provide you with a notification when our mobile app attempts to collect your precise geolocation. Please note that if you decline to allow the mobile app to collect your precise geolocation, you may not be able to use all the app’s features or the offers available through the app.
In addition, when you visit the HOFRECO Sites, we may obtain certain information by automated means, such as cookies, web beacons, web server logs and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server. The information we may obtain in this manner may include your device IP address, identifiers associated with your device, web browser characteristics, browsing history, device characteristics, language preferences, referring URLs, clickstream data, and dates and times of website visits. We may use these automated technologies on the HOFRECO Sites to collect information about your equipment, browsing actions, and usage patterns. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with the HOFRECO Sites; (3) tailor the HOFRECO Sites around your preferences; (4) measure the usability of the HOFRECO Sites and the effectiveness of our communications; (5) offer social media features, such as to allow you to share content on third-party social networks; and (6) otherwise manage and enhance the HOFRECO Sites and our products and services, and help ensure they are working properly.
The HOFRECO Sites are not designed to respond to “do not track” (“DNT”) signals or similar mechanisms from browsers.
Your browser may tell you how to be notified about certain types of automated collection technologies and how to restrict or disable them. Please note, however, that without these technologies, you may not be able to use all of the features of the HOFRECO Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.
- How We Use the Information We Obtain
We may use the personal information we obtain to: Provide the HOFRECO Sites and our other products and services; Create and manage your account; Verify your identity; Communicate with you (including providing you with offers and other communications about our products and services), respond to inquiries, contact you about an event or program, and provide customer support; Personalize your experience on the HOFRECO Sites; Advertise and market our products and services, including providing personalized advertising; Manage and administer participation in surveys, sweepstakes, promotions or other programs; Perform analytics (which may include website analytics, market research, trend analysis, financial analysis and anonymization of personal information); Operate, evaluate and improve our business (including developing new products and services; enhancing, improving and analyzing our products and services; managing our communications and customer service function; and performing accounting, auditing and other internal functions); Maintain and enhance the safety and security of the HOFRECO Sites, products and services, and prevent misuse; Exercise our rights and remedies and defend against legal claims; Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities, and defend our rights and property or the rights or safety of third parties; and Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards and our policies and terms (including this Privacy Notice and our Terms of Service).
We also may use the information in other ways for which we provide specific notice at the time of collection.
Third-Party Analytics Services
We may use third-party analytics services on the HOFRECO Sites, such as Google Analytics. The information we obtain through the HOFRECO Sites may be disclosed to or collected directly by these services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.
We may share the information we obtain about you with our affiliates and business partners. We also may share the information we obtain about you with third-party vendors and other entities to perform services on our behalf, such as website hosting, data analytics, advertising, customer service, and other services. We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity or (6) otherwise with your consent or as directed by your representative. We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).
We offer you certain choices in connection with the personal information we obtain about you. To submit a request, please contact us as indicated in the How To Contact Us section of this Privacy Notice. You also can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails. We may occasionally send you push notifications to your mobile device. You can turn off certain push notifications in the account settings of your HOFRECO mobile app. You can also turn off push notifications specific to our HOFRECO mobile app in the settings on your iOS device.
- How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.
The Sites are designed for individuals over the age of 13.In connection with the Sites, we do not knowingly collect personal information from children under the age of 13.
- Links to Third-Party Services and Features
For your convenience and information, the HOFRECO Sites may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by HOFRECO, we are not responsible for these third parties’ information practices.
- Updates to Our Privacy Notice
We may update this Privacy Notice from time to time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the Privacy Notice when it was most recently updated.
You can submit a request or ask us questions about this Privacy Notice by using the Contact Us feature on our website. You can also email us at email@example.com.
Last Updated: July 28, 2021
Please read these Terms of Service (“Terms”) carefully. These Terms govern your access to and use of the Hall of Fame Resort & Entertainment Co.’s website(s) and mobile app (the, “App”), including all information, services and other content provided on https://hofreco.com/, https://hofvillage.com/ or within the App (collectively, the “Site”). By accepting these Terms or by accessing and using the Site, you agree that: (1) you have read and agree to be bound by these Terms, and (2) these Terms constitute a binding agreement between you and Hall of Fame Resort & Entertainment Co. (“HOFRECO,” “we,” “us,” and/or “our”). If you do not agree to these Terms, you are not permitted to access or use the Site.
ARBITRATION NOTICE: These Terms contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details.
- Representations and Warranties. By using the Site, you represent, warrant, covenant, and agree that:
- Use of the Site is not prohibited by any federal, state, municipal, local, or other laws, ordinances, statutes, regulations, treaties, or other binding legal enactments in the location in which you are located, and that you will immediately cease and desist your use of the Site should you discover such use to be prohibited by one or more controlling laws;
- You are physically situated within the United States of America, inclusive of its various states, territories, and federal enclaves, and not physically situated in any other country, principality, republic, territory, state, district or enclave;
- You are not physically located in of any of the following states: Arizona, Hawaii, Idaho, Louisiana, Montana or Washington;
- You are using the Site for yourself, and not on behalf of, for the benefit of, in cahoots with, at the direction of, or in connection with any other person or entity; and
- You have read these Terms, considered the Terms, and are electing to proceed to be bound by the Terms by virtue of your own free will and not due to any coercion or the coercive efforts of HOFRECO or any third party.
- Minimum Age. YOU MUST BE AT LEAST 13 YEARS OF AGE TO (a) USE THE SITE, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SITE, OR (c) TRANSMIT/SUBMIT/POST ANY USER CONTENT, ANY PERSONAL INFORMATION OR ANY OTHER INFORMATION TO ANY FORUM OR ANYWHERE ELSE ON THE SITE. By accessing, using and/or submitting information to or through the Site, you agree and represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms. Pursuant to 47 U.S.C. Section 230(d), as amended, HOFRECO hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The Site is not directed to, not intended for and may not be used by anyone under the age of 13.
- Service Use Verification. To use the Site’s features (collectively, the “Services,” with each such feature being a “Service”), you may be required to provide certain information concerning yourself, your various social media accounts, and/or your status with other third party persons or entities who we – in our sole and absolute discretion – deem appropriate identity verification parties. In providing information to HOFRECO, you agree to be truthful, to not materially omit relevant information, and to promptly notify us – at the address below – of any errors or omissions. For purposes of these Terms, if we ask you to provide us with your status with one or more third party persons or entities, whether for identity verification purposes or otherwise, and you furnish such information (whether by “linking” accounts, or otherwise), you are further agreeing that all information you have furnished, or will furnish, to such third party is truthful, and that you have not materially omitted any relevant information in your dealings and interactions with such third party(ies).
- Site Content. The Site, including all information, Services, images, logos, trademarks, graphics, software, and other content made available by HOFRECO on the Site (collectively, the “Site Content”) are the sole property of HOFRECO, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by HOFRECO. You may download and copy Site Content made available to you on the Site for your personal and non-commercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license set forth in these Terms, HOFRECO does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by HOFRECO, its affiliates and their licensors. HOFRECO reserves the right, at any time, to modify, suspend, or discontinue the Site, and/or any part or parts thereof with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any Site Content, functionality, promotion, or feature of the Site, the hours that the Site is available, or any fees or charges in connection with the use of the Site. You agree that HOFRECO will not be liable to you or to any third party for any such modification, suspension, or discontinuation..
- Limited License to Site Content. Subject to these Terms, we grant each user of the Site a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Site Content solely for purposes of using the Site. For avoidance of doubt, use, reproduction, modification, distribution or storage of any Site Content in connection with any activity or for any purpose other than your use of the Site is expressly prohibited.
- Limitations on User Content. You shall not upload, develop, create, share, post, image or otherwise introduce any User Content which is defamatory, tortious, obscene, libelous, slanderous or otherwise actionable in nature, nor may you – through your User Content – assault, threaten, harass, intimidate, bully, or engage in actionable conduct toward any third party. You agree to not utilize User Content to advertise any third party individual or entity, nor to advertise the services of any third party. Additionally, you will not create or introduce any User Content which is fraudulent – expressly or by omission – in nature. You acknowledge that HOFRECO may or may not pre-screen User Content, but that HOFRECO and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Site. Without limiting the foregoing, HOFRECO and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in HOFRECO’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Site.
- Use of the Site. We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site, you will not:
- Create a false identity or impersonate any person;
- Engage in any activity that is false, intentionally misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, rude, defamatory, hateful, vulgar, inciteful, racist, illicit, illegal or otherwise objectionable;
- Send, post, transmit or make available any material non-public information about any person, entity, or HOFRECO without the express authorization to do so;
- Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, or communication;
- Institute an attack upon any server used in connection with the Site or any portion thereof or otherwise attempt to disrupt such servers;
- Send, post, transmit or otherwise make available any User Content or other materials regarding hacking, cracking, exploiting, or otherwise making improper use of the Site;
- Except as lawfully allowed or expressly set forth in the Terms, modify (including without limitation making derivative works),copy, adapt, sublicense, translate, sell, reverse engineer, decompile or otherwise reduce to a human perceivable format, distribute, frame, reproduce, republish, download, display, post, transmit, transfer, license or sublicense, publicly display, sell in any form by any means or disassemble all or any portion of the Site or the Site Content;
- “Frame” or “mirror” any part of the Site without HOFRECO’s prior written authorization;
- Harvest or collect any information about users of the Site;
- Use the Site in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
- Assist or permit any persons in engaging in any of the activities described in this Section;
- circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
- interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
- transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
- Mobile Network. When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply, and you shall be solely liable for the payment of such rates and fees. Downloading, installing or using certain aspects of the App may be prohibited or restricted by your network provider and not all parts of the App may work with your network provider or device.
- Use of the Mobile App. If you are using the App, you agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using the Apple app store (“App Store”) or Google Play store, as applicable. You are responsible for reviewing the applicable App Store or Google Play store terms and conditions and complying with such terms and conditions while using the App.
- Acknowledgment of Parties. These Terms are made between you and HOFRECO, and HOFRECO, not Apple Inc. (“Apple”), is responsible for the App and the contents thereof.
- Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your App Store account via Family Sharing or volume purchasing. You will not run any version of the App on a jailbroken device.
- Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
- Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through HOFRECO, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Product Claims. You agree that your recourse for product claims arising from the App shall be through HOFRECO, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, you agree that your recourse under these Terms will be through HOFRECO and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
- Trademarks. The names, marks and logos appearing in the Site Content are, unless otherwise noted, trademarks owned by or licensed to HOFRECO. The use of these marks, except as provided in these Terms, is prohibited. From time to time, HOFRECO makes fair use in the Site Content of trademarks owned and used by third parties. HOFRECO makes no claim to ownership of those marks. You may not use HOFRECO’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, for promotional, advertising or any other commercial purpose, unless and to the extent HOFRECO specifically agrees in writing.
- Unsolicited User Ideas. HOFRECO does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Site or to HOFRECO that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to HOFRECO, including any concepts or know-how, you hereby transfer all rights in such User Ideas to HOFRECO (and its successor’s), without payment or accounting to you or others. HOFRECO is not obligated to review, evaluate, publish, or use any User Idea.
- Indemnification. You are solely responsible for all User Content that you post. HOFRECO is not responsible for User Content or User Ideas nor does it endorse any opinion contained in any User Content or User Idea. You agree to indemnify, defend and hold harmless HOFRECO and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; or (2) your breach of these Terms. HOFRECO reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Limitation of Liability. HOFRECO SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00). THESE LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF ABODE..
- No Warranty. The Site and any Site Content are provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these Terms. HOFRECO makes no representations or warranties of any kind regarding: (1) the Site Content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of the Site Content, or (B) the results obtained or to be obtained from the Site Content; or (2) the absence of any malware or other harmful code on the Site or within any Site Content. You expressly acknowledge that technological faults of yours or ours may have an adverse impact on your use of the Site, may interfere with your use of the Site, and may prevent you from being successful in one or more contests hosted on the Site – to your potential monetary detriment. You agree that we shall have no liability for any such technological faults, and that you fully assume the risk of such faults when utilizing the site. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION. .
- Termination. We may suspend or terminate all or part of your use of the Site at any time, for any reason or no reason at all, with or without prior notice to you. Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site and delete or uninstall the Site from your mobile device, as applicable. If your use of the Site is suspended or terminated, you agree not to use the Site with the identity of any third party or through the use of any alias.
- Governing Law. These Terms shall be governed by the laws of the State of Ohio, without regard to its conflict of laws principles.
- Arbitration Agreement and Class Action Waiver.
- Mandatory Arbitration. YOU AND HOFRECO AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and HOFRECO waive the right to a trial by jury and any right to have a Dispute heard in court.
- Digital Millennium Copyright Act. We take the intellectual property rights of others seriously and require that all users of the Site do so, as well. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented. If you own a copyright, or have authority to act on behalf of a copyright owner, and want to report a claim that a third party is infringing that material on or through the Site, pursuant to 17 U.S.C. § 512 please send a notice to firstname.lastname@example.org that includes all of the items below, and we will expeditiously take appropriate action:
If HOFRECO determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Site. HOFRECO may require you to provide proof that you are eligible to participate according to this section. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If HOFRECO otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that HOFRECO may have in law or equity, HOFRECO reserves the right to terminate your access to or use of the Site.
AGES 13-18: IF YOU ARE 13-17 YEARS OLD A PARENT OR GUARDIAN AGREES TO BE BOUND BY THESE TERMS IN CONNECTION WITH YOUR USE OF THE SITE AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SITE.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by HOFRECO in its sole discretion.
If you have downloaded our App, you agree to promptly download and install any new version that we make available through the App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
Without limitation of the foregoing, if you are downloading the App through the App Store for use on an Apple-branded product, the following terms apply:
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and HOFRECO agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and you and HOFRECO further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.
B.Arbitration Class Action Waiver. You and HOFRECO agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
C.Non-Arbitration Class Action and Jury Waiver; Choice of Venue. You and HOFRECO agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and HOFRECO waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; (3) neither you nor HOFRECO may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding; and (4) the Dispute will be subject to the exclusive jurisdiction of the state and federal courts situated within the State of Ohio.
D.Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. HOFL will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, HOFL will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous
A. A description of the copyrighted work that you claim is being infringed;
B.A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location (with sufficient detail) of that material;
C.Your name, address, telephone number, and email address;
D.The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
E.The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
F.An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
We may forward the take-down notification to the accused infringer. We may, at our discretion, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
23. Export Control. Any software or application of or available on the Site is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
24. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Site or Services.
You may have the Terms mailed to you electronically by sending an email including a written request for copies of the Terms to email@example.com with the subject line "Terms Request".
25. System Outages. HOFRECO and its third-party providers periodically schedule system downtime for the Site and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that HOFRECO has no responsibility and is not liable for: (a) the unavailability of the Site or Site Content; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Sites or Site Content, any Internet service providers, or any Internet facility or network.
26. Statute of Limitations. Any Disputes must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
27. Savings. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of theseTerms.
28. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
29. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
30. Amendment and Entire Agreement. We may, in our sole and absolute discretion, change these Terms from time to time, with or without notice to you. Your use of the Site will always be bound and governed by the Terms in effect at the time of such use. You may read these Terms at any time in the Site and see, at the bottom of these Terms, the last date on which they were amended (if ever). These Terms are the entire agreement between you and HOFRECO relating to the subject matter set forth in these Terms.
31. Version. These Terms were last updated on July 16, 2021, and this is version 1.0 of the Terms.
32. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and HOFRECO may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
33. Assignment. These Terms are not assignable, transferable or sublicensable by you except with HOFRECO’s prior written consent.
34. Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. HOFRECO’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of HOFRECO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Site or the Site Content, or information provided to or gathered by HOFRECO with respect to such access and/or use. A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and any other HOFRECO policies must be written in the English language.
35. How to Contact Us. If you have any questions about these Terms, please contact us at the Contact Us feature on the Site. You can also email us at firstname.lastname@example.org with the subject line “Questions, Comments or Complaints”.