Cincinnati Bengals Team | Bengals.com

Last Updated: September 6, 2026.

Please carefully read these Terms of Use and any applicable Additional Terms (collectively, these "Terms") before using our Service, as they are a binding agreement between you and Cincinnati Bengals, Inc. or its affiliated or related entities (collectively, "Company" or "we" or "us" or "our"). These Terms govern your use of and access to our "Service" which includes our websites, platforms, apps, features, communications (including chats and emails), and other online or digital products and services that post a link to or are otherwise stated to be governed by these Terms.  By accessing, visiting or otherwise using the Service in any manner, you agree that you have read and understood the Terms, and to be bound by them.  If you do not wish to be bound by these Terms, do not use the Service and uninstall or delete Service downloads and applications.

Arbitration Agreement

These Terms include an **Arbitration Agreement** that governs any disputes between you and us. The Arbitration Agreement and other provisions will:

·    Eliminate your right to a trial by jury to the extent allowable under applicable law; and

·    Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings in arbitration and litigation.

Privacy

You also acknowledge that you have read and understood, and that you consent to, our data practices as described in our **Privacy Policy**

Use of Third-Party Services

Please note that various features of the Service are provided by Third-Party Services (defined below) and subject to that third party's terms and conditions. Examples of such Third-Party Services available on or through the Service include:

• Ticketmaster (ticket purchasing and exchange)
• FEVO (group ticket purchasing)
• Cincinnati Bengals Shop (the Official Online Store of the Cincinnati Bengals, operated by Fanatics)

Additional Terms

In some instances, additional or different terms posted on the Service apply to your use of certain parts of the Service (individually and collectively "Additional Terms").  To the extent there is a conflict between the Terms of Use and any Additional Terms, the Terms of Use  will control unless the Additional Terms expressly state otherwise.

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained **here**

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

A.                    A. Ownership

The Service and all of its content ("Content") are valuable assets of Company and its licensors, and are subject to and/or protected by copyrights, patents, trademarks, service marks, and other intellectual property rights ("Intellectual Property Rights").  All right, title, and interest in and to the Service,  Content, and Intellectual Property Rights therein ("Company Property") is the property of Company, our licensors or certain other third parties.  Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

B.                     B. Your Rights to Use the Service and Content

Your right to use the Service and Content is subject to your strict compliance with these Terms. If you violate these Terms, we reserve the right to temporarily suspend and/or permanently terminate your access to the Service or Content, without notice or liability to you. The rights we grant to you in this section are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. All rights that we have granted to you in these Terms in the Service and Content non-transferable and non-sublicensable by you, and are limited to your personal, non-commercial, and lawful use only.

• You may access and use the Service, and display, view, use, and play the Content on a computer, mobile or other device on which the Service and/or Content are made available ("Device"), and access and use only the functionality of the Service made available to you.
• Certain Content may, from time-to-time, include a "Download" or similar link next to it or otherwise , in which case you may download a single copy of such content to your Device.
• If we make available any software (such as our App) ("Software") for download, you may download, install and use one copy of such Software on your Device in the manner and form that such Software is made available to you.
• The Service may include features or functionality that enable you to share or make available links to, or portions of, the Service or Content with third parties, such as features or functionality that allow you to "send to friend" or to post or share Content on social media. Where this functionality is available, you are permitted to share with or make available to third parties such links to or portions of the Service and/or Content. You are permitted to link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Company names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Company or cause any other confusion, and (c) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Company.

Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other Intellectual Property Right of Company or any third party. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites or other online services linking to the Service.

C.                    C. Additional Terms for Usage Subscriptions

From time-to-time, we may offer you the ability to purchase usage subscriptions or virtual items. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Service are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g*.*, a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms.  As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.

D.                    D. Rights of Others

In using the Service, you must respect the Intellectual Property Rights and other rights Company and third parties.  Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.  If you believe that your work has been infringed via the Service, see Section 5 and Section 6 below.

E.                     E. Reservation of all Rights Not Granted as to Content and Service

These Terms include only narrow, limited grants of rights to use and access the Service and Content.  No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY Company AND ITS LICENSORS AND OTHER THIRD PARTIES.

F.                     F. Third-Party Services

The Service may include or permit you to access content, advertisement(s), apps, platforms, or sites that are owned or controlled by third parties ("Third-Party Services").  Sometimes, Third-Party Services may be integrated into the Service, and other times, you may leave the Service and be directed to or visit the Third-Party Service. This may include the ability to register or sign in to our Service using a third-party login (such as your Ticketmaster or social media account). Your use of Third-Party Services is subject to the respective third party's terms of use and privacy policy. We are not responsible for your access to or use of any Third-Party Services.

The below provisions apply to your use of the Service through Apple iOS.

TERMS APPLICABLE FOR APPLE iOS.

(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Company and, that Apple, Inc. ("Apple") is not a party to these Terms other than as third-party beneficiary as contemplated below.

(ii) The license granted to you by Company under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.

(iii)  You acknowledge that Company, and not Apple, is responsible for providing the Service and Content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.

(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Company, Company, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party's Intellectual Property Rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property Rights infringement claims.

(viii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.

(x) Your use of real time route guidance on the Service (if any) is at your sole risk.  Location data may not be accurate.

2. USER-GENERATED CONTENT; COMMUNITY USAGE RULES

A.                    A) User-Generated Content

You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Instagram, and Twitter) ("UGC"), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our **Privacy Policy** or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our **Privacy Policy** and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your UGC and derivatives thereof.  As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.  In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your UGC.  Our receipt of your UGC is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property Rights relating to your UGC.

B) Company's Exclusive Right to Manage Our Service

Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC.  Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Policy.

C) Enforcement

Company has no obligation to monitor or enforce your Intellectual Property Rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Company's cost and expense, to which you hereby consent and irrevocably appoint Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

D.                    D) Community Usage Rules

We may from time-to-time offer online forums, message boards, or other community features, including those that may allow you to interact with other users or post Submissions in public or semi-private areas (such as those that are available only to account holders) ("Community(ies)"). As a user of the Service, these Community usage rules ("Rules") are here to help you understand the conduct that is expected of users of any Community features.

(i)  Nature of Rules.  Your participation in any Communities is subject to all of the Terms, including these Rules:

• Your UGC.  All of your UGC either must your original creation or, if it was created or is owned by a third party (such as a friend or any other person or company), you must permission from that third party to submit it to the Service. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties.  Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere online.
• Speaking of Photos:  No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family.  If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission (or in the case of minors, their parents' express permission) to submit it.
• Act Appropriately.  All of your Service activities must be venue appropriate, as determined by us.  Be respectful of others. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited.  Your UGC must not do any of the following: (i) threaten, abuse, or harm others; (ii) include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, disability, or other pro; (iii) be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit; or (iv) exploit any individuals, including children under the age of 18.
• Do Not Use to Solicit or Send Any Commercial or Unwanted Communications.  Do not harvest or collect email addresses or other contact information, or any other information from other users of the Service for any purpose, including by for the purpose of sending unsolicited emails or other unsolicited communications.  Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes.  This also includes not uploading, posting, transmitting, sharing or otherwise making available any advertising, solicitations, promotional materials, junk mail, spam, chain letters, multi-level marketing promotions, pyramid schemes, or any other form of solicitation.
• Do Not Use for Inappropriate Purposes.  Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your UGC.  Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
• Take Care when Submitting Personal Information where Others Can See.  Do not submit personal information that would permit others to contact or locate you, or that is particularly sensitive, such as your contact information, social security number, payment information, or any other similar information, in public or semi-public areas, or in private messages. .
• Don't Share Other People's Personal Information.  You should not submit other individuals personal information except in limited circumstances where a feature of the Service requests it, such as in a "send to a friend" feature.

If you submit UGC that Company reasonably believes violates these Rules or any other Terms, then we may take any legally available action that we deem appropriate, in our sole discretion.  However, we are not obligated to take any action that is not required by applicable law.  We may require, at any time, proof of the permissions referred to above in a form acceptable to us.  Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.

(ii) Your Interactions With Other Users; Disputes.  You are solely responsible for your interaction with other users of the Service, whether online or offline.  We are not responsible or liable for the conduct or content of any user.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.  Please exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

E.                     E) Appropriate Content and Alerting Us of Violations

We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.  If you discover any content that violates these Terms, then you may report it here.

3. ACCEPTABLE USE

A.                    A) Service Use Restrictions

You agree that you will not use the Service except as expressly permitted in these Terms. Without limiting the generality of the foregoing or the remainder of these Terms, you agree that you will not, nor permit a third party to, do any of the following: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property Rights; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Company; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify source or object code of Software or any other features, products, services, or processes accessible through the Service; (v) engage in any activity that interferes with a user's or permitted third party's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Company, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information, materials, and other Content (including other users' personal information); and (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means..

B.                     B) Content Use Restrictions

You agree that you will not use the Content except as expressly permitted in these Terms or with the prior express consent of Company. Without limiting the generality of the foregoing or the remainder of these Terms, you agree that you will not, nor permit a third party to, do any of the following: (i) monitor, gather, copy, or distribute the Content on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) frame or utilize framing techniques to enclose any such Content; (iii) remove or obscure any Trademark, copyright, and other Intellectual Property Rights and other notices contained on or in the Content; (iv) will not use Content or otherwise take any actions in a manner that suggests an association with any of ours or our licensors' products, services, brands, or Content, or any Intellectual Property Rights therein; (v) use, frame, or utilize framing techniques to enclose any Content, or any Company trademark, logo, or other Content or proprietary information, including the images found at the Service, the content of any text or the layout/design of any page or form contained on a page on the Service; (vi) make any modifications to the Content Company without the prior express consent of Company; (vii) copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Company or, in the case of content from a licensor, the owner of the same; and (viii) engage in any activity that interferes with a user's access to the Content.

4. CREATING AN ACCOUNT

If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and all activity that takes place on your account. You are also responsible for any use of the Service on your Device (whether or not logged in to your account). We may reject the use of any password, username, or email address for any reason in our sole discretion.  If you become aware of or suspect any unauthorized use of your account, password, or username, or any other breach of security, please notify us immediately here.

We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. Your accounts is personal to you, and you may not open an account on behalf of someone else. You are not permitted to sell, transfer, or assign your account or any account rights.

5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

A.                   A) DMCA Notice

Company will respond appropriately to notices of alleged U.S. copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a U.S. copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) U.S. copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

(i)  a legend or subject line that says: "DMCA Copyright Infringement Notice";

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);

(iv) your full name, address, telephone number, and e-mail address;

(v) 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;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

Company will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

BY MAIL: Cincinnati Bengals, Inc. ATTN: LEGAL, 1 Paycor Stadium, Cincinnati, Ohio, 45202

BY E-MAIL: privacy@bengals.NFL.net

It is often difficult to determine if your copyright has been infringed. Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Company's other rights, Company may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by Company.

B) Counter-Notification

If access on the Service to a work that you submitted to Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: "DMCA Counter-Notification";

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv)  your full name, address, telephone number, e-mail address, and the username of your account;

(v)  a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Ohio), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi)  your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

6. PROCEDURE FOR ALLEGING INFRINGEMENT OF YOUR TRADEMARK OR OTHER INTELLECTUAL PROPERTY

A.                   A) Infringement Notice

If you own intellectual property other than a U.S. copyright and believe that your intellectual property (such as your trademark or service mark) has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:

(i) a legend or subject line that says: "Intellectual Property Infringement Notice";

(ii) a description of the intellectual property that you claim has been infringed;

(iii)  a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);

(iv) your full name, address, telephone number, and e-mail address;

(v) 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 owner of the intellectual property, its agent, or the law;

(vi)  a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and

(vii) your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Company with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

B.                     B) Counter-Notification

If access on the Service to a work that you submitted to Company is disabled or the work is removed as a result of an infringement notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a counter notification to the addresses above. Your counter notification should contain the following information:

(i)  a legend or subject line that says: "Counter-Notification";

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);

(iii)  a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, e-mail address, and the username of your account;

(v)  a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Michigan), and that you will accept service of process from the person who provided notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that if you knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a counter notification, then we may replace the material that we removed (or stop disabling access to it). You should also be aware that we may forward the counter notification to the party who sent us the infringement notice.

7.  NOTICES; CONTACTING US

You agree that we may give you notices or otherwise respond to you by mail or to your email address (if we have it on file) or in any other manner reasonably elected by us.  All legal notices to us must be sent to: Cincinnati Bengals, Inc., ATTN: Legal, 1 Paycor Stadium, Cincinnati, Ohio 45202.

If you have a question regarding the Service, you may contact Company by sending an email to privacy@bengals.NFL.net.

8. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS.

We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other Content on the Service is complete, accurate, reliable, current, or error-free.  As permitted by applicable law, we shall have the right to refuse or cancel any orders in our sole discretion.  Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account.  Additional Terms may apply.  If a product you purchased or accepted from Company is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price. Please note that ticket purchasing and exchange features made available on or through the Service are presented by Ticketmaster; group ticket features are provided by FEVO; the Cincinnati Bengals Shop, the Official Online Store of the Cincinnati Bengals, is operated by Fanatics. As with other Third-Party Services, your use of those services is subject to their respective terms and conditions.

9. MOBILE FEATURES AND MESSAGES; COMMUNICATIONS.

A.                    A) Mobile Features

The Service may offer certain features and services that are available to you via your mobile Device. These features and services may include the ability to access the Service's features and upload content to the Service, receive messages from the Service, and download applications to your mobile Device (collectively, "Mobile Features").

B.                     B) Terms of Mobile Features

You agree that as to the Mobile Features for which you are registered for, or that you otherwise download, enable, or use, to the extent permitted by applicable law, we may send communications via such features or apps to your mobile Device regarding us or other parties (e.g., chat, push notifications and in-Service messaging). Further, we may collect information related to your use of the Mobile Features as described in our Privacy Policy. If you have registered via the Service for Mobile Features, then you agree to notify us of any changes to your mobile contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, to the extent permitted by applicable law, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert, or pop-up messages, may be delivered to your Device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your Device through your Device settings, if available. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile Device. Contact your carrier with questions regarding these issues.

C.  Text and Email Communications Messages.

(i)  Text Messages:  You may be given opportunities to subscribe to various text messages or text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited.  For each subscription, follow the instructions in the messages you receive in to obtain help or to unsubscribe from messages such as by texting "HELP" for help and text "STOP" to opt-out of a subscription, respectively.  Subsequent or different subscriptions will be unaffected by an opt-out.  You consent to receive a text confirming any opt-out. In addition, by providing your phone number, you consent to non-marketing administrative or transactional messages.  For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent.  Alerts auto-renew unless otherwise specified when you consented. Except for purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are 18 years of age or older, or have obtained parental consent.  Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.  Contact your carrier for details.  If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent.  Not all phones and/or carriers are supported.  We are the sponsor of our text messages and may be contacted regarding them at:  privacy@bengals.NFL.net or 513-455-4800.

(ii)  Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions; if your unsubscribe request or opt-out is limited to certain types of emails, the unsubscribe request or opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to unsubscribe or opt-out from receiving our marketing communications.

D.                    D) Location-Based Features

If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us via an App by uninstalling the App. The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, personal injury, or severe physical or property damage. Location-based / geo-location services are used at your own risk and location data may not be accurate.

E.                    E) Device Access and Settings

By using the Service, you agree that we may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. For instance, our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device; saving App images, sound files and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the App or otherwise using the Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.

10. CHOICE OF LAW, CLASS ACTION WAIVER, SMALL CLAIMS, ARBITRATION

PLEASE READ THIS SECTION 10 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION 10, OR ANY SUBSEQUENT CHANGES TO THE ARBITRATION AGREEMENT, AS SET FORTH BELOW.

You and we agree that these Terms and Conditions affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

With respect to any and all disputes arising out of or relating to the Services or this Agreement, you and Company agree to first negotiate in good faith to achieve a mutually satisfactory resolution, as provided in Section 11 below, before initiating a proceeding in any forum except as specifically set forth below.

10.1  Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

Unless you and Company agree otherwise, to the fullest extent permitted by law, the state and federal courts located in Hamilton County, Ohio shall have exclusive jurisdiction over any action or proceeding between you and Company that is not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and Company voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in Hamilton County, Ohio that have subject matter jurisdiction, waives all objections to venue and any claim that it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other forum.

10.2 Class Action Waiver

ANY PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

10.3  Small Claims Court

Any dispute arising out of or relating to the Services or this Agreement that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.

The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section 11 to that court. The certification shall be personally signed by that party (and counsel, if represented).

10.4  Arbitration Agreement

Except as otherwise provided herein, all disputes arising out of or relating to the Services or this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration administered by the American Arbitration Association ("AAA"). Except as modified by this Agreement, AAA shall administer the arbitration in accordance with the Consumer Arbitration Rules and/or the Mass Arbitration Supplementary Rules, as applicable (the "AAA Rules").  The AAA Rules and fee information are available at "www.adr.org/consumer." If AAA is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in Hamilton County, Ohio appoint an alternate administrator that will do so.

The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process in Section 11 and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may consider but will not be bound by rulings in other arbitrations where you and Company were not both parties.  The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Hamilton County, Ohio, as necessary to protect their rights or property (including intellectual property rights) pending the completion of arbitration. In addition, a court of competent jurisdiction in Hamilton County, Ohio shall have exclusive authority to resolve any dispute relating to the interpretation, validity, scope, applicability, or enforceability of this binding arbitration agreement.

10.5  Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10.4 within 30 days after the date that you first agree to this Agreement by sending a letter to Attn: Legal Department – Arbitration Opt-Out, Cincinnati Bengals, 1 Paycor Stadium, Cincinnati, Ohio 45202 that specifies: your full legal name, your email address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Company receives your Opt-Out Notice, this Section 10.4 will be void. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice. Notwithstanding anything to the contrary, this Agreement does not prevent you or t Company from participating in a mass settlement of claims, including from participating in a class-action settlement.

If Company makes any future change to the arbitration provisions in this Section 10.4 (other than a change to the notice address), you may reject any such change by sending a letter within 30 days after the date of such change to Attn: Legal Department – Arbitration Change Opt-Out, Cincinnati Bengals, 1 Paycor Stadium, Cincinnati, Ohio 45202 that specifies: your full legal name, your e-mail address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of such change to the arbitration provisions ("Change Opt-Out Notice"). Once Company receives your Change Opt-Out Notice, any such change to the arbitration provisions in this Section 10.4 will be void as to you, but you will still be bound by the prior arbitration agreement that you accepted.  For clarity, please note that this is not an opt out of arbitration altogether.

The terms of the arbitration provisions contained in Sections 10 and 11 herein will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Company, including the National Football League and its affiliate entities, including NFL Ventures, Inc., NFL Ventures, L.P., and their subsidiaries, including NFL Enterprises LLC, the other NFL member professional football clubs, and other members of the NFL Family, to the extent that any such claims arise out of your access to or use of the Services or the provision of content or technology on or through the Services.

10.6  Additional Procedures for Mass Filings.

(a) If your claim is one of twenty-five (25) or more similar claims intended to be asserted against Company by the same or coordinated counsel or are otherwise coordinated, consistent with the definition of Mass Arbitration set forth in the AAA Rules, you and we understand and agree that these Additional Procedures for Mass Filings will apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the mass filing.

The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.

Stage One. Counsel for the claimants and counsel for Company will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of the first staged process ("Stage One"). The Stage One claims may proceed concurrently and the parties and the arbitrators will endeavor to resolve them within one hundred twenty (120) days of arbitrator appointment. Absent agreement of the parties, no more than five (5) Stage One cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, and within one hundred twenty (120) days following resolution of stage One claims, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and Company will pay the mediation fee.

Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Company will again each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process ("Stage Two"), subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. The Stage Two claims may proceed concurrently and the parties and the arbitrators will endeavor to resolve them within one hundred twenty (120) days of arbitrator appointment.  Absent agreement of the parties, no more than five (5) Stage Two cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, and within one hundred twenty (120) days following resolution of Stage Two claims, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and Company will pay the mediation fee.

(b) Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either

• Option One.  You or Company may opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction in Hamilton County, Ohio consistent with the terms of this Agreement. For purposes of this Option One, you may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to Company via email at privacy@bengals.nfl.net within thirty (30) days after the conclusion of the second global mediation session. For purposes of this Option One, Company may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period.  Counsel for the parties may agree to adjust these deadlines. OR

• Option Two.  If neither you nor Company elect to have your claim heard consistent with Option One above, then you agree that your claim will be resolved through continuing staged proceedings as set forth in this Option Two. If after the expiration of Company's opt-out period, the number of remaining claims exceeds two hundred (200), then two hundred (200) claims will be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitrations as part of a staged process. Absent agreement of the parties, no more than ten (10) cases in any set of two hundred (200) cases will be assigned to a single arbitrator.  If the number of remaining claims is fewer than two hundred (200), then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until such remaining claims are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process will repeat consistent the parameters in this Option Two. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

(c) Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled from the date the first demand in the Mass Filing is submitted until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

(d) You and Company agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Company acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of claims.

(e) A court of competent jurisdiction in Hamilton County, Ohio will have the authority to enforce these Additional Procedures for Mass Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these Additional Procedures for Mass Filings apply to your claim, and a court of competent jurisdiction in Hamilton County, Ohio determines they are not enforceable as to your claim, the mandatory arbitration provisions of this Agreement, including the Additional Procedures for Mass Filings, are non-severable from one another and therefore your claim then must proceed in a court of competent jurisdiction in Hamilton County, Ohio consistent with the terms of this Agreement.

11. MANDATORY PRE-DISPUTE RESOLUTION PROCESS

11.1

To the maximum extent permitted by law, you and Company permanently and irrevocably waive the right to bring any claim in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. Company's address for Notice is: Attn: Legal Department, Cincinnati Bengals, 1 Paycor Stadium, Cincinnati, Ohio 45202. The written notice (a "Notice of Dispute") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.

11.2

Before initiating a proceeding in arbitration or small claims court, you or Company must provide a Notice of Dispute that is personally signed by you (if you are initiating the Notice of Dispute) or by an Company representative (if we are initiating the Notice of Dispute). Company must send any such Notice of Dispute to you at the contact information Company has on file for you via email. Company and you will attempt to resolve the dispute through informal negotiation within 60 days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties).

11.3

Company and you will use reasonable, good faith efforts to resolve the dispute through consultation, cooperation, and good faith negotiations. If the party receiving the Notice of Dispute requests a telephonic settlement conference as part of this informal process, you and Company agree to participate in an effort to resolve the dispute. Should Company make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, Company agrees to have a representative attend this conference (with counsel, if Company is represented). Neither you nor Company may initiate an arbitration proceeding before the conclusion of the sixty (60) day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section 11.3 (collectively, the "Mandatory Pre-Dispute Resolution Process"). You agree that you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Hamilton County, Ohio as necessary to protect their rights or property (including intellectual property rights) pending completion of the Mandatory Pre-Dispute Resolution Process.

11.4

If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Hamilton County, Ohio at either party's election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and Company engage in the Mandatory Pre-Dispute Resolution Process.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

A) AS PERMITTED  BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND THEIR DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "COMPANY PARTIES") HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, COMPANY PROPERTY, UGC OR OTHER COMPANY PRODUCTS OR SERVICES.

B) EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

13. LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY SERVICE OR ANY ASPECT OF A SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEBSITE LINKED TO OR FROM A SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH ALTERATIONS.

THE LIMITATIONS IN THIS SECTION 13 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES) EXCEED ONE HUNDRED DOLLARS ($100.00).

ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 13.

14. INDEMNIFICATION

Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims, investigations, fines, costs and expenses, including reasonable attorneys' fees, made by or due to any third party due to, arising out of, or in connection with: (i) any UGC that you submit, post to or transmit through the Services; (ii) your use of the Services; (iii) your online conduct in connection with the Services; (iv) your violation of this Agreement or your violation of any rights of another; (v) your failure to comply with any applicable laws or regulations in connection with the Services; (vi) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; or (vii) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Company. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims to the extent permitted by applicable law.  These obligations will survive any termination of this Agreement.

15. UPDATES TO TERMS

It is your responsibility to review the posted Terms each time you use the Service. WE MAY UPDATE THESE TERMS FROM TIME-TO-TIME AND YOU AGREE THAT WE MAY NOTIFY YOU BY POSTING THEM ON THE SERVICE (OR IN ANY REASONABLE MANNER OF NOTICE OF OUR CHOOSING). YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE UPDATED TERMS.

16. THIRD PARTY BENEFICIARIES

Except as expressly stated in this Agreement, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you. You acknowledge and agree that the National Football League and its other member professional football clubs, as well as other members of the NFL Family, are each third-party beneficiaries of this Agreement, including with respect to your obligations hereunder and any disclosure made hereunder to (or acknowledgements made by) you. Upon your acceptance of this Agreement, the National Football League and its other member professional football clubs, and other members of the NFL Family, will each have the right (and you will be deemed to have accepted their right) to enforce this Agreement against you as third-party beneficiaries hereof.

17. GENERAL PROVISIONS

A) Consent to Electronic Contacting and Receiving Electronic Records

When you use our Service, including signing up to receive email or text messages, you consent to receive electronic records from us and consent to us contacting you electronically.  We will try to promptly respond to all inquiries, but we are not obligated to do so.  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 agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper.

B.                     B) Operation of Service; Availability of Products and Services; International Issues

Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content, in whole or in part, for any reason, in Company's sole discretion, and without advance notice or liability.  These Terms also govern any updates to, or supplements or replacements for, the Service and Content. Company controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A.  If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

C.                    C) Export Controls

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. law, you agree and warrant not to export or re-export any aspects of the Service, including any software, to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

D.                    D) Severability; Interpretation

If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.  To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

E) Investigations; Cooperation with Law Enforcement; Termination; Survival

As permitted by applicable law, Company reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) use any information obtained by Company in accordance with its **Privacy Policy** in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Company to comply with law enforcement requests or legal requirements in accordance our **Privacy Policy** , (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party.   Any suspension or termination will not affect your obligations to Company under these Terms.  Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.  The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

F.                     F) Assignment

Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any rights granted to you hereunder may not be assigned by you, and you may not delegate or assign your obligations under them, without the prior written consent of an officer of Company.

G.                    G) Complete Agreement; No Waiver

These Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. No failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.