Terms of Use

BY ACCESSING OR USING THE HOME STADIUMS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE HOME STADIUMS WEBSITE.

HOME STADIUMS TERMS OF USE

Last Modified: November 17, 2017

Effective Date: November 17, 2017

  1. Overview.

            1.1.  Introduction.  The Home Stadiums website located at homestadiums.com (together with any subdomains of homestadiums.com, this “Site” or the “Home Stadiums Website”) is provided by Home Stadiums LLC, a Virginia limited liability company (referred to in these Terms of Use as “Home Stadiums”, “we”, “us”, or “our”). The use of this Site is governed by these Home Stadiums Terms of Use (these “Terms of Use”) between each visitor to this Site (referred to in these Terms of Use as “you” or “your”) and Home Stadiums. By accessing or using this Site, you agree to be bound by the provisions of these Terms of Use (these “Terms of Use”), the Privacy Policy [https://HomeStadiums.com/pages/Privacy-Policy], and the Replacement Policy [https://HomeStadiums.com/pages/Replacement-Policy]. By agreeing to these Terms of Use, Home Stadiums grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Home Stadiums Website in accordance with these Terms of Use. If you violate any of these Terms of Use, the foregoing limited license to use the Home Stadiums Website will automatically terminate. You agree to read these Terms of Use carefully.

            1.2.  Your Company.  If you place any Orders through this Site or create a Home Stadiums Account (as defined below) on behalf of another person or entity (“Your Company”), you represent and warrant to us that you have the authority and authorization to bind Your Company to these Terms of Use, and in that case: (i) in Section 1.1 above, the term “you” refers both to you and Your Company, and (ii) in every other section of these Terms of Use except for Section 1.1 above and this Section 1.2, the terms “you” and “your” refer to Your Company. If you do not have such authority and authorization, or if you or Your Company do not agree to all of the provisions of these Terms of Use, neither you nor Your Company are permitted to access or use this Site.

            1.3.  Binding Contract.  You acknowledge that these Terms of Use are a legally binding contract between you and Home Stadiums, even though it is not physically signed, and you acknowledge that these Terms of Use govern your access to and use of the Home Stadiums Website and apply to all Orders you place through this Site. In these Terms of Use, you and Home Stadiums are sometimes referred to individually as a “party” and collectively as the “parties”, and “User” (and “user”) refers to a person who accesses or uses the Home Stadiums Website.

            1.4.  Important Provisions.  These Terms of Use include important provisions affecting your legal rights and obligations, including, for example, a disclaimer of warranties and limitation of liability by Home Stadiums (see Section 12), dispute resolution provisions that include a waiver of the right to a jury, a limitation of the period of time for bringing a claim against us, and an agreement that any court proceedings will take place only in Albemarle County, Virginia or the City of Charlottesville, Virginia (see Section 14), and an obligation for you to pay any expenses and liabilities (such as damages, costs, or legal claims) that the Home Stadiums Parties suffer as a result of your violation of any of the provisions of these Terms of Use, your use of the Home Stadiums Website, and other actions by you (see Section 11). The previous examples are not comprehensive, and you are responsible for reading and agreeing to all of the provisions of these Terms of Use as a condition of your access and use of the Home Stadiums Website or the other Home Stadiums Solutions.

  1. Privacy Policy and Replacement Policy. Our Privacy Policy, located at https://www.HomeStadiums.com/pages/Privacy-Policy (the “Privacy Policy”), explains how we collect and use your information, and our Replacement Policy, located at https://www.HomeStadiums.com/pages/Replacement-Policy (the “Replacement Policy”), explains the conditions, requirements, and procedures related to the return and replacement of Ordered Products. The Privacy Policy and the Replacement Policy are collectively referred to as our “Policies”. You acknowledge and agree that the provisions of our Policies are made a part of these Terms of Use.
  2. Modification.As technology changes and as our business grows and develops, we may modify these Terms of Use and our Policies from time to time. When we modify these Terms of Use or our Policies, we will give you notice by posting the amended Terms of Use or Policies on the Home Stadiums Website. The amended Terms of Use and Policies will include an effective date, and they will be effective on that date. However, any changes to the governing law or dispute resolution provisions set forth in Sections 13 and 14 will not apply to any disputes for which Home Stadiums and you have received actual notice on before such Effective Date. If you continue to access or use this Site after the Terms of Use or our Policies are amended, you agree to be bound by the revised Terms of Use and Policies. If you do not agree with the updated Terms of Use and Policies, you agree that you will promptly (1) discontinue your use of the Home Stadiums Website, and (2) contact us at Info@HomeStadiums.com to request that your Home Stadiums Account be closed. You can access historical versions of these Terms of Use and Our Policies at: https://www.HomeStadiums.com/pages/Legal/Archive.  If you choose to place any Orders through this Site, you agree that you will review these Terms of Use and Our Policies before placing each Order and that by placing an Order you will be agreeing to the Terms of Use and Policies in effect on that date.
  3. Definitions.As used in these Terms of Use:

            4.1.  “Affiliate” (collectively, “Affiliates”) means, with respect to a person, any other person directly or indirectly controlling, controlled by or under common control with the subject person.

            4.2.  “Home Stadiums Parties” (each, a “Home Stadiums Party”) means Home Stadiums, its Affiliates, and the officers, directors, shareholders, members, managers, employees, attorneys, and agents of any of the foregoing.

            4.3.  “Intellectual Property Rights” means intellectual property rights arising from or in respect of the following, whether protected, created or arising under the laws of the United States or any other jurisdiction: (i) fictional business names, trade names, company and corporate names, trademarks and service marks (whether registered or unregistered, including any applications for registration of any of the foregoing), logos, Internet domain names, and trade dress rights, together with the goodwill associated with any of the foregoing (collectively, “Marks”); (ii) inventions, patent applications, and patents issued therefrom in the United States and in all other countries, including all continuations, divisionals, continuations-in-part, inventions registrations, re-examinations, registrations, renewals, utility models, reissues and the like corresponding thereto (collectively, “Patents”); (iii) copyrights and registrations and applications therefor (collectively, “Copyrights”); (iv) proprietary and confidential information which constitute trade secrets, such as proprietary and confidential know-how, inventions, discoveries, concepts, ideas, methods, processes, designs, formulae, technical data, drawings, specifications, and data bases in each case excluding any of the foregoing to the extent the rights therein comprise or are protected by Copyrights or Patents (collectively, “Trade Secrets”); (v) publicity rights, including the right to use a Person’s name, image, photo, portrait, voice, sound-alike, likeness, and persona for advertising, marketing, promotional, trade, business, and commercial purposes (collectively, “Publicity Rights”); and (vi) moral rights and privacy rights (collectively, “Other IP Rights”).

            4.4.  “Order” (collectively, “Orders”) means an order placed via the Home Stadiums Website by you or through your Home Stadiums Account for products or services sold, shipped, provided, or performed by Home Stadiums.

            4.5.  “Order Confirmation” (collectively, “Order Confirmations”) means the order confirmation or receipt displayed or sent to you for an Order.

            4.6.  “Ordered Products” (each, an “Ordered Product”) means the products included in an Order.

            4.7.  “Order Total” means, with respect to an Order, the amount you are required to pay for such Order, as displayed through the Home Stadiums Website during the Order checkout process.

            4.8.  “Person” (or “person”) means any individual, corporation, company, partnership, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity or legal entity, and any legal person.

            4.9.  “Your Content” means your Account Information, and all content (including comments, reviews, text, photos, graphics, audio, video, and other materials) you upload, post, send, submit, transmit, or otherwise transfer (a) to us or (b) to or through the Home Stadiums Website.

  1. Home Stadiums Solutions.As used in these Terms of Use, “Home Stadiums Solutions” means the Home Stadiums Website, all products sold or shipped by Home Stadiums, and any other products or services provided by Home Stadiums. These Terms of Use do not apply to any products or services that Home Stadiums provides to you pursuant to a separate written contract signed by Home Stadiums. You acknowledge and agree that the Home Stadiums Website and the other Home Stadiums Solutions are always evolving and that we may, at any time and without notice to you, add or remove features or functionality of the Home Stadiums Website or modify or discontinue any of the Home Stadiums Solutions, in whole or in part.
  2. Your Home Stadiums Account and Your Content.

            6.1.  Registration.  In order to use certain features of the Home Stadiums Website or to place Orders, you must register with Home Stadiums and create an account (a “Home Stadiums Account”). Our registration process currently requires you to complete a signup form and provide your e-mail address and select a password (your “Login Credentials”). We may permit or require you to provide additional information in order to use certain features of the Home Stadiums Website or place Orders. As used in these Terms of Use, “Account Information” means all information associated with your Home Stadiums Account. You agree to update your Account Information, as necessary, to ensure that it remains current, accurate, and complete. You authorize us to verify your Account Information at any time. If any of your Account Information is untrue, inaccurate, incomplete, or not current, we retain the right, in our sole discretion, to suspend or terminate your Home Stadiums Account and your access to the Home Stadiums Website.

            6.2.  Your Responsibilities.  You are responsible for maintaining the confidentiality of the Login Credentials used to access your Home Stadiums Account. You acknowledge and agree that you are responsible for any activities that occur through your Home Stadiums Account (including all Orders placed through your Home Stadiums Account), whether or not authorized by you. You agree to immediately notify us of any security breach associated with your Login Credentials or your Home Stadiums Account and of any unauthorized use of your Home Stadiums Account. We will not be liable for your losses caused by any unauthorized use of your Home Stadiums Account, and you acknowledge and agree that you may be liable for the losses of the Home Stadiums Parties or others due to such unauthorized use.

            6.3.  Your Content.  You acknowledge and agree that we may not prescreen and are not responsible for Your Content and that we may, at any time, with or without notice to you, block, interrupt, delete, or otherwise remove, disable or restrict access to, or refuse to display or transmit any of Your Content. We value and respect your privacy, and we will only use Your Content as permitted by these Terms of Use and the Privacy Policy [https://www.HomeStadiums.com/pages/Privacy-Policy]. You retain any ownership rights you have in Your Content, and nothing in these Terms of Use limits your right to use Your Content outside of the Home Stadiums Website. In order for us to provide the Home Stadiums Website to you, you grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual, and irrevocable license to use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit Your Content in any and all media or distribution methods (now known or later developed). This license permits us, for example, to host, publish, and publicly display your product reviews, your comments on our blog posts, and to use Your Content to provide and improve the Home Stadiums Solutions. You represent and warrant to the Home Stadiums Parties: (a) that you have the right (and have obtained any and all necessary permissions, consents, and authorizations) to grant us the foregoing license and to grant all other rights and licenses granted in these Terms of Use, and (b) that the use of Your Content and the exercise of the foregoing license by the Home Stadiums Parties (and their assignees or sublicensees) will not infringe the Intellectual Property Rights of any person. You understand and agree that we may transfer, process, maintain, and store Your Content in any country (or in multiple countries), including countries other than your country of residence or the country or countries where you use the Home Stadiums Website. You acknowledge and agree that we may use third party service providers to host the Home Stadiums Website or Your Content.

            6.4.  Permission to Use the Home Stadiums Website.  Subject to your compliance with these Terms of Use, we grant you permission to access and use the Home Stadiums Website. The permission for you to use the Home Stadiums Website is further conditioned on the following: (a) you will not permit any person to access or use the Home Stadiums Website through your Home Stadiums Account; (b) you will not attempt to reverse engineer, alter, or modify any part of Home Stadiums Solutions; and (c) you will comply with all of the provisions of these Terms of Use. If you violate these Terms of Use, your permission to use the Home Stadiums Website will automatically terminate, and you will not be entitled to any refund of payments made to us. Your permission to access and use the Home Stadiums Website is personal, non-exclusive, non-assignable, non-sublicensable, and may be limited or revoked by us at any time. We reserve the right, in our sole discretion, to refuse service, to suspend or terminate your Home Stadiums Account.

  1. Orders.

            7.1.  Product Descriptions and Pricing.  We attempt to be provide product descriptions that are as accurate as possible. However, we do not warrant that product descriptions or other content on the Home Stadiums Website is accurate, complete, reliable, current, or error-free. Prices and availability are subject to change without notice. We cannot confirm the price of a product until you place your Order. In the event of a pricing error, we may refuse or cancel any Orders placed for that Ordered Product. If the correct price of an Ordered Product sold by Home Stadiums is higher than our stated price shown on this Site or in an Order Confirmation, we will, at our discretion, either contact you for instructions before shipping or refuse or cancel your Order and notify you of such cancellation.

            7.2.  Payment.  

                        7.2.1.  Payment Information and Processing.  You are responsible for making full and complete payment for all Orders. If you choose to place an Order, you acknowledge and agree that you will provide complete and accurate billing contact and payment information as requested by Home Stadiums (your “Payment Information”). You may be required to pay for Orders by credit card or debit card, and you authorize us to charge any credit card(s) or debit card(s) that you include as part of your Payment Information for all payments owed for such Orders. Subject to the Privacy Policy, your Payment Information may be transmitted to and stored by a third party payment processor. We currently use Shopify Inc. (“Shopify”), a third party payment processor, to process payments for Orders. Your Payment Information collected through the Home Stadiums Website is transmitted directly to Shopify and is not stored by Home Stadiums. You acknowledge and agree that the processing of payments for Orders is subject to the Shopify Terms of Service [https://www.shopify.com/legal/terms] and the Shopify Privacy Policy [https://www.shopify.com/legal/privacy] and that we are not responsible for any acts or omissions of Shopify.

                        7.2.2.  Charge Backs.  In no event are we responsible for any failure to process payment for any Orders. In the event of a charge back by a credit card company, or any similar action by a payment provider or payment processor (a “Charge Back”), you agree that we may suspend or cancel any affected Orders, redirect any shipments associated with such Orders, and/or suspend, close, or terminate your Home Stadiums Account. You agree that you will promptly reimburse us for any expenses or fees incurred by us as a result of such Charge Back.

            7.3.  Taxes.  The product prices listed on the Home Stadiums Website do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your Orders. If Home Stadiums has the legal obligation to pay or collect Taxes for which you are responsible under this Section 7.3, we may include such taxes in the Order Total or invoice you separately for that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority, and you will pay such Taxes within thirty (30) days of receipt of the invoice therefor. For clarity, Home Stadiums is solely responsible for taxes assessable against it based on its income, property, and employees.

            7.4.  Shipping, Title and Risk of Loss.  The Ordered Products will be shipped within a reasonable period of time, subject to product availability. We may, in our sole discretion, without liability or penalty, make partial shipments to you of the Ordered Products. Orders will be shipped to the address specified by you through the Home Stadiums Website when you place your Order. All Ordered Products purchased from Home Stadiums are made pursuant to a shipment contract, and the title and risk of loss for such Ordered Products pass to you upon our delivery to the carrier. We will not be liable for any delays, loss, or damage in transit, except to the extent caused by our gross negligence or willful misconduct.

            7.5.  Missing Products or Wrong Quantity.  The quantity of any installment of Ordered Products as recorded by us upon dispatch from our facility is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. We will not be liable for any non-delivery of Ordered Products unless you give us written notice of the non-delivery within five (5) days of the date when the Ordered Products would have been received in the ordinary course of events. Any liability of Home Stadiums for non-delivery of any Ordered Products will be limited to delivering the missing Ordered Products within a reasonable time or refunding that portion of the Order Total that corresponds to the missing Ordered Products.

            7.6.  Returns, Replacements, and Refunds.  Except as otherwise provided in our Replacement Policy [https://www.HomeStadiums.com/pages/Replacement-Policy], all sales of Ordered Products are final and are made on a one-way basis and you have no right to return Ordered Products or receive a refund without our express, prior written authorization.

            7.7.  Order Cancellations.  All sales are final and you may not cancel any Orders. We reserve the right to cancel any Order, in whole or in part, at any time and for any reason, including for pricing errors, items that are out of stock or unavailable, or your violation of any provision of these Terms of Use. If we cancel any of your Orders, in whole or in part, we will issue you a full refund for all payments received by us for the portions of the Order cancelled by us, which will be your sole and exclusive remedy in the event of such cancellation.

  1. Intellectual Property Rights.

            8.1.  Generally.  You acknowledge and agree that except as otherwise expressly stated in these Terms of Use, and except for Your Content and Feedback, all intellectual property associated with, or incorporated within, this Site and the content available on this Site, including all articles, blog posts, comments, reviews, product descriptions, photos, and other media and documents (collectively, the “Home Stadiums Materials”), together with all Intellectual Property Rights therein and thereto are owned by Home Stadiums or its licensors. These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in or to this Site, any Home Stadiums Materials, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. You may not use any of the Home Stadiums Materials in any manner that suggests an association between Home Stadiums and any other person, entity, or organization. You may not (a) upload or post any of the Home Stadiums Materials to any other website, or (b) publicly make available, display, distribute, or perform any of the Home Stadiums Materials, or (c) engage in hotlinking or framing with respect to any of the Home Stadiums Materials. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder.

            8.2.  Our Trademarks.  The name “Home Stadiums”, the tagline “Your Home. Your Stadium.”, and the graphics, icons, logos, service names, designs, and layouts associated with this Site are the trademarks, service marks, or trade dress of Home Stadiums in the United States and/or other countries. You acknowledge and agree that you will not use any of our Marks (including as part of other marks and/or Internet domain names) in connection with any product or service in any manner that is likely to cause confusion or dilution of our Marks. All other Marks are the property of the respective owners.

            8.3.  Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions about the Home Stadiums Solutions or any other product or service (collectively, “Feedback”). You agree not to send us any information or ideas that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback in any and all media or distribution methods (now known or later developed), and to exercise all Intellectual Property Rights in and to your Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation or accounting to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 8.3 will continue to apply even if you stop using the Home Stadiums Solutions and will survive the expiration, cancellation, or termination of these Terms of Use.

  1. Claims of Intellectual Property Infringement.

            9.1.  Generally.  We respect the Intellectual Property Rights of others, and we require you and each of our users to do the same. We take claims of infringement of Intellectual Property Rights seriously, and we reserve the right, in our sole discretion, to block, interrupt, delete, or otherwise remove, disable or restrict access to, or refuse to display or transmit (collectively, “Remove” or “Removing”) any content (including text, photos, graphics, audio, video, and other materials) you or any other person uploads, posts, sends, submits, transmits, or otherwise transfers to or through the Home Stadiums Solutions (collectively, “User Content”). In appropriate cases and in our sole discretion, we may Remove User Content if properly notified that such User Content infringes a third party’s Intellectual Property Rights. It is our policy, in appropriate circumstances, to disable and/or close the Home Stadiums Accounts of users who are repeat infringers. Without limiting any of our rights to take other action described in these Terms of Use, including immediately Removing or modifying Infringing Content (as defined below) without notice, we will, within a reasonable period of time following our receipt in writing of a final, non-appealable court order finding that specific User Content infringes a third party’s Intellectual Property Rights (“Infringing Content”), Remove or modify such Infringing Content in the jurisdictions to which such order applies.

            9.2.  Reporting Claims of Copyright Infringement.  

                        9.2.1.  Digital Millennium Copyright Act (DMCA) Notice Procedures.  Home Stadiums will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Home Stadiums Solutions infringe your copyright, you may request removal of those materials (or access thereto) from the Home Stadiums Solutions by submitting written notification to the Home Stadiums Intellectual Property Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Home Stadiums’s designated Intellectual Property Agent to receive DMCA Notices is:

Scott Goss

Home Stadiums LLC

PO Box 6221

Charlottesville, VA 22906

info@HomeStadiums.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Home Stadiums Solutions is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

                        9.2.2.  DMCA Counter-Notification Procedures.  If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Home Stadiums (a “DMCA Counter-Notice”) by submitting written notification to the Home Stadiums Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following:

  • Your physical or electronic signature;
  • Identification 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 disabled;
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number (and if you wish to facilitate Home Stadiums’s ability to contact you, your e-mail address); and
  • 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 your address is outside of the United States, for any judicial district in which Home Stadiums may be found), and that you will accept service of process from the person who provided us with the DMCA Notice at issue.

The DMCA allows Home Stadiums to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your DMCA Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Home Stadiums Solutions was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

            9.3.  Reporting Claims of Other Intellectual Property Infringement.  If you believe any User Content accessible on or through the Home Stadiums Solutions infringes your Intellectual Property Rights (other than your copyrights), you may request removal of the User Content (or access thereto) from the Home Stadiums Solutions by submitting written notification to the Home Stadiums Intellectual Property Agent (designated above). The written notice (an “Infringement Notice”) must include all of the following:

  • Your physical or electronic signature.
  • Identification and description of the Intellectual Property Rights you believe to have been infringed. If you are reporting a claim of trademark infringement, your written notice must identify the exact trademark, service mark, or other mark (and if the mark is anything other than standard characters, you must include a copy of the mark), a description of the goods or services for which you believe you have trademark rights, the registration number and office of registration (if applicable), and a description of the reason why you believe the User Content (“Alleged Infringing Content”) causes a likelihood of confusion with or dilution of your mark.
  • Identification of the Alleged Infringing Content you believe to be infringing in a sufficiently precise manner to allow us to locate it. Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address).
  • A statement that you have a good faith belief that use of the Alleged Infringing Content is not authorized by the owner of the Intellectual Property Rights, the owner’s agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are the authorized owner of the Intellectual Property Rights or that you are authorized to act on behalf of the owner of the Intellectual Property Rights.

Upon receipt of an Infringement Notice, we may act in any manner that we deem reasonable and appropriate, including temporarily or permanently Removing the Alleged Infringing Content described in such Infringement Notice. However, we will generally endeavor to provide a copy of the Infringing Notice to the user who is responsible for the applicable Alleged Infringing Content (the “Responsible Party”) and request that such Responsible Party provide a written response to the party alleging infringement (the “Asserting Party”) or to us, in which case we will forward such response to the Asserting Party, together with the Responsible Party’s contact information (name, address and e-mail address). If the Responsible Party’s response is not satisfactory to the Asserting Party, or the Responsible Party fails to respond within ten (10) business days of the date we forward the Infringement Notice, we may disclose, if known, the name, address, e-mail address, and other contact information of such Responsible Party to the Asserting Party, in which case, such Responsible Party and such Asserting Party shall communicate directly to resolve the matters alleged in such Infringement Notice. Thereafter, but without limiting our rights to take any other action that we deem appropriate or reasonable (including Removing the Alleged Infringing Content), we shall Remove or otherwise act with respect to the Alleged Infringing Content upon a written direction from both the Asserting Party and the Responsible Party or in accordance with Section 9.1 above.

HOME STADIUMS HAS NO RESPONSIBILITY OR LIABILITY TO ANY PERSON FOR REMOVING ANY USER CONTENT OR OTHER CONTENT OR MATERIALS. YOU AND EACH USER EXPRESSLY AND FOREVER WAIVE ALL CLAIMS AGAINST THE HOME STADIUMS PARTIES ARISING OUT OF OR RELATING TO THE TEMPORARY OR PERMANENT SUSPENSION OR REMOVAL OF ANY USER CONTENT OR OTHER CONTENT OR MATERIALS.

You agree that if you knowingly materially misrepresent that User Content or activity on the Home Stadiums Solutions is infringing Intellectual Property Rights, you will be held liable for (and will reimburse and pay the Home Stadiums Parties for) costs and fees (including attorneys’ fees) and other damages incurred by Home Stadiums in reviewing, investigating, addressing, and responding to your written notice and the claims made in such notice.

  1. Advertising.This Site may include advertising, which may be targeted to you based on information that you provide to us, your use of this Site, and other information. In exchange for us granting you permission to access and use this Site, you consent to Home Stadiums (and our third party providers, partners, and affiliates) placing such advertising on this Site.
  2. Indemnification. You agree to indemnify, defend, and hold harmless the Home Stadiums Parties from, against, and with respect to any and all liabilities, claims, losses, damages (including property damage and all incidental, consequential, punitive, special, and exemplary damages), injuries (including personal injury, sickness, and death), interest, fines, taxes, premiums, assessments, penalties, costs, and expenses (collectively, “Claims”), including any and all attorneys’ fees, paraprofessionals’ fees, and expenses incurred in the defense of Claims (whether or not a suit is instituted and, if so instituted, through all trial and appellate levels), arising out of or related to: (a) your use of and access to the Home Stadiums Solutions; (b) the use of your Home Stadiums Account (whether by you or any other person); (c) your breach or violation of any provision of these Terms of Use; (d) our exercise of any rights or licenses granted by you to us (including the use of Your Content and Feedback); (e) any inaccuracy in or breach of any of the representations or warranties made by you; (f) your violation or alleged violation of any law or infringement of any third party right, including any Intellectual Property Rights or privacy rights; (g) your negligence, recklessness, or willful misconduct; or (h) any claim that your use of the Home Stadiums Solutions caused damage to a third party. Home Stadiums will have the exclusive right: (i) to select legal counsel to defend Claims, (ii) to direct the defense or settlement of Claims, (iii) to make, accept, or reject any offers of settlement of Claims, (iv) to enter into any settlement, and (v) to admit or deny fault or liability. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by Home Stadiums in connection with any litigation relating to such breach. Notwithstanding the foregoing, nothing in these Terms of Use requires you to indemnify, defend, or hold harmless the Home Stadiums Parties (or any other person) for any Claims to the extent that such Claims occur as a result of our negligence, recklessness, or willful misconduct. The provisions of this Section 11 apply to the fullest extent permitted by applicable law. Your obligations under this Section 11 will continue even if you stop using the Home Stadiums Website and will survive the deletion, closure, expiration, or termination of your Home Stadiums Account or these Terms of Use.
  3. Disclaimers and Limitation of Liability - PLEASE READ CAREFULLY: This Section 12 limits the liability of the Home Stadiums Parties.The provisions of this Section apply to the maximum extent permitted under applicable law. In addition, some jurisdictions do not permit the limitation of liability in contracts or the disclaimers of implied warranties, so some or all of the provisions of this Section may not apply to you.

            12.1.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOME STADIUMS MATERIALS AND YOUR USE OF THE HOME STADIUMS SOLUTIONS AND ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING THE HOME STADIUMS WEBSITE IS AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

            12.2.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOME STADIUMS PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, RELATING TO (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR HOME STADIUMS ACCOUNT (AND ANY PRODUCTS PROVIDED OR SHIPPED BY HOME STADIUMS PURSUANT TO SUCH ORDERS), or (B) THE HOME STADIUMS SOLUTIONS OR THE USE THEREOF BY YOU OR ANY OTHER PERSON. NONE OF THE HOME STADIUMS PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, APPROPRIATENESS, LEGALITY, SAFETY, OR AVAILABILITY OF (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR HOME STADIUMS ACCOUNT (AND ANY PRODUCTS PROVIDED OR SHIPPED BY HOME STADIUMS PURSUANT TO SUCH ORDERS), or (B) THE HOME STADIUMS SOLUTIONS OR THE USE THEREOF BY YOU OR ANY OTHER PERSON. WITHOUT LIMITING THE FOREGOING, NONE OF THE HOME STADIUMS PARTIES REPRESENTS OR WARRANTS THAT THE HOME STADIUMS SOLUTIONS OR ANY OTHER CONTENT OR INFORMATION PROVIDED IN CONNECTION THEREWITH WILL MEET ANY OF YOUR NEEDS OR EXPECTATIONS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, or THAT DEFECTS WILL BE CORRECTED.

            12.3.  TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE HOME STADIUMS PARTIES WILL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR HOME STADIUMS ACCOUNT (AND ANY PRODUCTS PROVIDED OR SHIPPED BY HOME STADIUMS PURSUANT TO SUCH ORDERS), (B) THE HOME STADIUMS SOLUTIONS OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (C) THE PERFORMANCE OR NON-PERFORMANCE BY HOME STADIUMS OF ANY OF ITS OBLIGATIONS UNDER THESE TERMS OF USE, OR (D) THE OPERATION OR MALFUNCTION OF THE HOME STADIUMS SOLUTIONS, REGARDLESS OF WHETHER OR NOT WE, YOU, OR ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

            12.4.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE HOME STADIUMS PARTIES TO YOU OR ANY OTHER PERSON FOR ANY REASON AND UPON ANY CAUSE OF ACTION (WHETHER BASED IN TORT, CONTRACT, OR ON ANY LEGAL OR EQUITABLE GROUND OR THEORY OF RECOVERY) ARISING OUT OF OR RELATING TO (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR HOME STADIUMS ACCOUNT (AND ANY PRODUCTS PROVIDED OR SHIPPED BY HOME STADIUMS PURSUANT TO SUCH ORDERS), (B) THE HOME STADIUMS SOLUTIONS OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, OR (C) THE OPERATION OR MALFUNCTION OF THE HOME STADIUMS SOLUTIONS, WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL AMOUNT PAID BY YOU TO HOME STADIUMS PURSUANT TO THESE TERMS OF USE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING SUCH LIABILITY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON‑INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

            12.5.  You and Home Stadiums acknowledge that the disclaimers and limitations of liability in this Section 12 represent the bargained for allocations of risk, and that the consideration received by Home Stadiums from you under these Terms of Use (including the payments made by you for any Orders or for other Home Stadiums Solutions) represents such allocations of risk. You acknowledge and agree: (a) that neither Home Stadiums nor any person acting, or purporting to act, on behalf of Home Stadiums has made any representations to you other than those representations expressly made by Home Stadiums in these Terms of Use, and (b) that in connection with your acceptance of these Terms of Use, you have not relied upon any representations made by Home Stadiums or any person acting, or purporting to act, on behalf of Home Stadiums other than those representations and warranties expressly made by Home Stadiums in these Terms of Use.

            12.6.  SOME JURISDICTIONS MAY NOT ALLOW OR MAY OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION 12. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION 12 WILL CONTINUE TO APPLY EVEN IF YOU STOP USING THE HOME STADIUMS WEBSITE OR THE OTHER HOME STADIUMS SOLUTIONS AND WILL SURVIVE THE DELETION, CLOSURE, EXPIRATION, OR TERMINATION OF YOUR HOME STADIUMS ACCOUNT OR THESE TERMS OF USE.

            12.7.  Notwithstanding any other provision of these Terms of Use to the contrary, nothing in these Terms of Use will be deemed to limit our liability for any personal injury, death, or property damage occurring on our premises to the extent that such personal injury, death, or property damages results from our negligence, recklessness, or willful misconduct. The limitations of liability set forth in this Section 12: (a) only apply to the extent permitted by law, and (b) do not apply to the extent that such liability results from our gross negligence, recklessness, or willful misconduct.

            12.8.  New Jersey Consumers.  Notwithstanding any other provision of these Terms of Use to the contrary, if you are a “consumer” within the meaning of N.J. Stat. § 56:12-15, nothing in these Terms of Use waives (a) any rights you may have under N.J. Stat. §§ 56:12-14 - 56:12-18, or (b) any rights you may have to recover (i) your attorneys’ fees, (ii) your share of any arbitrators’ and administrative fees of arbitration, or (iii) your court costs, filing fees, and other reasonable costs of suit.

  1. Governing Law and Interpretation.These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, you and Home Stadiums expressly agree: (a) that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), and the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) are expressly excluded from these Terms of Use, (b) that any and all terms contained in UCITA or CISG will have no force or effect on any portion of these Terms of Use, and (c) that UCITA and CISG do not apply to these Terms of Use or any Orders placed by you or any other sales or transactions between you and Home Stadiums. If any ambiguity or question of intent or interpretation arises, these Terms of Use will be construed as if drafted jointly by Home Stadiums and you, and no presumptions or burden of proof will arise favoring or disfavoring Home Stadiums or you by virtue of authorship of any of the provisions of these Terms of Use. We retain all rights at law and in equity to enforce the provisions of these Terms of Use in accordance with applicable laws.
  2. Dispute Resolution – PLEASE READ CAREFULLY:  This Section 14 includes important provisions that affect your legal rights, including a waiver of the right to a jury, a limitation of the period of time for bringing a claim against us, and an agreement that any court proceedings will take place only in certain locations in Virginia.

            14.1.  Injunctive Relief.  You acknowledge and agree that any violation of these Terms of Use may cause irreparable harm to the Home Stadiums Parties, for which monetary damages would not be an adequate remedy. Therefore, you agree that: (a) Home Stadiums will be entitled to immediate injunctive relief to enjoin any actual, suspected, threatened, or potential violation by you of these Terms of Use; (b) Home Stadiums will be entitled to such injunctive relief without any obligation (i) to post a bond or other security, or (ii) to prove actual damages or to prove that monetary damages will not provide an adequate remedy; and (c) you will not oppose or otherwise challenge the appropriateness of injunctive relief or the entry by a court of competent jurisdiction of an order granting injunctive relief.

            14.2.  Service of Legal Process.  To the extent permitted by law, if your Account Information does not contain your current and accurate physical address (or if we are unable, after reasonable efforts, to effect service of process on you at such physical address), you hereby irrevocably agree to accept service of process by any means of communication associated with your Home Stadiums Account or through any contact information in your Account Information, including service by U.S. mail, e-mail, short message service (SMS), messages or alerts displayed or sent to you through the Home Stadiums Website, or social media messages, posts, or tweets, and you waive any objections to service of process by such methods.

            14.3.  Time Period for Bringing Claims.  TO THE EXTENT PERMITTED BY LAW: YOU MUST COMMENCE OR FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO (A) THESE TERMS OF USE, (B) ANY ORDERS, (C) THE HOME STADIUMS WEBSITE AND/OR ANY OTHER HOME STADIUMS SOLUTIONS (OR THE USE OF ANY OF THE FOREGOING BY YOU OR ANY OTHER PERSON), (D) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR HOME STADIUMS OF ANY OF OBLIGATIONS UNDER THESE TERMS OF USE, OR (E) ACTUAL OR ALLEGED INFRINGEMENT BY YOU OR ANY OF THE HOME STADIUMS PARTIES OR AFFILIATES, OR THE HOME STADIUMS WEBSITE OF ANY INTELLECTUAL PROPERTY RIGHTS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE THE RIGHT TO COMMENCE OR FILE ANY SUCH CLAIM OR ACTION UNDER ANY LONGER STATUTE OF LIMITATIONS.

            14.4.  Venue.  Any and all claims or disputes arising out of or relating to (a) these Terms of Use, (b) any Orders, (c) the Home Stadiums Website and/or any other Home Stadiums Solutions (or the use of any of the foregoing by you or any other Person), (d) the performance or non-performance by you or Home Stadiums of any of obligations under these Terms of Use, or (e) actual or alleged infringement by you or any of the Home Stadiums Parties or Affiliates, or the Home Stadiums Solutions of any Intellectual Property Rights, will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Albemarle County, Virginia or the City of Charlottesville, Virginia. YOU AND HOME STADIUMS BOTH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ANY SUCH COURT (AND IN ANY OF THE APPROPRIATE APPELLATE COURTS THEREFROM) AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION (INCLUDING ANY OBJECTION BASED ON INCONVENIENT FORUM) WHICH YOU OR HOME STADIUMS MAY NOW OR HEREAFTER HAVE TO VENUE IN ANY SUCH COURT.

            14.5.  Waiver of Jury Trial.  YOU AND HOME STADIUMS IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR HOME STADIUMS MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO (A) THESE TERMS OF USE, (B) ANY ORDERS, (C) THE HOME STADIUMS WEBSITE OR ANY OTHER HOME STADIUMS SOLUTIONS (OR THE USE OF ANY OF THE FOREGOING BY YOU OR ANY OTHER PERSON), (D) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR HOME STADIUMS OF ANY OF OBLIGATIONS UNDER THESE TERMS OF USE, OR (E) ACTUAL OR ALLEGED INFRINGEMENT BY YOU OR ANY OF THE HOME STADIUMS PARTIES OR AFFILIATES, OR THE HOME STADIUMS SOLUTIONS OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU CERTIFY AND ACKNOWLEDGE THAT: (1) NONE OF THE HOME STADIUMS PARTIES HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT HOME STADIUMS WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (2) YOU HAVE CAREFULLY CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (3) YOU ARE MAKING THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (4) YOU HAVE BEEN INDUCED TO ENTER INTO THESE TERMS OF USE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION.

  1. Acceptable Use Policy.

            15.1.  Safety and Rights of Others.  You agree that you will not:

                        15.1.1.  Send spam, junk mail, chain letters, pyramid schemes, or the like to us or through the Home Stadiums Website;

                        15.1.2.  Transmit to us or through the Home Stadiums Website any other person’s private or sensitive information, including, for example, Social Security numbers or taxpayer identification numbers, passport numbers, driver’s license numbers or other government-issued identification numbers, bank account numbers, credit or debit card numbers, login or authentication credentials (such as passwords), non-public contact information (including phone numbers, street or mailing addresses, and e-mail addresses), addresses or locations that are considered and treated as private, images or videos that are considered and treated as private under applicable laws, or other similar information;

                        15.1.3.  Submit any content that is obscene, defamatory, libelous, slanderous, threatening, harassing, abusive, embarrassing, hateful, or racially or ethnically offensive to any other person, or that is unlawful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

            15.2.  No Disruptive Activities.  We want all of our users to enjoy a high quality experience when using the Home Stadiums Website. You agree that you will not:

                        15.2.1.  Send any content or materials to or through this Site that do not comply with these Terms of Use;

                        15.2.2.  Access or use this Site using the Home Stadiums Account of another user;

                        15.2.3.  Circumvent, compromise, or undermine the security or integrity of this Site, or attempt to do so;

                        15.2.4.  Probe, scan, or test the vulnerability of this Site, or any systems, networks, servers, computers, devices, or equipment owned or controlled by any of the Home Stadiums Parties or our users;

                        15.2.5.  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of this Site, or any server, network, computer, device, system, or database owned or controlled by any of the Home Stadiums Parties (or any of our users) or related to, associated with, or connected to the Home Stadiums Website;

                        15.2.6.  Use any automated device, process, or means (such as robots or spiders) to access or use the Home Stadiums Website for any purpose, including monitoring or copying any Home Stadiums Materials;

                        15.2.7.  Attack the Home Stadiums Website via a denial-of-service or distributed denial-of-service attack;

                        15.2.8.  Use the Home Stadiums Website in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of this Site;

                        15.2.9.  Interfere with or disrupt the performance or integrity of the Home Stadiums Website or any data transmitted by or through the Home Stadiums Website;

                        15.2.10.  Engage in any other conduct that, in our determination, restricts or inhibits anyone’s use or enjoyment of the Home Stadiums Website or that may harm any of the Home Stadiums Parties or our users or expose the Home Stadiums Parties or our users to liability; or

                        15.2.11.  Transmit any viruses, Trojan horses, worms, malware, or other material which is malicious or technologically harmful through the Home Stadiums Website.

  1. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of the Home Stadiums Website by Children is prohibited by these Terms of Use. This Site is not designed for or marketed to Children, and Home Stadiums does not knowingly collect Personal Information (as defined in the Privacy Policy [https://www.HomeStadiums.com/pages/Privacy-Policy]) from Children through this Site. By using this Site and/or submitting any information to Home Stadiums through this Site, you represent and warrant that you are at least thirteen (13) years old.
  2. Force Majeure.The Home Stadiums Parties shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in fulfilling Order or performing any term of these Terms of Use if such failure or delay is caused by, results from, or arises out of acts or circumstances beyond the reasonable control of Home Stadiums, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the force majeure conditions continue uninterrupted for more than one hundred eighty (180) days, you shall be entitled to give us written notice terminating any Orders affected by such force majeure conditions.
  3. Termination.We reserve the right, without any liability to you, to modify, suspend, disable, delete, close, or terminate your Home Stadiums Account or Your Content (in whole or in part), and to suspend or terminate your permission to access and use the Home Stadiums Website for violation of these Terms of Use, or for any other reason. If you wish to end your relationship with us, you may request the closure of your Home Stadiums Account at any time by contacting us at Info@homestadiums.com. After the closure of your Home Stadiums Account, we may retain your Account Information indefinitely for accounting, legal, and other purposes. These Terms of Use and all rights and permission granted by Home Stadiums to you will automatically terminate upon the closure, deletion, or termination of your Home Stadiums Account. Any termination, cancellation, or expiration of these Terms of Use notwithstanding (and notwithstanding the closure, deletion, or termination of your Home Stadiums Account or your stopping using the Home Stadiums Website), provisions which are by their terms intended to survive and continue will so survive and continue, including Sections 6.3, 7.2, 7.3, 8, 9, 10, 11, 12, 13, 14, 15, 17, and 20.
  4. Links to Third Party Websites.We may provide links on this Site or within the Home Stadiums Solutions to other websites that are not under our control (each, a “Third Party Site”). In general, any website that has an address (or URL) not containing our domain name (homestadiums.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between Home Stadiums and a Third Party Site; or (b) Home Stadiums’s approval, sponsorship, or endorsement of a Third Party Site, the organization or individual operating such Third Party Site, or any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, intellectual property compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any Privacy Policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.
  5. Miscellaneous.

            20.1. Reservation of Rights. We reserve all rights relating to the Home Stadiums Solutions and the content and information available on or through the Home Stadiums Solutions (including all of the Home Stadiums Materials) not expressly granted to you by these Terms of Use.

            20.2.  Further Assurances.  You agree to execute, acknowledge, and deliver all such further documents, and take such further action, as may be reasonably required to carry out and consummate the transactions contemplated by these Terms of Use.

            20.3. Severability; Non-Waiver.  If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of Home Stadiums.

            20.4.  No Assignment; No Third Party Beneficiaries.  These Terms of Use are personal to you. Neither these Terms of Use nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the Parties and their respective successors, assigns, and legal representatives. Nothing in these Terms of Use is intended, nor will be deemed, to confer any rights or remedies upon any Person other than the Home Stadiums Parties and you.

            20.5.  Headings and General Construction.  The descriptive headings in these Terms of Use are inserted for convenience only and do not constitute a part of these Terms of Use.  Throughout these Terms of Use, unless the context requires otherwise, the use of the singular includes the plural, and vice versa, and the referents of masculine, feminine, and gender neutral pronouns shall not be limited to referents of the specified gender. The words “include”, “includes”, and “including” are not limiting, the word “or” is not exclusive, and the word “herein” refers to these Terms of Use.

            20.6.  Entire Agreement.  These Terms of Use contain the entire agreement and understanding between you and us with respect to (a) your use of the Home Stadiums Website, the Home Stadiums Materials, the Home Stadiums Solutions, and (b) all Orders placed by you through the Home Stadiums Website, and these Terms of Use supersede and replace any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of these Terms of Use.

  1. Contacting Us.If you have any questions about these Terms of Use (including the Privacy Policy or the Replacement Policy), the Home Stadiums Solutions, or your Home Stadiums Account, you may contact us by email at Info@homestadiums.com.