Terms of Use

These Terms of Use are effective as of, and were last updated on June 11, 2025.

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-877-833-7397, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7583 OUTSIDE THE UNITED STATES) OR VIA OUR CONTACT US PAGE.

NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS OF USE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE PROPERTIES WILL BE RESOLVED. FOR EXAMPLE, SECTION 27 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms, please note Section 22 and 23 contain important limitations on our liability.

The following terms of use (the “Terms of Use”) contain the terms and conditions applicable to you and your access to and use of any websites, mobile applications, and other online platforms or services owned or operated by Fanatics Loyalty, LLC, and/or its affiliates (collectively, “Fanatics,” “we”, “us”, “our”) where these Terms of Use are posted, including, without limitation, the Fanatics mobile application and the Fanatics ONE website (collectively, the “Properties”). Your use of the Properties are at all times subject to these Terms of Use, as the same may be modified by us from time to time in our sole discretion, as well as all applicable laws, rules and regulations. Please read these Terms of Use carefully. If you are dissatisfied with these Terms of Use or the Properties or any material on the Properties, your sole and exclusive remedy is to discontinue using the Properties.

Acceptance of Terms of Use

BY ACCESSING AND USING THE PROPERTIES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

For purposes of clarity, if you do not agree to be bound by these Terms of Use, you may not access or use the Properties. These Terms of Use may be prospectively changed, modified, or altered by us in our sole discretion at any time without any prior notice. If we materially change the Terms of Use, we will make commercially reasonable efforts to notify you as soon as practicable through a notice, posting updated Terms of Use on the Properties, or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. 

Accordingly, when you access or use the Properties, you should check the date of the Terms of Use and be aware of any changes since the last version. Your continued use of the Properties following the posting of any changes to these Terms of Use shall be deemed as your acceptance of such changes. Your access to and use of the Properties will be governed by the Terms of Use in effect at the time of such access or use.

Other Sources of Terms and Conditions; Promotions and Coupons

Certain provisions of the Terms of Use may be superseded by expressly designated legal notices, rules or other terms located on the Properties, and, additionally in order to participate in or use certain services, discounts or coupons, or participate in certain promotions or contests that may be run from time to time with respect to the Properties (“Offer(s)”), you may be required to agree to additional or different terms and conditions, including but not limited to the terms and conditions governing such promotions (“Additional Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only on the Properties (or the particular Property specified in the Offer) and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law unless canceled by us as permitted herein, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order

Use of the Properties

The content and information that we post on the Properties may be used only for informational, personal or other purposes authorized by us. By accessing and using the Properties, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are shopping  on or otherwise engaging with the Properties you are 18 years of age or older; (d)  if you are playing the free to play games on the Properties you are 21 years of age or older; and (e) your use of the Properties does not violate any applicable law, rule or regulation. While we sell merchandise for children’s use, this merchandise is intended for sale only to adults. The Properties are general use digital properties and are not targeted toward children under the age of 16. The Properties are intended for use by residents of the United States or non-residents that agree to use the Properties in accordance with US laws, these Terms of Use and the Privacy Policy. If you are located in the European Economic Area (“EU”), please visit our site at fanatics.co.uk. By using the Properties, you further represent and warrant that you (i) are located inside the US or (ii) are located outside the EU and agree to be bound by US laws in all contexts related to or arising from these Terms of Use or the Properties. Use of and access to the Properties is void where prohibited.

Unauthorized Use

You may not use the Properties or any portion thereof for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Properties and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Properties. We may remove any unauthorized content, links, etc. without any notice. Some examples of unauthorized, illegal or unlawful use of the Properties include, but are not limited to: 

• Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Properties without our prior written consent;
• Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
• Using a framing or similar technique without our prior written permission;
• Creating or maintaining any link from another website to any page on the Properties without our prior written permission;
• Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• Covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS or any other means;
• Any automated use of any system, such as using scripts to alter content;
• Interfering with, disrupting, or burdening the Properties or the networks, systems or services connected to the Properties;
• Using any automated system or software to extract data from the Properties for commercial purposes (including “screen scraping”);
• Attempting to impersonate another user or person at checkout or otherwise;
• Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
• Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Properties on behalf of that person, such as placing commercial content on the Properties;
• Using the Properties for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
• Attempting to include any of the following in merchandise that is offered for sale through the Properties and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party’s authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
• Using the Properties in a manner inconsistent with any applicable law, rule or regulation.

FanCash

We may at times offer FanCash or other, similar programs. Where offered, FanCash benefits shall be subject to the applicable FanCash terms (FBG’s FanCash Program terms at https://sportsbook.fanatics.com/legal/tn/fancash-program-terms and the Fanatics FanCash Policy at https://www.fanatics.com/fancash-policy/ch-5060). We reserve the right to discontinue any FanCash program or modify the terms applicable to any FanCash program at any time.

Challenges

From time to time, we may permit users to participate in “Challenges,” which are Offers that allow users to earn FanCash or other benefits by taking certain actions. Such actions may include, by way of example only, creating an account, playing a game, purchasing select items on the Properties, or providing information. Details of challenges will be provided with the Challenge or Offer.

For avoidance of doubt, Challenges are subject to these Terms of Use, including the terms and conditions applicable to Offers set forth in Section 2, unless and to the extent modified or superseded by any applicable Additional Terms. Before participating in a Challenge, please carefully review any Additional Terms applicable to the Offer.

In some cases, Challenges may call for users to take actions on Other Platforms or the platforms of our affiliates or other third parties. In such cases, the Challenge will also be subject to any terms and conditions applicable to such platforms. For example, some Challenges may allow users to earn FanCash in exchange for taking certain actions in connection with the Fanatics Sportsbook & Casino (the “Sportsbook & Casino”), an online sports betting and casino service operated by our affiliate, FBG Enterprises Opco, LLC. Such Challenges will be subject to (a) Additional Terms, which will include, among other terms and conditions, age and other eligibility requirements; and (b) all applicable terms and conditions of the Sportsbook & Casino (the “Sportsbook & Casino Terms”). Challenges requiring use of the Sportsbook & Casino are only available to users who meet the eligibility and other requirements in the applicable Additional Terms and Sportsbook & Casino Terms.

Receiving FanCash or any other benefit offered in connection with a Challenge may require verification by Fanatics of your eligibility, identity, successful completion of the Challenge, and/or other criteria (the “Verification Process”). You understand and agree that you are not entitled to receive Fan Cash in connection with a Challenge unless and until the Verification Process is complete.

Failure to cooperate with Fanatics during the Verification Process, including your failure to complete any documentation in the manner and timeframe indicated by us, may result in the forfeiture of the applicable FanCash.

We reserve the right to modify, suspend, or terminate Challenges at any time and in our sole discretion, including if any fraud, technical failures, or other developments impair the integrity or proper functioning of the Challenge, and you agree that we shall have no liability to you in connection with any such modification, suspension, or termination, even if it results in your failure to acquire, or the revocation of, FanCash.

Further, we reserve the right to disqualify any person from a Challenge (and to revoke any FanCash or other benefit earned in connection therewith) if the person is determined to have (a) tampered with the operation of the Challenge (or to have attempted the same); (b) acted in violation of these Terms of Use, other applicable terms and conditions (including the Sportsbook Terms), or any applicable law; or (c) otherwise acted in an unsportsmanlike or disruptive manner.

Fanatics ONE Loyalty Program

The Fanatics ONE Program (the “Loyalty Program”) is a loyalty program available to certain eligible customers. To participate, you must (a) have reached the age of majority in your jurisdiction of residence, and (b) meet all other eligibility requirements set forth in the Fanatics ONE Loyalty Program Terms (the “Program Terms”). In addition to these Terms of Use, participation in the Loyalty Program is subject to the Program Terms, the Sportsbook & Casino Terms, and the terms and conditions applicable to any other Fanatics property used in connection with the Loyalty Program. 

Members of the Loyalty Program (“Program Members”) are able to accrue points (“Tier Points”) by earning FanCash through purchases made on Fanatics.com and the Fanatics App and wagers placed with the Sportsbook & Casino. Tier Points can be accumulated to reach certain loyalty status tiers (“Tiers”), each of which has its own set of loyalty benefits (“Benefits”). The details of earning Tier Points, reaching Tiers, and the Benefits associated with each Tier are set forth in the Program Terms and Additional Terms provided by Fanatics in connection with the Loyalty Program.

Links to Third Party Sites; Advertisers

We may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, through the Properties, as further described in Section 24 below (“Third Party Transactions”). We have no control over, and do not necessarily endorse, any Third Party Site’s services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

Privacy Policy

By your use of the Properties, you are deemed to have agreed to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy (“Privacy Policy”). All provisions of the Privacy Policy are incorporated by reference herein.

Products, Content and Specifications

The inclusion of any products or services on the Properties neither implies nor warrants that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your particular services provider, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Properties by any third party, including but not limited to customers,  manufacturers, distributors or suppliers of products and services sold through the Properties, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).

Placing an Order; Limitations; Order Acceptance

By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not resell the products you have ordered.

We reserve the right, without any prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason or no reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We shall be deemed to have accepted your order only upon shipment of the product. With respect to the shipment of products and services sold through the Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your sole responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Properties.

If you complete your purchase and specify shipment to a Canadian or other international address, you agree and acknowledge that you are: (i) authorizing Fanatics to engage a third party carrier on your behalf to manage the shipping and importation of the goods into that location; (ii) authorizing the third party carrier’s customs broker to act as your agent to transport your purchases across the border into that location, clear the merchandise with the applicable border control organization (e.g., Canada Border Services Agency), and process all applicable duties, taxes, and fees on your behalf; and (iii) authorizing Fanatics to collect an additional amount at checkout to cover all of the applicable duties, taxes, and brokerage fees to be incurred on your behalf, and to retain any remaining amounts as an additional fee charged by Fanatics to you for arranging for the importation of your order. Additionally, please note that purchases of products may also be subject to the terms and conditions present on Fanatics.com.

Game Statistics and Live Scoring

To the extent that Fanatics offers “live” statistics during gameplay, all “live” statistics and other information provided through the Properties are unofficial. Live sports statistics are offered for informational and/or entertainment purposes only and are not used to determine the results of a sporting event or contest. Neither Fanatics nor its third party service providers warrant nor make any representations of any kind with respect to the game statistics and live scoring information provided through the Properties. Fanatics and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Properties and shall not be responsible or liable for any error or omissions in that information.

Game Results & Winnings

Results and winnings from our free-to-play games are based on the final statistics and scoring results at the completion of the sporting event or other contest (or relevant portion thereof). Once game results are reviewed and graded, winnings or other prizes will be awarded. The results of a free-to-play game will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Fanatics’ sole and absolute discretion.

Subject to Fanatics verifying your compliance with these Terms of Use, the terms and conditions governing the free-to-play game you participated in, and any other conditions of participation, at the conclusion of each game (e.g., when all relevant events have concluded), Fanatics shall use commercially reasonable efforts to award the winnings to your account within a reasonable amount of time. Note that while all games are free-to-play, message and data rates may apply; see carrier for details.

Property; Intellectual Property

All content of the Properties (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Properties are the exclusive property of Fanatics, and/or one of its affiliates, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Properties is the property of its respective owner. We reserve all rights not expressly granted in and to the content of and the services provided on the Properties. 

User-Generated Content

Users may be able to post content in certain areas on the Properties or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Properties or Other Platforms (“User Content”). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Properties or otherwise have the sufficient right to grant the license set forth in this Section 15; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Properties does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Properties. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

Publicity License and Release

Subject to applicable law and our Privacy Policy, by playing a game or shopping on the Properties, you grant, license and consent to the use of your name, voice, likeness, image, city/state, photograph or video by Fanatics, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Properties, including any components thereof, and/or Fanatics generally, unless otherwise prohibited by law. Fanatics, its service providers, and its business partners reserve the right to make public statements about any Fanatics free to play game winner(s), in any media channels, including but not limited to the Properties, the internet/social media, and all manner of television now known or hereinafter invented, at any time in connection with the sports wagering event in which participants engaged. You agree that you are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to Fanatics’ use of the license granted in this Section 16.

Digital Millennium Copyright Act (DMCA) Notice

Materials (including User Content) may be made available via the Properties by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Properties for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Properties. If you believe any materials on the Properties infringe a copyright, you should provide us with written notice that at a minimum contains

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Fanatics Loyalty, LLC 8100 Nations Way

Jacksonville, FL 32256

Attn: Paralegal, Legal Department OR

fanaticsapp_privacy@fanatics.com with the subject line “DMCA” and providing information regarding the nature of your rights and the location of any alleged infringement.

No Ideas Accepted

We do not accept any unsolicited ideas on or through the Properties from outside Fanatics, including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to or through the Properties, you understand and acknowledge that Fanatics has no obligation to acknowledge your submission, such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between you and Fanatics. By submitting your idea, you represent that you are authorized to do so, and your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics’ use or distribution of your submission will not give rise to any claims against Fanatics or its affiliates. You hereby grant us an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Termination of Access and/or Account

In addition to any right or remedy that may be available to us under these Terms of Use or under applicable law, we may limit, suspend, or terminate your access to the Properties (including, without limitation, your account registration, your ability to post User Content, and your participation in any Offer or other service provided in connection with the App), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities.

Term

These Terms of Use shall remain in full force and effect while you use or access the Properties or have an account with the Properties. See our Privacy Policy for instructions on how to modify or delete your account. All terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees (the “Fanatics Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (1) your use of the Properties in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein) (2) any allegation that any content or other material you have submitted or transmitted to or through the Properties infringes, misappropriates or otherwise violates the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law, and/or (4) your activities or omissions in connection with the Properties.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE PROPERTIES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROPERTIES, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREON WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

LIMITATION ON LIABILITY

IN NO EVENT SHALL THE FANATICS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS

OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE FANATICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FANATICS PARTIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF (A) THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) TEN UNITED STATES DOLLARS.

Third Party Transactions

Through your use of the Properties, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Fanatics shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through the Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

U.S. Export Controls

Software made available to you via the Properties (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Governing Law & Forum for Non-Arbitrated Disputes

These Terms of Use and your use of the Properties will be governed by federal and New York law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Properties.

Following an arbitration between you and a Fanatics Party (as defined below) pursuant to Section 27, any post-arbitration action concerning the arbitration award shall be brought exclusively in the state or federal courts in New York.

In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York (the “Forum”) to resolve any Intellectual Property Disputes (as defined below) exempted from the arbitration agreement in Section 27 below, or any other claims or requests for relief otherwise determined not to be arbitrable. For any claims or requests for relief not subject to arbitration, (a) you and we hereby waive any argument that the Forum does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (b) you and we waive any and all rights to trial by jury with respect to any such claims or requests for relief. You and we also agree that each party may bring disputes against the other only in an individual capacity, and not as a class action or collective action.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

To the fullest extent allowed by applicable law, you and we agree to submit all Disputes between us to individual, binding arbitration under the terms of this Section 27. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you, on the one hand, and Fanatics, any of its affiliates, subsidiaries, employees, agents, licensors, or business partners, or any related third party (each a “Fanatics Party”), on the other hand, that relates to or arises from any aspect of our relationship, past, present or future. For purposes of this Section 27, references to “Fanatics,” “we,” “us,” and “our” refer collectively to the Fanatics Parties or, as context requires, to the particular Fanatics Party involved in the relevant Dispute. Disputes include, for example, disputes, claims, or controversies arising from or relating to (a) you using the Properties, creating or using an account, paying any fee, making an online purchase, or redeeming an Offer and (b) the Terms of Use, together with any other terms, conditions, or policies incorporated into the Terms of Use (including the Additional Terms applicable to various parts of the Properties). A Dispute will be subject to the terms of Section 27 no matter if it is based in contract, statute, regulation, ordinance, tort (including alleged fraud, misrepresentation, or negligence), or any other legal or equitable theory. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

Initial Dispute Resolution:  To help reduce the cost of any Dispute, you and we agree to first try to negotiate any Dispute informally for at least 30 days before either party initiates any arbitration (“Initial Dispute Resolution Period”). The Initial Dispute Resolution Period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, we will send notice to the billing address and email address you provided to us. If you have a Dispute with us, you must notify us by sending written notice to Fanatics Loyalty LLC, 95 Morton Street, New York, NY 10014, ATTN: Fanatics Corporate Legal Department. Your notice of Dispute must include your name and the email address, billing address, and shipping address associated with your transaction(s) and your Fanatics account (if you have one). The notice must also describe the basic alleged facts of the Dispute, and what you want us to do to resolve the problem. You and Fanatics will use good-faith efforts to resolve any Dispute, and you agree that following this procedure (the “Initial Dispute Resolution Procedure”) is a material term and a precondition to either party initiating an arbitration. If either of us initiates an arbitration without following this procedure, you and we agree that the arbitration provider or the arbitrator (if one has been appointed) must stay the arbitration until the initiating party complies. The arbitration provider or the arbitrator may summarily decide whether the Initial Dispute Resolution Procedure was followed, including the remedies for any failure to follow the procedure, relying on these Terms of Use and the notice of Dispute (if any).

Binding Arbitration:  If a Dispute cannot be resolved through the Initial Dispute Resolution Procedure, then either party may initiate binding arbitration, unless an exception applies (as discussed below). Arbitration is governed by the Federal Arbitration Act and federal arbitration law. You and we also agree that these Terms of Use memorialize a transaction in interstate commerce

You must provide a copy of your arbitration demand to us at our registered agent at: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The arbitration may be conducted via videoconference unless the arbitrator believes an in-person hearing is necessary. In that case, the arbitration will be held in a mutually agreed location.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except for requests for public injunctive relief, if any, which shall be decided by a court, not an arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in Section 27 of these Terms of Use shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief. 

Except as expressly stated to the contrary in these Terms of Use, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the arbitration agreement in this Section 27, including any claim that all or any part of the arbitration agreement is void or voidable. 

WAIVER OF CLASS/COLLECTIVE ACTION AND CLASS ARBITRATION. YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR CLASS ARBITRATION. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS/COLLECTIVE ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION 27 SHALL BE DEEMED NULL AND VOID IN THEIR ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

Individual Arbitration before AAA: Except for a Mass Arbitration (as defined below), arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules, including the Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, arbitrator, or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at www.adr.org, or you can call 800-778-7879 (toll-free) for a copy. In addition, if the arbitrator decides that a Dispute asserted by either party was patently frivolous or in bad faith, or filed for the purposes of harassment, the arbitrator may award reasonable legal fees and costs incurred in defense of the Dispute.

Mass Arbitration Before NAM: If 25 or more demands for arbitration are filed relating to the same, similar, or common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it will not be governed by AAA rules or administered by AAA. Instead, a Mass Arbitration must be administered by National Arbitration & Mediation (“NAM”) under the NAM rules in effect when the Mass Arbitration is filed, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, and under the terms set forth in these Terms of Use. The NAM rules are available at www.namadr.com or by calling 1-800-358-2550. In a Mass Arbitration, payment of all Fees will be governed by NAM Rules. In addition, if the arbitrator decides that a Dispute asserted by either party was patently frivolous or in bad faith, the arbitrator may award reasonable legal fees and costs incurred in defense of the Dispute. If either party commences a Mass Arbitration in a forum other than NAM, the other party may seek an order from a court of competent jurisdiction compelling arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) will be stayed. You and we acknowledge that a party’s failure to comply with this paragraph would irreparably harm the other.

Exception - Litigation of Intellectual Property Claims: Notwithstanding our agreement to arbitrate, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, or trade secret misappropriation (collectively, “Intellectual Property Disputes”). Such claims are subject to the jurisdiction and applicable law provisions in Section 26.

Exception – Small Claims Court: Notwithstanding our agreement to arbitrate, either party may seek relief in a small claims court of their state or municipality for an otherwise arbitrable Dispute. If an arbitration is filed, an arbitrator has not been formally appointed yet, and a party’s claim is within the jurisdiction of a small claims court, then either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.

30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the binding arbitration procedures and waiver of class proceedings set forth in this Section 27 by mailing us notice of your election (certified mail required) to 95 Morton Street, New York, New York 10014, Attention: Corporate Legal Department within 30 days of your assent to the Terms of Use that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the binding arbitration procedures and waiver of class proceedings specified in this Section 27. If you opt-out, all other terms in the Terms of Use (including the Additional Terms applicable to various parts of the Properties) will continue to apply. 

Miscellaneous

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Properties or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Properties are personal to you and may not be transferred or assigned.

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Properties or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to be illegal, invalid, void or for any reason 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 the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Properties), constitute the entire understanding between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

Contact Information

Address:

Fanatics Loyalty, LLC

PO Box 551702

4150 Belfort Rd

Jacksonville, FL 32216

Email: support@betfanatics.com 

Telephone Number: 800-254-0320