1. Introduction
These Terms of Service or Terms of Use ("Terms") constitute an agreement between you ("you" or "user") and Denver Broncos Team, LLC, together with its parent companies, subsidiaries, affiliates, vendors, and promotional partners (the "Broncos", "we", or "us"). These Terms govern your access and use of our websites and online services that link to or post these Terms including, but not limited to, DenverBroncos.com; EmpowerFieldatMileHigh.com; broncos.formstack.com; our applications or accounts on Facebook, Instagram, X, TikTok, and other social media sites; other online and mobile services that link to or post these Terms that are operated by Denver Broncos Team, LLC, Stadium Management Company, LLC, or our other affiliates; and our mobile applications (collectively, "Applications" and together with the websites, collectively, the "Services"). By using the Services, you agree to be bound by these Terms. Your agreement to, and acceptance of, these Terms provides you with a limited and temporary license and permission to access and use the Services, which license and permission we may revoke at any time, as described below. If you do not agree to the Terms, you may not access or otherwise use the Services.
We may, in our sole discretion, modify these Terms at any time with or without notice to you. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you agree to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES (SECTION VI), LIMITATION OF LIABILITY (SECTION IV), AND A BINDING AGREEMENT TO SUBMIT DISPUTES TO MANDATORY ARBITRATION (SECTION XI), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER (SECTION XI), WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER.
If you are under the age of eighteen (18) (or the age of majority in your state or country of residence, if greater than eighteen (18) years of age), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services, and fulfill the obligations set forth in these Terms.
2. Connectivity, Communications, Privacy
You must have an internet-enabled mobile phone or device, and for mobile, using either the iOS or Android operating system, to access the Applications. Not all of the features available through the Services may be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services or unless you complete any necessary payment or subscription fee, as applicable. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services.
Normal carrier charges and taxes may apply to any content you obtain from the Services. The Broncos are not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
If you use the Applications, you will be asked when you first use the application whether you agree to receive push notifications, including promotional push notifications from time to time. You may stop receiving push notifications by disabling the push notification function on your mobile device.
Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read and you agree to our Privacy Policy. You agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to these Terms.
3. Copyright; Trademarks
You acknowledge that all materials on the Services, including the Services' design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively, "Materials"), are the sole and exclusive property of the Broncos and the National Football League or their respective licensors and are subject to, and protected by, United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to the Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create works derivative of, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Broncos or the respective copyright owner. The Broncos authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services (including, without limitation, DENVER BRONCOS, BRONCOS design mark, the Broncos helmet logo and uniform designs) are the sole property of the Broncos and/or its licensors and may not be copied imitated, or otherwise used, in whole or in part, without the prior written authorization of the Broncos and the licensors, as applicable. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Broncos and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Broncos. The Broncos will enforce its intellectual property rights to the fullest extent of the law.
4. User Content and Conduct
Where applicable on the Services (e.g., message boards or by leaving comments), you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted it on the Services, posted it as part of your profile, or privately transmitted it the Broncos, is your sole responsibility and we are not responsible for the accuracy, safety, appropriateness, or intellectual property rights in or related to such content. Though the Services are designed to be a safe place to share such User Content, the Broncos cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Broncos be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.
THE BRONCOS ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content on the Services, you hereby grant the Broncos a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV and (b) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Broncos may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the Broncos, its users, and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting to networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to the Broncos worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or implied by our review of subsequent use of your User Content. The Broncos shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE BRONCOS SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT THE BRONCOS MAY RECEIVE FROM YOU ON OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable (including without limitation, nudity, and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Broncos, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(g) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, emulate, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(k) "stalk" or otherwise harass another;
(l) collect or store personal information or data about other users; or disclose another person's personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and
(n) "bot," "hack," or "crack," or otherwise attempt to circumvent any access control, copyright protection, or other license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. The Broncos do not endorse or have control over what is posted as User Content. User Content is not reviewed by the Broncos prior to posting and does not reflect the opinions or policies of the Broncos. The Broncos makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. Parents or legal guardians should use appropriate parental discretion in determining whether to authorize minors to access the Services. The Broncos assume no responsibility for monitoring the Services for inappropriate submissions or conduct but reserves the right to do so. If at any time the Broncos choose, in the Broncos' sole discretion, to monitor the Services, the Broncos nonetheless assume no responsibility for the User Content, have no obligation to modify or remove any inappropriate User Content, and have no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Broncos and the Broncos' designees shall have the right to remove any User Content at any time, without notice and for any reason, including, but not limited to, content that violates these Terms or is otherwise objectionable, in the Broncos' sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. The Broncos may store User Content indefinitely. However, the Broncos have no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other users. The Broncos reserve the right, but have no obligation, to monitor disputes between you and other users, including disputes regarding the exchange of virtual currency or goods. The Broncos reserve the right to terminate your access to the Services if the Broncos determine, in the Broncos' sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, "Feedback") submitted to the Broncos shall become the property of the Broncos. The Broncos will not be required to treat any Feedback as confidential; will not be liable for any ideas in the Feedback (including, without limitation, application, site, Services or advertising ideas); and will not incur any liability as a result of any similarities between the Feedback and the Services or Broncos operations in the future. Without limitation, the Broncos will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit and you, not the Broncos, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
5. Links; Third Party Websites
Links on the Services to third party websites and mobile applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or mobile applications are solely between you and such third parties. You agree that the Broncos and our Affiliated Parties (as defined below) will not be responsible or liable for any content, goods, or services provided on or through these outside websites or mobile applications or for your use or inability to use such websites or mobile applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and mobile applications linked from the Services, might contain material or information that: (i) some people may find offensive or inappropriate; (ii) that is inaccurate, untrue, misleading or deceptive; or (iii) is defamatory, libelous, infringing of other's rights, or otherwise unlawful. The Broncos expressly disclaim any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website or mobile application.
Without limiting the foregoing, your correspondence or business dealings with, participation in, promotions of or purchases from, advertisers or third-party websites or mobile applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or third-party website or mobile application providers. You agree that the Broncos and our Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party website or mobile application providers on the Services.
The Broncos are not responsible for any product or service (including third-party websites and mobile applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
6. Disclaimers; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE BRONCOS, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE VENDORS AND BUSINESS PARTNERS OF THE BRONCOS (COLLECTIVELY, "AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE BRONCOS AND OUR AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BRONCOS AND OUR AFFILIATED PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BRONCOS AND OUR AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL SERVICES, APPLICATIONS, OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION, AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE BRONCOS AND OUR AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS; LOSS OF PROFITS; LOSS OF GOOD WILL; LOSS OF USE; LOSS OF DATA; COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION; LITIGATION; OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ANY INDIVIDUAL ADVISES THE BRONCOS AND OUR AFFILIATES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR THE BARGAIN BETWEEN THE BRONCOS AND YOU. THE PRODUCTS, THE INFORMATION, AND THE SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE BRONCOS AND OUR AFFILIATED PARTIES FOR ANY REASON, AND FOR YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE BRONCOS ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION, OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE BRONCOS IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY REMAIN LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Indemnification
Upon our request, you agree to indemnify, defend, and hold harmless the Broncos and our Affiliated Parties against any and all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' and/or professionals' fees, resulting or arising from or relating to your use of, or conduct on, the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Services. You may not settle any such claim without the prior written consent of the Broncos. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving such claims. These obligations will survive any termination of these Terms.
8. Service Usage - Termination of Usage
You are required to establish an account and/or register on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current, and complete. If (i) you provide any information that is false, inaccurate, outdated, or incomplete, or (ii) the Broncos have reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, then the Broncos have the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You will create a username and password while completing the account and/or profile registration process. You are responsible for maintaining the confidentiality of the password and account. The Broncos reserve the right to refuse registration of, or cancel, an account, profile, or username in the Broncos' sole discretion. You agree to (a) immediately notify the Broncos of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Broncos. The Broncos and our Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You are responsible for your use of and communications on the Services. You agree to use the Services only for lawful purposes and not to use the Services in any manner that interferes with their normal operation or with any other user's use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Broncos for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Broncos is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Broncos is prohibited. Any permitted links to the Services must comply with applicable laws, rules, and regulations.
These Terms are effective unless and until terminated by either you or the Broncos. You may terminate these Terms, provided that you discontinue all further use of the Services. The Broncos also may terminate or suspend these Terms, at any time, without notice, and accordingly deny your access to the Services, for any reason, including, without limitation, if, in the Broncos' sole discretion, you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or the Broncos and our Affiliated Parties. Upon any termination of these Terms by either you or us, you must promptly uninstall the mobile application and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these Terms or otherwise. Additionally, all rewards and/or benefits you have acquired through your account may, in our sole discretion, be terminated and forfeited.
The Broncos reserve the right, and from time to time may, modify or discontinue the Services (or any part thereof) temporarily or permanently with or without notice. Except as otherwise expressly stated in these Terms, you agree that the Broncos and our Affiliated Parties shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
You agree that the Broncos may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Broncos, in the Broncos' sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user or the Broncos and our Affiliated Parties.
Sections VI-VIII and XII-XV shall survive the termination of these Terms.
9. Rules for Sweepstakes, Contests, Raffles, Surveys, and Similar Promotions
Any sweepstakes, contest, raffle, survey, game or similar promotion made available through the Services may be governed by specific rules that are separate from and in addition to these Terms. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from these Terms set forth herein, and which are incorporated into these Terms.
10. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including economic loss, injury, illness or death.
11. Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protection is available on-line.
12. Applicable Law; Jurisdiction; Dispute Resolution
(a) The Services are controlled and operated by the Broncos from within the United States of America, and the Services are intended for use only by residents of the United States. The Broncos make no representations or warranties that the content or materials on the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(b) These Terms shall be governed by the internal laws of the State of Colorado, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
(c) It is the Broncos goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Broncos are committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Broncos, you acknowledge and agree that you will first give the Broncos an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: **legal@broncos.nfl.net** or mailing address: Broncos Park Powered by CommonSpirit, 13655 Broncos Parkway, Englewood, CO 80112.
You then agree to negotiate with the Broncos in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved within sixty (60) days after the Broncos' receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims arising out of or relating to the Services or these Terms and that cannot be resolved informally, shall be final and binding arbitration, except that the Broncos may seek any interim or preliminary relief from a court of competent jurisdiction in Colorado to the extent necessary to protect the Broncos' rights or property pending the completion of arbitration.
YOU AND THE BRONCOS ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for limited rights of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Arbitration under these Terms shall be conducted in the State of Colorado before a single arbitrator. The arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
The parties agree to pay their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
If you do not wish to resolve disputes by binding arbitration, YOU HAVE A RIGHT TO OPT-OUT OF THE PROVISIONS OF THIS SECTION XII(c). You may exercise this opt-out right within thirty (30) days after the date that you agree to these Terms by sending a letter to Denver Broncos Team, LLC, Attn: General Counsel, 13655 Broncos Parkway, Englewood, CO 80112, that specifies: your full legal name, your email address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt-out of arbitration ("Opt-Out Notice"). Once the Broncos receive your Opt-Out Notice, this Section XII(c) will be void; however, the remaining provisions of these Terms will not be affected by your Opt-Out Notice. If we receive an Opt-Out Notice from you, then you agree that any and all disputes arising out of or relating to these Terms will be resolved exclusively and finally by the state or federal courts located in Arapahoe County, Colorado.
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE BRONCOS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Broncos with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required). The Broncos' address for legal notices is: Denver Broncos Team, LLC, Attn: General Counsel, 13655 Broncos Parkway, Englewood, CO 80112. The written notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought.
13. Right to Contact
You agree to receive pre-recorded/artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from Denver Broncos Team, LLC, and its parent companies, subsidiaries, affiliates and partners, at any telephone number or email address that has been provided to the Broncos or that the Broncos, their partners or their respective affiliates have otherwise obtained, which could result in charges to you. The Broncos, their partners or their respective affiliates may place such calls, texts or emails to (a) notify you regarding upcoming appointments, (b) notify you of upcoming Denver Broncos and other Empower Field at Mile High events, (c) troubleshoot problems with accounts, (d) resolve a dispute, (e) collect a debt, or (f) as otherwise necessary to service member accounts, Broncos policies, applicable law, or any other agreement the Broncos, their partners or their respective affiliates may have with you. The ways in which members may provide the Broncos, their partners or their respective affiliates a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to an account at a later time, or providing it to any employees, partners, or affiliates. You consent to receive SMS or text messages and understand that you will be responsible for any standard telephone minute and text charges if you are contacted. You understand that you may revoke this express consent at any time by contacting the Broncos at enews@broncos.nfl.net or by mail to Marketing Opt-Outs, Denver Broncos Team, LLC, Empower Field at Mile High, Suite 900, Denver, CO 80204.
14. Severability; Interpretation
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. All interpretations of these Terms will be at the Broncos' sole discretion and the Broncos' decisions will be final. When used in these Terms, the word "including" shall be deemed followed by the words "without limitation."
15. Entire Terms
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between the Broncos and each user of the Services with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms.
16. Miscellaneous
The failure of the Broncos and our Affiliated Parties to insist upon strict adherence to any section of these Terms shall not constitute a waiver of that section and shall not be considered a waiver or limit the Broncos' right thereafter to insist upon strict adherence to that section or any other section in these Terms.
17. Copyright Policy
We respect the intellectual property rights of others and require that users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Broncos' Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
DMCA Agent
Denver Broncos Team, LLC (f/k/a PDB Sports Ltd.)
Broncos Park Powered by CommonSpirit
13655 Broncos Parkway
Englewood, CO 80112
Email: legal@broncos.nfl.net
18. Contact Information
If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at legal@broncos.nfl.net.