Terms & Conditions

Last Updated: January 31, 2019

 

Tampa Bay Sports Terms and Conditions

Introduction

Welcome to the Tampa Bay Sports online store! Please take a moment to review these Terms and Conditions (“Terms”), which apply to your use of the website located at https://tampabaysports.com/ (the “Website”) and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (with the Website, referred to collectively as the “Services"). TB Sports Retail, LLC ("Tampa Bay Sports" or “We”) provides these Services to you (“you” or the “user”) and is located at 401 Channelside Drive, Tampa, FL 33602, USA.

 

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Additional Terms
BY ACCESSING OR OTHERWISE USING THE WEBSITE YOU AGREE TO THESE TERMS. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Website. If at any time you do not accept all of these Terms, you must immediately stop using the Website. Certain areas within the Website may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.

Permitted Users

To use the Services, you must be able to enter a binding contract with Tampa Bay Sports and you must not be legally barred from receiving services. You also must be above the age of majority where you live (usually 18 or 19 years old); or at least 13 years old with parent/guardian consent and agreement to Terms.

 

Any parent/guardian agreeing behalf of a child over 13 agrees that the child’s use of the Services must be supervised by the parent/guardian, who is fully responsible for such use. Children under 13 may not use the Services and their parents/guardians cannot agree to these Terms on their behalf.

 

Child Online Protection Act Notice

Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://www.getwise.org. The preceding link is provided for information purposes only. Tampa Bay Sports is not affiliated with http://www.getwise.org and this is not intended as an endorsement of http://www.getwise.org Internet website, services, or policies.

 

Privacy Policy

 

Please review the terms of our Privacy Policy, so that you are aware of how Tampa Bay Sports collects, handles and uses information from you when you use the Services. By using the Services, you consent to the collection and use (as described in the Privacy Policy) of this information, including its transfer to the United States, Ireland and/or other countries for storage, processing and use by Tampa Bay Sports and those companies that are under common control of its parent company Tampa Bay Sports and Entertainment LLC (“TBSE”) and TBSE’s parent company JV Hockey Ventures LLC (“Affiliates”). The Privacy Policy is also incorporated into and made a part of these Terms.

 

Website Content

You are responsible for your use of the Services, including complying with all applicable laws, rules or regulations. You agree that that any reliance or use by you of the Services is at your own risk. Material and software published on the Services, including hyperlinks, may be inaccurate or out-of-date and you agree that Tampa Bay Sports has no responsibility or liability for any inaccuracies, typographical errors and/or out-of-date material. Material and software on the Services may be changed or revised from time to time without notice.

 

Third-Party Sites

The Services may contain hyperlinks to websites operated by third parties (“Third-Party Sites”). Such hyperlinks are provided for reference and convenience only and do not constitute endorsement or association of such Third-Party Sites in any way. Tampa Bay Sports has no control over Third-Party Sites and you agree that Tampa Bay Sports is not liable for any Third-Party Sites, or their availability, content, security, privacy policies or any other aspect of their operation and you use such Third-Party Sites at your sole risk. Unless expressly stated, Tampa Bay Sports does not endorse or warrant the reliability, quality or accuracy of any products, services, or business practices of any other party advertised or relating to any Third-Party Site. You are solely responsible for evaluating any content or advertisements, including accuracy, completeness or usefulness. Tampa Bay Sports may terminate such links at any time without notice.

 

Content

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Tampa Bay Sports or its suppliers or licensors, and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of TB Sports Retail, LLC and protected by U.S. and international copyright laws. Tampa Bay Sports and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

 

User Content

Tampa Bay Sports respects the intellectual property of others. Tampa Bay Sports will respond to claims of copyright infringement that comply with applicable law in accordance with our Copyright Policy. If you believe your copyrighted material has been infringed, you may report this using the procedure described in our Copyright Policy.

Prohibited Uses

The website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Website, you warrant to Tampa Bay Sports that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

 

  • Disrespect the privacy of othersor otherwise violate the privacy rights or rights of publicity of others;
  • Use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
  • Post, transmit or send any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the Services or to any of their users;
  • Impersonate another person or entity or misrepresent your affiliation with any person or entity;
  • send unsolicited or unauthorized email on behalf of Tampa Bay Sports, including promotions and/or advertising of products or services;
  • Make any commercial use of the Website or its Content, including, without limitation, making any collection or use of any product listings, descriptions, prices, or images;
  • download, copy, or transmit any Content for the benefit of any other merchant;
  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
  • conduct fraudulent activities on the Website;
  • harvest or collect personally identifiable information about other users of the Website;
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;

 

License

 

Tampa Bay Sports grants you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms. You may make single copies of materials displayed on the Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Services. You may not distribute such copies to others, whether free or for charge or consideration, without prior written permission from Tampa Bay Sports or the copyright owner of the copied material. Requests to reproduce materials on the Services for distribution or other purposes should be directed to Tampa Bay Sports. (See Contact Us).

 

Use Restrictions

You may only use the Services for personal and noncommercial purposes and you agree not to use the Services for any purpose that is prohibited by these Terms or unlawful under applicable laws, rules or regulations.

 

Our Services may change from time to time, at our discretion, as we modify or add features. Tampa Bay Sports may stop (permanently or temporarily) providing any features within the Services to you or to users generally. Tampa Bay Sports retains the right to limit use and/or storage at our sole discretion at any time.

 

In consideration for granting you access to and use of the Services, you agree that Tampa Bay Sports and its third-party providers and/or partners may place advertising on the Services or information from the Services.

 

You agree not to use or help others use the Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls.

 

You agree not to misuse the Services, including by interfering with them or accessing them using a method other than the Tampa Bay Sports-provided interface. While using the Services, you shall not:

  • access, tamper with, or use non-public areas of the Services, Tampa Bay Sports’ computer systems, or the technical delivery systems of its providers, including but not limited to any backend technolog(ies) for any part of the Services;
  • probe, scan, or test the vulnerability of any system or network;
  • breach or circumvent any security or authentication measures;
  • access, scrape or search, or attempt to access, scrape or search, the Services by any means (automated or otherwise) other than through the currently available Tampa Bay Sports-provided interface (and pursuant to the applicable terms and conditions), unless expressly permitted under separate agreement with Tampa Bay Sports;
    • use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Tampa Bay Sports or generally publicly available browsers;
    • use or cause to be used any “Internet robots,” “web spidering,” “offline readers,” or other automated systems to access the Services in an excessive manner or to send requests or messages to the Services at a much higher rate than would be possible for a human alone;
    • forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; or

 

Violations of Website or network security may result in civil or criminal liability. Tampa Bay Sports will investigate occurrences that may involve violations of the use of the Services and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other persons who are involved in any violations of the use of the Services.

 

Tampa Bay Sports reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tampa Bay Sports, its users and/or the public. Tampa Bay Sports does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

 

Ownership

 

The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Tampa Bay Sports name or any of the Tampa Bay Sports trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of Tampa Bay Sports and its licensors. Any feedback, comments, or suggestions you may provide regarding Tampa Bay Sports or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

By using the Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or your use of the Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Tampa Bay Sports or any third party, except as expressly set forth and granted in the Terms.

 

Your Responsibilities

 

It is your responsibility to ensure that your use of the Services complies with the Terms and applicable law and to request prior written permission from Tampa Bay Sports for any uses not permitted or expressly specified in these Terms.

 

Accuracy of User Information

You agree to provide truthful and accurate billing and/or registration information through the Services and that if you fail to do so, you may be in violation of these Terms and your use of the Services may be terminated or suspended.

 

Credentials

Certain features and areas of the Services may be available only with registration and login, which also requires valid e-mail address. If you are required to register and select a unique login and password ("Credentials"), you are responsible for safeguarding your account, so use a strong password and limit its use to this account. Tampa Bay Sports cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You should contact Tampa Bay Sports immediately if you suspect there has been any unauthorized use of your Credentials or you have other security concerns.

 

Communications

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

 

Disclaimers & Limitations

 

No Warranties by Tampa Bay Sports

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Released Parties” refers to Tampa Bay Sports, its parents, Affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Released Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and/or other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Released Parties or through the Services, will create any warranty or representation not expressly made herein.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR MATERIALS OR CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR MATERIALS OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Tampa Bay Sports, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.

 

Indemnification

You agree to defend, indemnify and hold the Released Parties harmless from all claims or liabilities, including reasonable legal and accounting fees, allegedly resulting from your use of the Services or related Content, product or services in violation of these Terms.

 

Termination

 

In certain (hopefully unlikely) circumstances it may be necessary for Tampa Bay Sports to terminate all or any part of the Services, terminate these Terms, or suspend or cancel your account or privileges (see below).

 

Discontinuation of Services

Tampa Bay Sports reserves the right to suspend or stop offering the Services or any part thereof at any time, with or without cause, and with or without notice.

 

Suspension or Cancellation of Privileges

Tampa Bay Sports may suspend or terminate your privilege to use the Services or any part thereof at any time if we reasonably believe that (i) you have breached any of these Terms, (ii) you have created risk or possible legal exposure for Tampa Bay Sports, or (iii) our provision of the Services is no longer commercially viable. We will make reasonable effort to notify you at the e-mail address you have provided or when you next access your account, depending on the circumstances.

 

Copyright Policy

 

Tampa Bay Sports respects the intellectual property of others, and, we ask our users to do the same. Tampa Bay Sports does not permit copyright infringing activities on the Website. Tampa Bay Sports abides by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content on the Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA as set forth below.

 

Takedown Notices

If you believe that any material on the Services infringes your copyright, please provide our designated agent below (“Designated Agent”) with the following information (collectively “Takedown Notice”):

 

  • Your full name, address and telephone number;
  • Your e-mail address;
  • Identification of each of the copyrighted work(s) that you believe is being infringed;
  • Identification of each such infringing material and information sufficient for Tampa Bay Sports to locate the material;
  • Your statement, made under penalty of perjury, that the information provided in your Takedown Notice is accurate and that you are copyright owner or authorized to act for the copyright owner; and

 

Tampa Bay Sports' Designated Agent for notice of claims of copyright infringement can be reached as follows:

 

TB Sports Retail, LLC

Attn: Copyright Agent

401 Channelside Drive

Tampa, FL 33602

Phone: (813) 301-6845

E-mail: Copyrightagent@amaliearena.com

 

Upon receipt of a Takedown Notice complying with the above requirements, Tampa Bay Sports will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Services.

 

Counter Takedown Notices

If Tampa Bay Sports removes materials posted by you as a user due to a Takedown Notice, you may pursue reinstatement of the materials by sending a written notice (“Counter Takedown Notice”) to the Designated Agent including the following information:

 

  • Your full name, address and telephone number;
  • Your e-mail address;
  • Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled;
  • Your statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  • Your statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, of the United States District Court for the Middle District of Florida (where Tampa Bay Sports may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent; and

 

Upon receipt of a Counter Takedown Notice meeting the above requirements, Tampa Bay Sports will send a copy of such Counter Takedown Notice to the copyright owner who initially claimed copyright infringement and, within 10 to 14 days following receipt of the Counter Takedown Notice, Tampa Bay Sports will replace or enable access to the removed material unless Tampa Bay Sports receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Tampa Bay Sports and/or the copyright owner or website user.

 

For clarity, only Takedown Notices/Counter Takedown Notices should be sent to the Designated Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tampa Bay Sports customer service either via e-mail at store@tampabaysports.comor by phone at (813) 301-6940. You acknowledge that if you fail to comply with all the requirements of this section, your Takedown Notice or Counter Takedown Notice may not be valid.

 

Disputes

 

It is Tampa Bay Sports’ 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, Tampa Bay Sports is committed to working with you to reach a reasonable resolution that satisfies you; 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 Tampa Bay Sports, you acknowledge and agree that you will first give Tampa Bay Sports an opportunity to resolve your problem or dispute. Accordingly, you agree that, if a dispute arises between you and Tampa Bay Sports, you will first contact Tampa Bay Sports customer service to describe the problem and seek a resolution. You may contact us as set out below. You then agree to negotiate with Tampa Bay Sports 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 satisfactorily within sixty (60) days, then you and Tampa Bay Sports agree to the following methods to resolve any dispute or claim between us. First, as set forth below, you agree that the Terms are governed by the law of the State of Florida, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration in accordance with the Arbitration Procedure below.

 

Agreement to Arbitrate

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN Hillsborough County, Florida, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate TAMPA BAY SPORTS’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by TAMPA BAY SPORTS and/or the applicable third party(ies). IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN Hillsborough County, Florida WOULD CREATE AN UNDUE BURDEN ON YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within Hillsborough County, Florida to litigate such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. Tampa Bay Sports reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.

 

Arbitration Procedure

Any arbitration will be governed by the consumer arbitration rules then prevailing of the American Arbitration Association (“AAA’s Consumer Rules”), excluding any rules and procedures governing or permitting class or representative actions. The rules are available at the American Arbitration Association’s website, http://www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND TAMPA BAY SPORTS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tampa Bay Sports agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Middle District of Florida or any State court located in Hillsborough County, Florida. THE ARBITRATOR SHALL APPLY Florida LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT. IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN Hillsborough County, Florida.

 

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, Tampa Bay Sports will pay any other arbitration fees, including your share of arbitrator compensation. You and Tampa Bay Sports agree that the prevailing party in the arbitration will be entitled to award of its reasonable attorneys’ fees and costs, regardless of who initiated the arbitration and that the arbitrator will determine who is the prevailing party and the amount of reasonable fees and costs, including the entitlement to and amount of attorneys’ fees for time incurred in arbitration in seeking attorneys’ fees.

 

Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.

 

In no event shall any claim, action, or proceeding by you related to any way to the Website, Services or these Terms be instituted more than one (1) year after the cause of action arose.

 

Jurisdiction

The Services are controlled and operated by Tampa Bay Sports from its principal office in Florida, United States of America. Tampa Bay Sports makes no representation that materials on the Services are appropriate or available for use in other locations. 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. The Services are not intended to subject Tampa Bay Sports to the laws or jurisdiction of any state, country or territory other than Florida and the United States of America.

 

General

 

Electronic Communications

You may communicate with us via e‐mail, U.S. mail, phone, fax, our Website (see Contact Us), mobile applications (if any) and other services. Tampa Bay Sports may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. By providing your e-mail address, you agree to receive notices via e-mail and that such notices have legal effect and satisfy any requirement that they be provided in writing.

 

Modification

Tampa Bay Sports may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an e-mail to the e-mail associated with your account and by indicating above the date the Terms were last updated (See Last Updated). By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

Entire Agreement

These Terms, including the Privacy Policy, constitute the entire agreement and understanding between you and Tampa Bay Sports with respect to use of the Services, and supersede all prior or contemporaneous communications, agreements and/or proposals.

 

Admissibility

A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

Waiver

The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

 

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.

 

Survival

Though we hope you will continue to use our Services, you can stop using them at any time. Please note that even after you stop using the Services or your use of them (or part thereof) is terminated, or after your account or privileges are suspended or terminated for any reason, these Terms will remain in effect with respect to relevant provisions, including the following Sections: Additional Terms, Privacy Policy, Ownership, Disclaimers & Limitations, Copyright Policy, Disputes, Entire Agreement, Admissibility, Waiver, and Severability, as well as any provisions herein or Additional Terms that by their nature survive the termination of these Terms.

 

International

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Tampa Bay Sports, and any inconsistencies among the different versions will be resolved in favor of the English version.

 

Contact Us

These Terms are an agreement between you and Tampa Bay Sports, 401 Channelside Drive, Tampa, FL 33602, USA. If you have any questions about these Terms or our Services generally, please free to contact us.

 

You may contact customer service using any of the following means:

  • By Telephone: (813) 301-6940
  • Tampa Bay Sports, 401 Channelside Drive, Tampa, FL 33602
  • Via e-mail: store@tampabaysports.com

 

Copyright Notice

Copyright ©2019 TB Sports Retail, LLC. All rights reserved. Any rights not expressly granted herein are reserved.