- This is a Legal Agreement.
These Terms of Service (the "Terms") are a legal agreement between you and Carolina
Hurricanes Foundation, Inc. ("Foundation”, "we" or "us")
governing your access to and use of the websites and online services that display or
provide an authorized link to these Terms (collectively, the "Services").
Hurricanes Hockey Limited Partnership (d/b/a Carolina Hurricanes Hockey Club) and its
affiliates (individually and collectively, the “Hurricanes”), MLB Advanced Media, L.P.
and/or a successor or permitted assign of MLB Advanced Media, L.P. ("MLBAM") and/or NHL
Interactive CyberEnterprises, LLC and its affiliates, including NHL Enterprises, L.P., NHL
Enterprises Canada, L.P., NHL Enterprises B.V., and the National Hockey League ("NHL") may
operate portions of the Services and you agree that MLBAM, the NHL, and their respective
successors and permitted assigns, and their respective affiliates are third-party
beneficiaries of these Terms and will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as third-party beneficiaries hereof.
Please read the Terms carefully before using the Services. You may wish to print a copy of
these Terms or save them to your device for future reference. Your use of the Services
indicates your acceptance and agreement to be bound by the Terms. Do not use the Services
if you do not accept the Terms. We may modify the Services or the Terms at any time, for
example to reflect changes in laws or regulatory requirements. Any use of the Services by
you after we post modifications to the Terms constitutes your acceptance of those
- Prohibited Content and Activities.
You may not access or use, or attempt to access or use, the Services to take any action that
could harm us or any other person or entity (each a "person"), interfere with the operation
of the Services, or use the Services in a manner that violates any laws. For example,
you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials,
affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or
use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of
any third party including, without limitation, telephone numbers, addresses, last
names, email addresses, Social Security numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials,
information, or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the
proper working of the Services or any activity conducted on the Services or attempt to
probe, scan, test the vulnerability of, or breach the security of any system, device,
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise
alter or interfere with (or attempt, encourage, or support anyone else's attempt to
engage in such activities) any of the software comprising or in any way making up a
part of the Services. The use or distribution of tools designed for compromising
security (e.g., password guessing programs, cracking tools, or network probing tools)
is strictly prohibited;
- Use or attempt to use another's information, account, password, service, or system
except as expressly permitted;
- Take any action that imposes an unreasonable or disproportionately large load on our
network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a
virus or is otherwise harmful to our or our users' computers, devices, or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or
enjoying the Services, or that, in our sole judgment, exposes us, users, or any other
third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result
in civil or criminal liability. We may investigate and work with law enforcement
authorities to prosecute users who violate the Terms. We may suspend or terminate your
access to the Services for any or no reason at any time without notice.
- User Submissions.
Certain areas of the Services may enable you to post comments, send emails, or otherwise
post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information
to us or other persons. You remain fully responsible for the content and other materials
that you provide to us or others in connection with the Services, including without
limitation information, audio recordings, videos, photographs, documents, or other
materials ("User Content"). You agree not to provide User Content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent,
or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful,
threatening, harassing, or sexually-explicit;
- Violates a person's right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Exploits, harms, personally attacks (personal attacks include, but are not limited to,
defamatory, sexual and/or sexually implicit remarks) or impersonates any person or
entity, including a Hurricanes representative, an NHL representative, an NHL Member
Club representative, a current or former NHL Member Club player, or falsely states or
otherwise misrepresents an affiliation with a person or entity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin,
religion, sexual preference, orientation or gender identity, disability, or other
- Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb,
spyware, bot, or other harmful or deleterious programming routine;
- Transmits, stores, or otherwise makes available material which contains any material of
a commercial nature, including but not limited to advertising, promotions, "junk mail,"
"spam," "pyramid schemes," "chain letters," or solicitation of any kind;
- Transmits, stores, or otherwise makes available material which is irrelevant to the
subject matter of the Services;
- Contains epithets or other language or material intended to intimidate or to incite
- Violates any applicable local, state, national, or international law, or advocates
We also, to the extent permitted or required by law, have the right to disclose
your identity to any third party who is claiming that any User Content you provide us or
others in connection with the Services constitutes a violation of the third party's
intellectual property rights, of the third party's right to privacy, or of any other
applicable local, state, national, or international law.
The Services may also offer opportunities for you to transmit User Content via third party
social networking websites and products ("Third Party Social Networking Features"). Any use
the applicable third party website or product and not these Terms, unless you are notified
otherwise, in which case the terms and conditions set forth in such notification will apply.
If the Services permit you to provide us User Content, you may only provide User Content
that is original and that you have the right to provide. By providing us User Content, you
grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully
sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display,
perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale,
export, and otherwise use and exploit your User Content (or any portion thereof) in any way
that we want and in any form, media, or technology now known or later developed. You hereby
waive any moral rights you may have in your User Content to the extent permitted by
applicable law. You represent that you have obtained all necessary permissions from any
person or entity identified in or implicated by your submission (including those shown in
photographic or video content), and, in the case of minors, also from their parents or
legal guardians, as appropriate.
By providing your User Content to us, you agree to these Terms. If you do not want to grant
us permission to use your User Content in accordance with these Terms, please do not
provide it to us on our Services.
We are not obligated to publish or use your User Content. The posting or publishing of any
User Content or Foundation Content (as defined in Section 7) is not in any way intended to
state, suggest, or imply endorsement by the Foundation, including as to the truth,
validity, or reliability of the User Content or Foundation Content. The Foundation is not
responsible for any User Content or Foundation Content and has no duty to monitor the User
Content or Foundation Content posted on the Services. You use any information contained in
User Content or Foundation Content at your own risk. The Foundation and its designees have
the right, but not the obligation, in their sole discretion, to monitor, review, edit,
remove, delete, disable, refuse, restrict, or terminate access to your User Content or the
Services (in whole or in part) at any time, without prior notice and in our sole
discretion, for any or no reason. The obligations that you have to us under these Terms
shall survive termination of the Services, any use by you of the Services, any User Content
on the Services, or these Terms. You shall not continue to post any User Content that we
have previously advised you not to post.
You acknowledge that by submitting your User Content, no confidential, fiduciary,
contractually implied, or other relationship is created between you and Foundation or
between you and any of Foundation's third party providers other than as expressly set forth
in these Terms. You acknowledge that Foundation is not responsible for, and cannot and does
not guarantee, the accuracy, completeness, or reliability of information in any User
Content. You are solely responsible for your interactions with other users of the Services.
You may use various features (e.g., the "Flag" within comments sections) to report
violators within the User Content. We reserve the right, but have no obligation, to monitor
disputes between you and other users.
If you are under the age of 13, you may not provide any User Content to us. If you are under
the age of majority in your jurisdiction of residence but at least 13 years of age, subject
to any applicable sweepstakes, contest, or other supplemental terms, you may provide User
Content but only with the permission of, and under the supervision of, a parent or legal
guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of
an individual between the ages of 13 and the age of majority in your jurisdiction of
residence, please be advised that you are fully responsible for his or her User Content and
any legal liability that he or she may incur.
- Charitable Solicitation Disclosure.
This website and the Services may be used to solicit and collect charitable contributions
from users, for which we are licensed and registered to do so by the state of North
- Registration for Non-Subscription Services.
You may be asked to register for certain activities in connection with the Services. When
you register or provide any other information in connection with the Services, you agree to
provide accurate, current, and complete information about yourself as requested or directed
and to promptly update this information to maintain its accuracy. The Foundation has the
right to suspend or terminate any account or other registration and to refuse any and all
current or future use if it suspects that such information is inaccurate or incomplete. You
are responsible for maintaining the confidentiality of any password that you are given or
select, and you are responsible for all activities that occur under your password or
- Intellectual Property.
All content, information, computer code, software, and any other materials that are part of
the Services other than your User Content (collectively, the "Foundation Content") is the
property of the Foundation, Hurricanes, NHL, or third parties. You may access, use, and
display the Services and print copies of the Foundation Content only for non-commercial,
informational, personal use, without modification or alteration in any way, and only so
long as you comply with these Terms.
- Copyright and Other Intellectual Property Rights.
Certain of the Foundation Content is protected under the copyright laws of the United
States and other countries. You acknowledge that all copyrights and other intellectual
property rights related to the Services are owned by the Foundation, Hurricanes, NHL,
or their third-party licensors to the full extent permitted under the United States
Copyright Act, international copyright laws, and all other applicable laws. Unless
expressly permitted by an authorized person in writing or as permitted by applicable
law, you may not copy, reproduce, distribute, publish, enter into a database, display,
perform, modify, create derivative works from, transmit, or in any way use or exploit
any part of the Foundation Content. To obtain written consent to use a copyrighted
work, please contact us using the information in Section 25. Copying or downloading
Foundation Content other than as stated above is a violation of these Terms.
- Trade and Service Marks. You acknowledge and agree that
(i) NHL, the NHL Shield, and the word mark and image of the Stanley Cup are registered
trademarks of the National Hockey League; and (ii) all NHL logos and marks and NHL
Member Club logos and marks as well as other proprietary materials depicted in
connection with the Services and the Foundation Content are the property of the
Hurricanes, NHL, and the respective NHL Member Clubs or are licensed to the NHL and may
not be used commercially without the prior written consent of Foundation or its
designee, which may be requested via the contact information provided in Section 25.
- Notice of Infringement. The Foundation respects
intellectual property rights. If you believe in good faith that your work has been
reproduced or is accessible on the Services in a way that constitutes copyright
infringement, please provide our designated agent with the following information in
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works
claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably
sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact
you if necessary;
- A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
- 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.
The Foundation's designated agent for notice of claims of copyright is:
Webmaster - DMCA Agent
Carolina Hurricanes Foundation, Inc.
1400 Edwards Mill Road
Raleigh, NC 27607
URL/Contact (Type "DMCA
in the subject line)
Phone: (919) 467-7825
- Embedding Content. The Services may allow you to
embed Foundation Content into other web pages. All use of embedded Foundation
Content must be for non-commercial purposes only, and may be disabled by the
Foundation, Hurricanes, or NHL at any time and for any reason or for no reason
at all. Prohibited commercial uses include any of the following actions taken
without the express approval of the Foundation, Hurricanes, or NHL:
- Selling access to embedded Foundation Content on another website;
- Using embedded Foundation Content for the purpose of gaining advertising,
subscription, or other revenue;
- Creating a website that does nothing more than aggregate a collection of
embedded Foundation Content and intentionally trying to generate ad revenue
- Using embedded Foundation Content that the Foundation, Hurricanes, or NHL
finds, in their sole discretion, competes with or displaces the Services.
You must not establish a link to our Services in any website that requires
registration in connection with content from our Services or that otherwise
collects personal information in connection with content from our Services.
Prohibited commercial uses do not include using embedded Foundation Content to show
videos on an ad-enabled blog or fan website, provided the embedded Foundation
Content is not used to gain advertising revenue or compete with the Services.
- Linking to our Services.
You may link to our Services provided that you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it. You must not establish a link in
such a way as to suggest or imply any form of association, approval, or endorsement on our
part where none exist and no link to our Services may be "framed" to the extent such frame
contains any sponsorship, advertising, or commercial text or graphics. We reserve the right
to withdraw linking permission without notice. The website in which you are linking must
comply in all respects with the User Content standards described in Section 3 of these
- Change or Termination.
The Foundation may change or terminate these Terms for any reason at any time, for example
to reflect changes in laws or regulatory requirements. We reserve the right, in our sole
discretion, to restrict, suspend, or terminate your access to and use of the Services, with
or without prior notice. The Foundation also reserves the right to modify the price of any
Services or any other products offered via the Services. The Foundation is not responsible
for any error in copy or images relating to the Services or any other products offered via
the Services. Any offer to sell any Services or any other products offered via the Services
may be discontinued at any time in Foundation's sole discretion.
Otherwise applicable sections of these Terms shall survive termination. The Foundation also
reserves the right to seek all remedies available at law and in equity for violations of
these Terms. Upon termination, you must cease all use of the Services, including any of the
By using the Services, you acknowledge that you have reviewed and understand our
agree (i) to provide accurate, current, and complete information about yourself as may be
prompted by any registration or other forms (collectively, "Registration Data"); (ii) to
maintain the security of your password and identification; (iii) to maintain and promptly
update Registration Data and any other information you provide to Foundation; (iv) not to
sell, transfer, or assign your account; and (v) to be fully responsible for all use of your
account and for any actions that take place using your account.
- Links and Third Party Content.
The Services may contain links to other websites or online services that are operated and
maintained by other persons and that are not under the control of or maintained by the
Foundation. Such links do not constitute an endorsement by the Foundation of those other
websites or online services, the content displayed therein, or the persons associated
therewith. These Terms do not apply to such other websites and online services, and such
websites and online services are not part of the Services. We encourage you to review the
We may incorporate third party services, software, technology, data, and/or other content
(collectively, "Third Party Materials") either independently or in connection with various
programs, features, or functions available through the Services. Your use of Third Party
third party providers, as applicable. You agree and acknowledge that the Foundation assumes
no liability with respect to your use of such Third Party Materials whether you are aware
of their use or not and whether or not the use of such Third Party Materials is endorsed or
recommended by the Foundation.
- Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES
OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR
WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE
PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED,
INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO
ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF
ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING
THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE
ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON
THE SERVICES OR OTHERWISE BY THE FOUNDATION. FURTHER, THERE IS NO WARRANTY THAT THE
SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER
PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES,
EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE
FOUNDATION CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE,
ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. THE
FOUNDATION DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY
FOUNDATION CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER
CONTENT OR FOUNDATION CONTENT. THE FOUNDATION MAKES NO REPRESENTATION THAT THE SERVICES ARE
APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN
INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE FOUNDATION SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR
STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
- Exclusive Remedy and Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE FOUNDATION, ITS
AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE
SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE
TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT
LIMITATION ANY FOUNDATION CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES,
HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN
IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE
OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE FOUNDATION'S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS
OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR
FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT
BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE
You agree to indemnify, hold harmless, and defend Foundation, Hurricanes, NHL, their
respective affiliates and licensors, the Member Clubs of the NHL, the MLB Entities, any
party involved in operating, creating, producing, or delivering the Services, and each of
their respective officers, owners, directors, shareholders, contractors, agents, employees,
general and limited partners, successors, and assigns from and against any and all demands,
claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs,
expenses, and harms, including without limitation reasonable attorneys' fees and fees of
other professional advisers, arising out of or in connection with (i) your use of the
Services (including, without limitation, your User Content and your use of any Foundation
Content), (ii) your online conduct in connection with the Services, (iii) your violation or
breach of these Terms, (iv) your failure to comply with any applicable laws or regulations
in connection with the Services, (v) your negligence, willful misconduct, or violations of
the intellectual property or other rights of any person in connection with the Services, or
(vi) any of your dealings or transactions with other persons resulting from use of the
Services. You shall not settle any such claim without the prior written consent of the
Foundation. These obligations will survive any termination of these Terms. For purposes of
these Terms, the "MLB Entities" shall mean MLBAM, the Office of the Commissioner of
Baseball ("BOC"), its Bureaus, Committees, Subcommittees, and Councils, the Major League
Baseball Clubs ("Clubs"), Major League Baseball Properties, Inc., The MLB Network, LLC,
each of their subsidiaries or affiliated entities, any entity which, now or in the future,
controls, is controlled by, or is under common control with the Clubs or the BOC.
- Integration and Severability and Amendment.
These Terms constitute the entire agreement between the Foundation and you, superseding any
prior or contemporaneous communications and proposals (whether oral, written, or
electronic) between you and us. In the event any provision of these Terms is held
unenforceable, it will not affect the validity or enforceability of the remaining
provisions and will be replaced by an enforceable provision that comes closest to the
intention underlying the unenforceable provision. Foundation in its sole discretion may
amend these Terms, in which case we will post the amended Terms within the Services. Your
use of the Services after such amended Terms are posted will constitute acceptance of them
by you. Foundation may be required to notify you of certain events concerning the Services
and your use thereof, and your use of the Services constitutes acceptance that such notices
will be effective upon our posting them on the applicable Services or, if we elect in our
sole discretion, emailing you at an address you have provided to us.
- No Waiver.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other
parties shall not in any way waive our right to enforce subsequently any terms or
conditions of the Terms or to act with respect to similar breaches.
- Assignment and Binding Effects.
You may not assign these Terms or any rights or obligations herein without the prior written
consent of the Foundation and any attempted assignment in contravention of this provision
is null and void and of no force or effect. The Foundation has the right to assign these
Terms, and any of its rights or obligations herein. These Terms are binding upon each party
and its respective successors, heirs, trustees, administrators, executors, and permitted
- Governing Law, Binding Arbitration, Class Action Waiver, Location,
and Time Period for Bringing Notice of Claim.
These Terms are governed by, and must be construed in accordance with, the laws of the
United States and the State of North Carolina, as applicable, without giving effect to
their principles of conflicts of law. By using the Services, you waive any claims that may
arise under the laws of other states, countries, territories, or jurisdictions.
With respect to any and all disputes arising out of or relating to the Services or these
negotiate in good faith and undertake reasonable efforts to cooperate with one another in
order to achieve a mutually satisfactory resolution. If you and the Foundation do not
resolve any dispute by informal negotiation, any other effort to resolve the dispute will
be conducted exclusively by binding arbitration as described in this section. You are
giving up the right to litigate (or participate in 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 a limited right of appeal under the
Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON
AN INDIVIDUAL BASIS. NEITHER YOU NOR THE FOUNDATION WILL SEEK TO HAVE ANY DISPUTE HEARD AS
A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another
without the prior written consent of all parties to all affected arbitrations or
The Foundation and you agree that all disputes arising under these Terms that cannot be
settled through informal negotiation will be settled exclusively through confidential
binding arbitration in accordance with the Consumer Arbitration Rules of the American
Arbitration Association. The arbitrator's award shall be binding and may be entered as a
judgment in a court of competent jurisdiction. You agree that the Foundation may seek any
interim or preliminary relief from a court of competent jurisdiction in North Carolina,
necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of
state or federal courts in Wake County, North Carolina. The parties hereby waive any
argument that any such court does not have personal jurisdiction or that the forum is not
appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to
bring any Claim in any forum unless you provide Foundation with written notice of the event
or facts giving rise to the Claim within one (1) year of their occurrence.
- Carolina Hurricanes Foundation Auctions.
One of the Services provided is charity auctions to benefit the Foundation ("Foundation
Auctions"). By placing an order through Foundation Auctions, you agree to pay all amounts
payable for these orders, including applicable taxes (including any applicable VAT tax) and
shipping and handling expenses, and to be bound by the other terms applicable to such
services as described on the Foundation Auctions websites. The Foundation Auctions are
operated by one or more third parties who are responsible for, among other things, the
fulfillment of orders, billing, and shipping products. Visit Foundation Auctions for
information about how you may contact our third-party service providers. Please note that
supplemental terms may apply to your activity on Foundation Auctions.
The Services and all other products offered via the Services are provided for your private,
non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit,
perform, or create derivative works of them.
- Foundation Auctions - Required Notices of Certificates of Authenticity.
With respect to the sale of certain merchandise or auctions to residents of the State of
California, the following notice is provided pursuant to California Civil Code, Title 1.1A,
Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER
ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF
AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO
ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise or Auctions, the following notice is
provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed
Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER
ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR
MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
The certificates referenced above will be provided in the form of a certificate of
authenticity or a letter from the Foundation and/or Hurricanes.
- Separate Terms and Conditions.
In connection with your use of the Services, you may be asked to consent to policies or
terms and conditions in addition to these Terms. Please read these supplemental policies
and terms carefully before making any use of such portions of the Services. Any
supplemental terms will not vary or replace these Terms regarding any use of the Services,
unless otherwise expressly stated.
SIGNIFY YOUR AGREEMENT TO THSE TERMS. If you do not agree to these Terms, you must not use any
of the Services. Foundation may change the terms of this Agreement at any time, and your use of
Services after such change is posted will mean that you accept such change.
- Notice for California Consumers. Under California Civil Code
Section 1789.3, California users of the Services are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Contact Information.
Please direct any questions, complaints, or claims related to the Services or your use of
the Services to URL/contact and
insert "Terms of Service" as the subject line.
For requests to use a copyrighted work or trade or service mark right, please go to
URL/contact and insert
"Trademark and Copyright Requests" as the subject line.
You can also contact us at:
Carolina Hurricanes Foundation Inc.
Attn: Legal Department
1400 Edwards Mill Road
Raleigh, NC 27607