Terms And Conditions
Last Updated: May 15, 2018
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old. You must be at least 18 years old to sign up and become a subscriber to the Sports Fans Connection site.
You may browse the Site without registering for an account. You may be required to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
A fan club membership may be required to purchase certain products, services, or tickets offered via the Site (“Taxable Offering”). Your monthly membership subscription fee is separate from any other fees charged for tickets to attend TCR events or to purchase other goods or services. All fees are exclusive of applicable federal, state, local or other governmental taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are resident in the U.S., Taxes may apply to your membership or purchase of some or all products and services, including without limitation, your membership to or purchase of products, services, or tickets. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase. In addition to Taxes, some products or services may incur other fees or charges, all of which will be detailed prior to purchase. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings.
You may join a fan club by submitting an application and paying the appropriate fees using a valid credit card. Unless otherwise stated, memberships are month-to-month and you agree to be billed for your membership on a monthly basis in accordance with our Automatic Payment Terms and Conditions.
Fan club membership requires authorization for recurring periodic billing. If a recurring payment is part of your membership subscription plan, you will be advised prior to making the purchase. For additional information, please review our Automatic Payment Terms and Conditions.
We may change the terms of membership, including the fees, and will communicate such changes prior to renewal. Each fan club is a separate membership and you may join as many fan clubs as you desire.
DEPENDING ON YOUR OFFER, YOUR MEMBERSHIP MAY HAVE AN INTRODUCTORY OFFER OR SPECIAL OFFER. AFTER THE INTRODUCTORY OFFER EXPIRES, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE APPLICABLE THEN-CURRENT PRICE DEPENDING ON YOUR SELECTION (E.G., ANNUAL, MONTHLY, MEMBERSHIP TIER/LEVEL, ETC.) UNTIL CANCELLED BY YOU. THE THEN-CURRENT RENEWAL PRICE IS SUBJECT TO CHANGE BUT WE WILL NOTIFY YOU IN ADVANCE. PLEASE NOTE THAT YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE FOR PURPOSES OF RECEIVING SUBSCRIPTION NOTIFICATIONS AND YOU HEREBY WAIVE YOUR TO RIGHT TO RECEIVE SUCH NOTICES IF YOU DO NOT PROVIDE A VALID EMAIL ADDRESS. IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MUST CALL (877) 286-0536.
We may offer certain products, services, tickets or ticket packages, including presale of products, services, or tickets, as a benefit to fan club members. Depending on the presale program, you may not have the same access to presale items as other members. Products, services, or tickets purchased on our Site are typically non-refundable and may have a processing fee. In many cases, delivery prices will also be owed. You may be limited to a specified number of items (also known as a “item limit”). This item limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your item(s) to another customer without further notice.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Different combinations of delivery methods may be offered, depending on factors that include the venue where the event is to be held, the location in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship purchases to the billing address on file with the credit card company that is used for your purchase.
Unfortunately, there are times when the athlete or celebrity, as well as others joining as part of the event, must cancel. All events are subject to change or cancellation at any time without notice. We will do our best to reschedule the event or refund your payment if the athlete or celebrity cancels. Prior to purchasing tickets to an event you will be provided with the refund and cancellation policy.
Before purchasing products, services, or tickets, carefully review all details related to your selection. We will not issue exchanges or refunds after an item or experience has been purchased or for lost, stolen, damaged or destroyed items.
Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us. If the event was moved or rescheduled, we may be able to substitute tickets with comparable or better seating, if applicable, in our discretion. Please contact us for more information if you cannot attend the rescheduled event.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to items you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase the item(s) from the Site. Should you do so, your order may be canceled, including any event tickets, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
If we are able to issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction.
Event providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with event provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to the event provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) or activity, FanFest or Athlete conference call for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. See our Purchase Policy for terms and conditions regarding event ticket purchases.
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
As a registered user of the Site, you agree to allow and permit TCR and/or the Athlete for whom you have purchased a fan club membership to send text messages via SMS, communicate via e-mail, or call you for purposes of the programs and offerings of this Site. Text or data messaging fees may apply. If you desire to opt-out of any forms of communication indicated in this paragraph, you may contact us at HELP@TheSportsFansConnection.com or (877) 286-0536 to update your preferences.
You may cancel your fan club membership at any time by following the specific instructions provided above on this link or otherwise on the Site, including the Frequently Asked Questions.
Once cancellation is confirmed, the canceled fan club membership associated with your account will be deactivated on the day of the month that your fan club membership began, provided you give at least three business days notice before your Anniversary Day. Your Anniversary Day is the day of the month you joined The Sports Fans Connection. For example if you joined on May 4th then your notice to cancel would have to be received by the first of any month. Another example is that your Anniversary Day could be May 8th and 11 months later you decide to cancel. The cancellation notice would have to be received by April 5th and your credit card then would not be charged for that month of April. Please be sure that you do in fact want to cancel your membership before doing so as access to member-only portions of the website will be inaccessible upon the Effective Date of Cancellation.
Here are the Steps you need to follow to cancel your membership:
Log on The Sports Fans Connection page;
Go to your individual profile page;
Click on the cancellation button at the bottom of your page;
Fill out the form that appears once you click on the cancellation button; and
The notice must be at least 3 business days before your Anniversary Day (see above).
You can see your Anniversary Day on your profile page. It is the day you signed up and became an active member of The Sports Fans Connection.
The Cancellation Policy and the Procedure for Cancellation are also repeated in the Frequently Asked Questions link on our site for your convenience.
You agree that you will comply with all applicable laws, rules and regulations for the site use, the conference call function and all attendance at events, FanFests, programs and other offerings, and that you will not:
- Restrict or inhibit any other person from using the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Site users;
- Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
- Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.
Should an athlete terminate or otherwise end their association with us, we will notify you as soon as is practicable. Upon such termination, we will provide you with information regarding the available options regarding your membership.
Periodically we may offer sports memorabilia for purchase. Not all sports memorabilia will be accompanied by a Certificate of Authenticity. If that is important to you, it is your responsibility to verify that such a certificate is included in the purchase. We will list items as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of these products. We are not a “Dealer” as defined under pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code 1739.7 (2001).
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in some instances, patents, trademarks, and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the URL assigned to the home page of the Site;
- "Frame" or "mirror" any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval;
- Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
- Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at email@example.com..
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (b) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (c) your name, address, telephone number and email address (if available); (d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner; and (f) your (or your agent's) physical or electronic signature. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to The Connection Reward, Inc. 668 N. Coast Hwy. #23, Laguna Beach, California 92651, Attn: Copyright Officer or firstname.lastname@example.org. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
We cannot prohibit minors from visiting our Site, and rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
In addition to these Terms, sweepstakes, contests, games, rewards and reward programs, or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IN NO EVENT WILL WE, THE ATHLETE, OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (i) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (ii) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (iii) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend, and hold us and our affiliated companies, athletes, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Orange County, California, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us may be commenced only in a federal or state court located within Orange, California, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: The Connection Reward, Inc., 668 N. Coast Hwy. #231, Laguna Beach, California 92651, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. In no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that 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, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
The Connection Reward, Inc. 668 N. Coast Hwy. #231 Laguna Beach, California 92651 Email: email@example.com
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Thank you for visiting The Sports Fans Connection (“Site”), a dba of The Connection Reward Inc. (“TCR"). By signing up for a fan club membership recurring billing service ("Service"), or any of the services of TCR for which recurring billing is required, you are agreeing to be bound by the following Automatic Payment Terms and Conditions. Any new features or tools which are added to the Service shall be also subject to the Terms and Conditions. You can review the current version of the Terms and Conditions at any time at here. TCR reserves the right to update and change the Terms and Conditions by posting updates and changes to the Site. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact you.
- By purchasing a membership in this recurring payment program, you authorize TCR to initiate recurring charges from your specified credit card.
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The recurring and also any individual charges on your credit card statement will look like this:
ACT*The Sports Fans Co.
The Sports Fans Connection, a dba of The Connection Reward Inc. hosts multiple sweepstakes (each a "Sweepstakes"). Each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes, and any other details will be listed on the Sweepstakes entry Page (the “Sweepstakes Page”). These Official Rules apply to each separate Sweepstakes; provided that if the Sweepstakes Page for any particular Sweepstakes references its own separate set of Official Rules for that Sweepstakes, then those Official Rules will apply. NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 9 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
1. Sweepstakes Description
The SPORTS FAN CONNECTION [NAME] SWEEPSTAKES consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States and the District of Columbia (the “Territory”) that begins and ends at the dates and times listed on the Sweepstakes Page for that specific sweepstakes (the “Sweepstakes Period”). Sweepstakes is void in Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The Sweepstakes is governed by these Official Rules along with any other additional rules on the Sweepstakes Page.
2. Who Is Eligible To Enter/To Win
The SWEEPSTAKES is open only to natural persons who are current fan club members at thesportsfanconnection.com, as defined herein, and who are legal residents of the Territory and at least eighteen (18) years old (or the age of majority in their state of residence, whichever is greater), at the time of entry. A current fan club member at thesportsfanconnection.com is defined as any individual who has a paid fan club membership plan in good standing throughout the Sweepstakes Period or, if they were to join during the Sweepstakes Period, are in good standing throughout the remaining time of the Sweepstakes Period (“Subscriber”). Persons in the following categories are NOT eligible to participate: any person who on or after the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor of Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
B. Agreement To Official Rules
Sweepstakes will be conducted in the Territory by The Sports Fans Connection, a dba of The Connection Reward Inc. (the “Sponsor”), and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules, along with any other additional rules on the Sweepstakes Page, and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory.
C. To Be Eligible To Win
Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules and with any other additional rules on the Sweepstakes Page. Until a potential winner is verified to be eligible and in compliance with these Official Rules and with any other additional rules on the Sweepstakes Page, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and any other additional rules on the Sweepstakes Page and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
3. How To Participate
Subscriber Sweepstakes Entry: All Subscribers automatically receive one entry into the Sweepstakes.
If you are a Subscriber and do not wish to participate, please send an email to HELP@TheSportsFansConnection.com.
4. Sweepstakes – Prizes/Odds/Details
The prize(s) and value(s) available for any Sweepstakes will be listed on the Sweepstakes Page for that Sweepstakes. The odds of winning in any Sweepstakes depend on the number of eligible entries received for that Sweepstakes.
A. Winner Selection
The winner will be selected through a random drawing from among the eligible entries received during the applicable Sweepstakes Period.
B. Potential Winner Contact
The potential winner(s) will be contacted via the email provided in their Subscriber account profile within three (3) business days after the drawing, and the potential winner will be required to reply to the email within five (5) business days to confirm receipt of the notification and obtain additional instructions. Failure to respond to Sponsor’s email within the stated time period will result in forfeiture of any potential winnings. Sponsor’s computer is the official timekeeper and all determinations are based upon Sponsor’s timekeeping device. The potential winner must also complete and return Prize Claim Documents within ten (10) business days of receipt, or the time period stated in the notification, or the potential winner may be disqualified and forfeit the prize.
C. Additional Prize Information
Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified. Sponsor will provide for standard trackable delivery of the prize in the Sweepstakes. The prizewinner shall be solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules together with any other additional rules on the Sweepstakes Page, shall prevail, govern and control.
D. General Prize Conditions
Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s sole and absolute discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Potential winner (a) is responsible for any taxes due as a result of acceptance of the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description. Winners of prizes valued at $600 or more will be issued an IRS Form 1099 for the value of the prize.
5. Prize Claim Documents
The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned as provided in the directions to the potential winner prior to any awarding of a prize. Failure to fully complete and return all Prize Claim Documents will result in disqualification and forfeiture. Prizes that require shipping to the winner will ship approximately four to eight weeks from date of final verification. In the event of forfeiture, you will not receive the prize. Upon prize forfeiture, no compensation will be given.
By receipt of any prize, winner agrees to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
7. General Provisions
A. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules or any other additional rules on the Sweepstakes Page shall not constitute a waiver of that provision. Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries. Entries may not be acknowledged or returned.
B. Each Participant shall only participate in the Sweepstakes on his or her own behalf and can not participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, accounts, or any other methods, shall void Participant’s entry and Participant will be disqualified from Participation in the Sweepstakes.
C. By entering the Sweepstakes, Participant fully and unconditionally agrees to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
D. Participant agrees that the Sweepstakes and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that the website interface or any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.
8. Limitations Of Liability
All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (7) any maintenance, service charge(s), account activation or monthly fees, repairs, replacement, insurance, or any expense related to ownership of any prize. If for any reason an Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the sole remedy available is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules and any other additional rules on the Sweepstakes Page to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
9. Governing Law, Arbitration And Dispute Resolution
Please read this section carefully. It affects the way in which any claim or dispute between you and the sponsor is resolved.
A. Governing Law
Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules and any other additional rules on the Sweepstakes Page, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.
Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, together with any other additional rules on the Sweepstakes Page, and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of California consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
C. No Class Action or Consolidated Proceeding
ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
E. No Preclusive Effect
No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
10. Publicity And Privacy
11. Winners List
Winner information for each Sweepstakes will be available on the website for at least ninety (90) days after the end of the applicable Sweepstakes.
12. Sponsor And Administrator
The Sweepstakes is sponsored in the Territory by The Sports Fans Connection, a dba of The Connection Reward Inc., 668 N. Coast Hwy. #231, Laguna Beach, California 92651
© 2018 The Sports Fans Connection, a dba of The Connection Reward Inc. The Sports Fan Connection™, The Connection Reward, and The Sports Fan Connection logo are trademarks of The Sports Fans Connection, a dba of The Connection Reward Inc. All trademarks, service marks, logos, likeness, and names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by Facebook, Inc., Instagram, LLC, or any other third-party not specifically designated by Sponsor. Information is being provided to Sponsor in accordance to these Official Rules.
By using this Site or making a purchase, user agrees as follows:
Links or advertisements may allow you to purchase products and services online provided by other third party merchants. Some of the links that we post on this Site are “affiliate links.” This means that if you click on the affiliate link and purchase an item through that link, you will transferred to a third party website and if you make a purchase, we may receive an affiliate commission.
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the products and services purchased through advertising or affiliate links, the information contained on third party sales page, or any other third party links. In addition, the merchant for your purchase may have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their website or on a website that we have posted a link to, the information obtained during your visit to that website or that merchant’s online store, and the information that you submit as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected by that merchant and may be available to us. For more information regarding any merchant, its online store, its privacy policies, or any additional terms and conditions that may apply to your visit of its website, visit that merchant’s website and click on that merchants relevant pages and their informational links, or contact that merchant directly.
In additions, we may engage corporate partners to sponsor events or programs which are offers to a fan club member. Those corporate partners provide us with compensation to create engaging, fun, and interesting opportunities for members. These corporate partners are independent third parties and are not affiliated with us other than as designated.
You release us and our affiliates from any damages that you may incur, and agree not to assert any claims against them or us in connection with your purchase or your use of any of the products, services, or information contained on sales page made available to you by third parties through our Site. Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and that third party. You agree that we will not be responsible or liable for any loss, damage, or other matter of any sort incurred as the result of any third party transaction.
The compensation received may influence the editorial or advertising content, topics, or posts on this Site. That content, advertisement, or link may not always be identified as paid or sponsored content.
Even though the Site may receive compensation for links, posts, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are those of the writer and may not reflect the experience of the Site owners, management, athletes, or celebrities. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.