Last Updated: JULY 2, 2024
These terms of use (“Terms”) are provided by the LA Clippers LLC, Clippers G League LLC and Murphy’s Bowl LLC, also doing business as Halo Sports and Entertainment (“Company,” “we,” and “us”). We own and operate Intuit Dome, which hosts sports and live entertainment events, as well as the LA Clippers professional sports team (“Intuit Dome” or “Arena”).
These Terms apply to your access to and use of our “Services,” which includes our websites, mobile applications and other online services we provide, such as in connection with Intuit Dome events. These Terms also apply to the purchase of merchandise and other products we sell via our websites or at the Intuit Dome (the “Products”). For clarity, these Terms apply whether or not you create an account with us.
YOU AND COMPANY AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH COMPANY, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 12(L). If you do not agree to these Terms, you may not use or purchase our Products or Services.
For information about how we collect, use, disclose, and otherwise process information about you, please see our Privacy Policy.
From time to time, we may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services, such as including rules and policies located here. If there is a conflict between these Terms and those additional terms, the additional terms will control for that conflict. Additionally, separate terms and conditions apply to your purchase and use of a ticket to the Intuit Dome, whether purchased directly from us or obtained from a third party. If you purchase or use a ticket to the Intuit Dome, you agree to comply with those ticket terms.
We may make changes to these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms. If we make material changes, we will provide you with additional notice (such as by adding a statement to our websites or sending you a notification). Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
1 Eligibility and Accounts
(a) Age. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of that under-age user in relation to our Services.
(b) Jurisdiction. You may only use our Services in jurisdictions authorized by Company. Use of our Services is currently authorized only in the United States. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(c) Account. Although these Terms apply regardless of whether you create or use an account, you may create an account with Company in order to use many core features of our Services. You may not share or permit others to use your account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other online service. You must maintain the security of your account, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
(d) Other Users. If you use our Services on behalf of another person or entity: (i) you agree to these Terms on behalf of yourself and that person or entity; (ii) you represent that you are authorized to agree to these Terms on that person’s or entity’s behalf; and (iii) all references to “you” throughout these Terms other than this sentence will include you and that person or entity.
(e) Teammates. If you create a teammate profile that is associated with your account, you agree to: (i) ensure that they are legally bound by these Terms; (ii) ensure that appropriate consent has been obtained by them or on their behalf to enable us to process their personal data as described in our privacy policy; and (iii) remain liable for their acts and omissions as if they were performed by you.
2 Prohibited Conduct
(a) You will not use our Products or Services if you are not eligible to use our Products or Services in accordance with Section 1 and will not use our Products or Services other than for their intended purpose. Further, you will not:
● Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
● Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
● Use or attempt to use another user’s account or information without authorization from that user and Company;
● Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
● Sell or resell our Products or Services, other than tickets to events at Intuit Dome if specified on such tickets;
● Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
● Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
● Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
● Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
● Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Company grants to the operators of public search engines permission to use spiders to copy materials from our websites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
● Develop or use any applications or software that interact with our Services without our prior written consent;
● Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
● Use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(b) Enforcement of this Section 2 is solely at Company’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 2 does not create any right or private right of action on the part of any third party.
3 Product Listings
We may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
4 Terms of Sale
The terms in this Section 4 apply to your purchase of any Product from us, whether through our website or at the Intuit Dome, including through the seamless shopping experiences provided at the Arena. You’ll see in this section that some of the terms only apply if you purchase Products through our website and some of the terms only apply if you purchase in-person at Intuit Dome.
4.1 General
(a) Restrictions. You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale, other than tickets to events at Intuit Dome if specified on such tickets. We may place a limit on the quantities that may be purchased. We reserve the right, without prior notice, to reject any order at any time and refund any money you have paid for such order.
(b) Price. All prices for Products are subject to change prior to purchase. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase.
(c) Payment. You represent and warrant that you have the right to use any payment method that you provide through your account or in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored in your account. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. You will pay all charges incurred by you or those with whom you’ve authorized via your Intuit Dome account to use your payment method, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. If your payment method is declined or subsequently becomes invalid, you agree to promptly pay for any associated charges to us in the manner we specify. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(d) Refunds and Exchanges. Merchandise may be refunded or exchanged subject to our Returns and Exchange Policy. Refunds will be made to the same method of payment and account used to place the order. Food and beverages are final sale and may not be refunded or exchanged.
(e) Reservation of Rights. Company reserves the right, including without prior notice: to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; and to reject any purchase transaction.
4.2 Products Purchased Through Our Website
(a) Eligibility. To complete your purchase online, you must have a valid billing and shipping address within a jurisdiction that can be selected as part of the checkout process.
(b) Shipping and Handling Fees. Prices shown exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase.
(c) Order Confirmation; Acceptance. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice.
(d) Shipping; Delivery. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are estimates and not guaranteed. We are not liable for any delays in shipments.
(e) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on our website or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
4.3 Products Purchased In-Person at Intuit Dome
Most of our Intuit Dome stores offer grab-and-go technology to help you get back to your seats more quickly and enjoy the event. If you, or anyone you authorize to use your payment method via your Intuit Dome account, take any Products out of our Intuit Dome stores, you are responsible for paying for the purchase price of the Product and any applicable taxes and authorize us to charge any stored payment method associated with your Intuit Dome account.
5 Promotions
Any sweepstakes, contests, raffles, surveys, games, or other promotions made available through the Services may be governed by rules that are separate from these Terms. If you participate in any promotions, you agree to be bound by and comply with the applicable rules. If the rules for a promotion conflict with these Terms, the promotion rules will govern.
6 Intellectual Property
(a) Ownership. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.
(b) Limited License. Subject to your compliance with these Terms (including Sections 2 and 8), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use, and, solely with respect to any mobile application we distribute through an app store, the right to install and use such application on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Our Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Services.
(c) Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Company, its business or any of our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(d) Trademarks. Company’s logos, product or service names, slogans, and the look and feel of the Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Products or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
7 Repeat Infringer Policy; Copyright Complaints
(a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").
(b) Reporting Claims of Copyright Infringement. If you believe that any content on our Products or Services infringe any copyright that you own or control, you may notify Company’s designated agent (your notification, a “DMCA Notice”) as follows:
Designated Agent:
Murphy’s Bowl LLC
Address:
3930 W. Century Blvd.
Inglewood, CA 90303
Telephone Number: 888-311-0231
Email Address: [email protected]
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Products or Services is infringing, you may be liable to Company for certain costs and damages.
8 User Content
(a) Our Services may allow you and other users to create, post, store, and share content, including posts, messages, text, photos, videos, and other materials (collectively, “User Content”). Depending on your account settings and the features made available via our Services, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.
(b) Except for the license you grant below, as between you and Company, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant Company and our end users a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.
(c) You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
● Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
● Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
● May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
● Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
● Impersonates, or misrepresents your affiliation with, any person or entity;
● Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
● Contains any private or personal information of a third party without such third party’s consent;
● In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.
● In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.
(d) Enforcement of this Section 8 is solely at Company’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 8 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.
(e) We expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. That said, we may:
● Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
● Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
● Take any action with respect to your User Content that is necessary or appropriate, in Company’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Company’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
● As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.
9 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Company and our affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnifiable Claims”) arising out of or related to (a) your access to or use of the Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; or (f) access to or use of Intuit Dome. You will promptly notify Company Parties of any third-party Indemnifiable Claims, cooperate with Company Parties in defending such Indemnifiable Claims, and pay all fees, costs, and expenses associated with defending such Indemnifiable Claims (including attorneys’ fees). The Company Parties will have control of the defense or settlement, at Company's sole option, of any third-party Indemnifiable Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.
10 Disclaimers
Your use of our Products and Services and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith are provided “as is” and “as available” without warranties of any kind, either express or implied. Company disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Products or Services or any content provided therein or therewith are accurate, complete, reliable, current, or error-free or that access to our Products or Services or any content provided therein or therewith will be uninterrupted. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith.
11 Limitation of Liability
(a) To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.
(b) The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms, our Products or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Product or Services giving rise to the claim.
(c) The limitations set forth in this Section 11 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
(d) To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12 Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND COMPANY CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COMPANY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 12(L), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.
(a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 12 apply to all Claims between you and Company. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, including any privacy or data security claims and claims related to access or use of the Intuit Dome, or claims arising out of or relating to the interpretation, application, validity, enforceability, or scope of the arbitration requirement or any portion of it.
(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Company or if Company has a Claim against you, you and Company will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Claim for 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.
You will send any Claimant Notice to Company by certified mail addressed to: Murphy’s Bowl LLC,
3930 W. Century Blvd., Inglewood, CA 90303, Attention: Legal Department; or by email to legal@clippers.com. Company will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Company. The Claimant Notice sent by either party must: (i) include the sender’s name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Company cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Company file a Claim in court or proceed to arbitration without complying with the requirements in Section 12, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
(c) Claims Subject to Binding Arbitration; Exceptions. Except for (1) individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and (2) any disputes exclusively related to the intellectual property or intellectual property rights of you or Company, including any disputes in which you or Company seek injunctive or other equitable relief for the alleged unlawful use of your or Company’s intellectual property or other infringement of your or Company’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 12(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(d) Class Action Waiver. Except as provided in Section 12(m)(iv), any arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 12 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 14(b).
(e) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use our products and services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Company as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Company as modified by these Terms.
These Terms affect interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the FAA, to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Company to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
(f) Arbitration Procedure and Location. You or Company may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.
Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Company by certified mail addressed to Murphy’s Bowl LLC, 3930 W. Century Blvd., Inglewood, CA 90303, Attention: Legal Department; or email to [email protected]. Company will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Company.
The arbitration will be conducted by a single arbitrator in the English language. You and Company both agree that the arbitrator will be bound by these Terms.
For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Los Angeles, California, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Company agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
(g) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. Unless otherwise prohibited by law, you and Company have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.
(h) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
(i) Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Company against the other must be filed within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Company will no longer have the right to assert that Claim.
(j) Confidentiality. If you or Company submits a Claim to arbitration, you and Company agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Company agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(k) Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Company may advise the other of your or Company’s believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court.
i. Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 30 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 12. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
ii. Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Company. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
iii. Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 12 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 14(b). If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.
iv. Released Claims: If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
(l) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing [email protected]. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14(b).
(m) Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by sending us notice of your rejection within 30 days of the change via email at [email protected]. Changes to Section 12 may only be rejected as a whole, and you may not reject only certain changes to Section 12. If you reject changes made to Section 12, the most recent version of Section 12 that you have not rejected will continue to apply.
(n) Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.
Except as otherwise provided in this Section 12, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Company may participate in a class-wide, collective, and/or representative settlement of Claims.
(o) Residents of Other Countries. Notwithstanding anything to the contrary in these Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding these Terms either by following the arbitration procedure detailed above in this Section 12 of these Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
13 Modifying and Terminating Our Products or Services
We reserve the right to: modify our Services or to suspend or terminate providing all or part of our Products or Services at any time; charge, modify, or waive any fees required to use the Products or Services; or offer opportunities to some or all end users of the Products or Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Products or Services, such as by sending an email or providing a notice through our Products or Services. All modifications and additions to the Products and Services will be governed by the Terms, unless otherwise expressly stated by Company in writing. You also have the right to stop using our Products and Services at any time, and you may terminate these Terms by ceasing use of our Products and Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
14 General
(a) Severability. Except as stated in Section 12(n), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms, (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms, and (iii) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.
(b) Governing Law. Any dispute, claim, or controversy arises from or relates to these Terms, the Products or the Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arises from or relates to these Terms or our Products and Services that is not subject to arbitration pursuant to Section 12 that cannot be heard in small claims court will be resolved exclusively, in the County of Los Angeles, California. You and Company waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section.
(c) Miscellaneous. All sections of these Terms that, by their nature, should survive termination will survive termination. Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
(d) Contact. If you have a question or complaint regarding the Products or Services, please send an email to [email protected]. You may also contact us by writing to Murphy’s Bowl LLC, 3930 W. Century Blvd., Inglewood, CA 90303, Attention: Fan Experience Department, or by calling us at 888-311-0231. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers 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 Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
15 Additional Terms Applicable to Mobile Devices
(a) If you install, access, or use our mobile application that includes Google Map features or content, you acknowledge that use of such Google Maps features and content is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) The following terms apply if you install, access, or use our mobile application for any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
v. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Subject to these Terms, Company, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple Media Services Terms and Conditions as of the date you download the App, and in the event of any conflict, the Usage Rules in those terms will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
vi. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
vii. Maintenance and Support. You and Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
viii. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. As stated in the Terms, we provide the iOS App without warranty of any kind. However, in the event of any failure of the iOS App to conform to any applicable warranty not fully disclaimed, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties not fully disclaimed, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Company.
ix. Product Claims. Subject to the Terms, you and Company acknowledge that as between Apple and Company, Company, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
x. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, subject to the Terms, Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
xi. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:
LA Clippers LLC
3930 W. Century Blvd.
Inglewood, CA 90303
Attention: Legal Department
xii. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
xiii. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Section 15 of the Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 15 of the Terms against you as a third-party beneficiary thereof.
