Last Updated: September 25, 2026
I. Introduction
This Terms of Use ("Terms") is an agreement between you ("you" or "user") and Miami Dolphins, Ltd. and its affiliates, websites, mobile apps, vendors, and promotional partners ("the Company", "we", or "us"). These Terms govern your access and use of our websites and online services that link to or post these Terms, including, but not limited to, miamidolphins.com; hardrockstadium.com; dolphinscancerchallenge.com; and dolphinsacademy.com; our applications on Facebook or other social media sites; and our mobile applications ("Applications") (collectively, the "Services"). By using the Services, you agree to be bound by these Terms. If you do not agree to the Terms, you may not access or otherwise use the Services.
We may, in our sole discretion, modify these Terms with or without notice to you. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you agree to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES (SECTION VI), LIMITATION OF LIABILITY (SECTION VII), AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT (SECTION XII), AND A CLASS ACTION WAIVER (SECTION XII).
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services, and fulfill the obligations set forth in these Terms.
II. Connectivity, Communications, Privacy
You must have an internet-enabled cell phone or device using either the iOS or Android operating system to access the Applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
If you use the Applications, you will be asked when you first use the application whether you agree to receive push notifications, including promotional push notifications from time to time. You may stop receiving push notifications by disabling the push notification function on your mobile device.
Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read and you agree to our Privacy Policy. You agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to these Terms.
III. Copyright; Trademarks
You acknowledge that all materials on the Services, including the Services' design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively, "Materials"), are the property of the Company or its licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to the Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services (including, without limitation, MIAMI DOLPHINS, MIAMI DOLPHINS design mark, the Miami Dolphins helmet logo and uniform design) are the sole property of the Company and/or its licensors and may not be copied imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company. The Company will enforce its intellectual property rights to the fullest extent of the law.
IV. User Content and Conduct
Where applicable at the Services (e.g., message boards or by leaving comments), you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted it on the Services, posted it as part of your profile, or privately transmitted it to the Company, is your sole responsibility and we are not responsible for the accuracy, safety, appropriateness, or intellectual property rights in or related to such content. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.
If you are under the age of thirteen (13), you may not submit, post, or add User Content to the Services. If you are under the age of majority in your jurisdiction of residence but at least thirteen (13) years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of thirteen (13) and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his, her, or their User Content and any legal liability that he, she or they may incur.
THE COMPANY IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content at the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV and (b) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the Company, its users, and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting to networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or implied by our review of subsequent use of your User Content. The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU ON OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable (including without limitation, nudity, and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(g) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, emulate, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(k) "stalk" or otherwise harass another;
(l) collect or store personal information or data about other users; or disclose another person's personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) "bot," "hack," or "crack," or otherwise attempt to circumvent any access control, copyright protection, or other license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. Parents or legal guardians should use appropriate parental discretion in determining whether to authorize minors to access the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates these Terms or is otherwise objectionable, in the Company's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users, including disputes regarding the exchange of virtual currency or goods. The Company reserves the right to terminate your access to the Services if the Company determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, "Feedback") submitted to the Company shall become the property of the Company. The Company will not be required to treat any Feedback as confidential; will not be liable for any ideas in the Feedback (including without limitation, application, site, Services or advertising ideas); and will not incur any liability as a result of any similarities between the Feedback and the Services or Company operations in the future. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
V. Links; Third-Party Websites
Links on the Services to third-party websites and mobile applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or mobile applications are solely between you and such third parties. You agree that the Company and its Affiliated Parties (as defined below) will not be responsible or liable for any content, goods, or services provided on or through these outside websites or mobile applications or for your use or inability to use such websites or mobile applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and mobile applications linked from the Services, might contain material or information that: (i) some people may find offensive or inappropriate; (ii) is inaccurate, untrue, misleading, or deceptive; or (iii) is defamatory, libelous, infringing of other's rights, or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website or mobile application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third-party websites or mobile applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or third-party website or mobile application providers. You agree that the Company and its Affiliated Parties (as defined below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party website or mobile application providers on the Services.
The Company is not responsible for any product or service (including third-party websites or mobile applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
VI. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY, ITS PARENTS, MEMBERS, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CO-BRANDERS, PARTNERS, AGENTS AND OTHER REPRESENTATIVES AND THE COMPANY'S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, "THE COMPANY AND ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL SERVICES, APPLICATIONS, OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION, AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
The Services are controlled and operated by the Company from within the United States of America. The Company makes no representations or warranties that the content or materials on the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
VII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF THE AFFILIATED PARTIES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY SERVICE OR ANY ASPECT OF A SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEBSITE LINKED TO OR FROM A SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH ALTERATIONS.
THE LIMITATIONS IN THIS SECTION VII APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES) EXCEED ONE HUNDRED DOLLARS ($100.00).
ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION VII. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION, AND THE SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
VIII. Indemnification
Upon our request, you agree to indemnify and hold harmless the Company and its Affiliated Parties from and against all liabilities, claims, investigations, fines, costs and expenses, including reasonable attorneys' fees, made by or due to any third party due to, arising out of, or in connection with: (i) any User Content that you submit, post to or transmit through the Services; (ii) your use of the Services; (iii) your online conduct in connection with the Services; (iv) your violation of these Terms or your violation of any rights of another; (v) your failure to comply with any applicable laws or regulations in connection with the Services; (vi) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; (vii) any of your dealings or transactions with other persons resulting from use of the Services; or (viii) any activity related to your account by you or any other person. You shall not settle any such claim without the prior written consent of the Company. We reserve the right to defend any such claims and, for clarity, you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive any termination of these Terms.
IX. Service Usage; Termination of Usage
You are required to establish an account and/or register on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is false, inaccurate, outdated, or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You will create a username and password while completing the account and/or profile registration process. You are responsible for maintaining the confidentiality of the password and account. The Company reserves the right to refuse registration of, or cancel, an account, profile, or username in its sole discretion. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You are responsible for your use of and communications on the Services. You agree to use the Services only for lawful purposes and not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with applicable laws, rules, and regulations.
These Terms are effective unless and until terminated by either you or the Company. You may terminate these Terms at any time, provided that you discontinue all further use of the Services. The Company also may terminate or suspend these Terms, at any time, without notice, and accordingly deny your access to the Services, for any reason, including without limitation, if, in the Company's sole discretion, you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of these Terms by either you or us, you must promptly uninstall the mobile application and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these Terms or otherwise.
The Company reserves the right and from time to time may modify or discontinue, the Services (or any part thereof) temporarily or permanently with or without notice. Except as otherwise expressly stated in these Terms, you agree that the Company and its Affiliated Parties shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
You agree that the Company may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user or the Company and its Affiliated Parties.
Sections VI-IX and XII-XVIII shall survive the termination of these Terms.
X. Rules for Sweepstakes, Contests, Raffles, Surveys, and Similar Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the Services may be governed by specific rules that are separate from and in addition to these Terms. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from these Terms set forth herein, and which are incorporated into these Terms.
XI. Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protection is available on-line.
XII. Choice of Law, Class Action Waiver, Small Claims, and Arbitration Agreement
PLEASE READ THIS SECTION XII CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION XII, OR ANY SUBSEQUENT CHANGES TO THE ARBITRATION AGREEMENT, AS SET FORTH BELOW.
You and we agree that these Terms and Conditions affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.
With respect to any and all disputes arising out of or relating to the Services or these Terms (including the Privacy Policy), you and the Company agree to first negotiate in good faith to achieve a mutually satisfactory resolution, as provided in Section XIII below, before initiating a proceeding in any forum except as specifically set forth below.
(a) Choice of Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Unless you and the Company agree otherwise, to the fullest extent permitted by law, the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over any action or proceeding between you and the Company or its Affiliated Parties that is not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and the Company voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in Miami-Dade County, Florida that have subject matter jurisdiction, waives all objections to venue and any claim that it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other forum.
(b) Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(c) Small Claims Court. Any dispute arising out of or relating to the Services or these Terms (including the Privacy Policy) that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section XIII to that court. The certification shall be personally signed by that party (and counsel, if represented).
(d) Arbitration Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS (INCLUDING THE PRIVACY POLICY) THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION WILL BE SETTLED EXCLUSIVELY THROUGH CONFIDENTIAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Except as modified by these Terms, AAA shall administer the arbitration in accordance with the Consumer Arbitration Rules and/or the Mass Arbitration Supplementary Rules, as applicable (the "AAA Rules"). The AAA Rules and fee information are available at "www.adr.org/consumer.” If AAA is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in Miami-Dade County, Florida to appoint an alternate administrator that will do so.
The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process in Section XIII and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would. The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator may consider but will not be bound by rulings in other arbitrations where you and the Company were not both parties. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that you or the Company and/or its Affiliated Parties may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida, as necessary to protect their rights or property (including intellectual property rights) pending the completion of arbitration. In addition, a court of competent jurisdiction in Miami-Dade County, Florida shall have exclusive authority to resolve any dispute relating to the interpretation, validity, scope, applicability, or enforceability of this binding arbitration agreement.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section XII(d) within 30 days after the date that you first agree to these Terms by sending a letter to Attn: Legal Department – Arbitration Opt-Out, Miami Dolphins, Ltd., 347 Don Shula Drive, Miami Gardens, FL 33056 that specifies: your full legal name, your email address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once the Company receives your Opt-Out Notice, this Section XII(d) will be void. The remaining provisions of these Terms will not be affected by your Opt-Out Notice. Notwithstanding anything to the contrary, these Terms do not prevent you or the Company from participating in a mass settlement of claims, including from participating in a class-action settlement.
If the Company makes any future change to the arbitration provisions in this Section XII(d) (other than a change to the notice address), you may reject any such change by sending a letter within 30 days after the date of such change to Attn: Legal Department – Arbitration Change Opt-Out, Miami Dolphins, Ltd., 347 Don Shula Drive, Miami Gardens, FL 33056 that specifies: your full legal name, your e-mail address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of such change to the arbitration provisions ("Change Opt-Out Notice"). Once the Company receives your Change Opt-Out Notice, any such change to the arbitration provisions in this Section XII(d) will be void as to you, but you will still be bound by the prior arbitration agreement that you accepted. For clarity, please note that this is not an opt out of arbitration altogether.
The terms of the arbitration provisions contained in Sections XII and XIII herein will also apply to any claims asserted by you against any present or future Affiliated Party of the Company, including the National Football League and its affiliate entities, including NFL Ventures, Inc., NFL Ventures, L.P., and their subsidiaries, including NFL Enterprises LLC, the other NFL member professional football clubs, and other members of the NFL Family (full list available at https://www.nfl.com/legal/privacy/nfl-entities-list/), to the extent that any such claims arise out of your access to or use of the Services or the provision of content or technology on or through the Services.
(e) Additional Procedures for Mass Filings.
(1) If your claim is one of twenty-five (25) or more similar claims intended to be asserted against the Company and/or its Affiliated Parties by the same or coordinated counsel or are otherwise coordinated, consistent with the definition of Mass Arbitration set forth in the AAA Rules, you and we understand and agree that these Additional Procedures for Mass Filings will apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the mass filing. The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.
Stage One. Counsel for the claimants and counsel for the Company will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of the first staged process ("Stage One"). Absent agreement of the parties, no more than five (5) Stage One cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and the Company will pay the mediation fee.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Company will again each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process ("Stage Two"), subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Absent agreement of the parties, no more than five (5) Stage Two cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and the Company will pay the mediation fee.
(2) Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either
- Option One. You or the Company may opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction in Miami-Dade County, Florida consistent with these Terms. For purposes of this Option One, you may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to the Company via email at legalnotices@dolphins.com within thirty (30) days after the conclusion of the second global mediation session. For purposes of this Option One, the Company may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR
- Option Two. If neither you nor the Company elect to have your claim heard consistent with Option One above, then you agree that your claim will be resolved through continuing staged proceedings as set forth in this Option Two. If after the expiration of the Company's opt-out period, the number of remaining claims exceeds two hundred (200), then two hundred (200) claims will be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitrations as part of a staged process. Absent agreement of the parties, no more than ten (10) cases in any set of two hundred (200) cases will be assigned to a single arbitrator. If the number of remaining claims is fewer than two hundred (200), then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until such remaining claims are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process will repeat consistent with the parameters in this Option Two.
Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
(3) Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
(4) You and the Company agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and the Company acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of claims.
(5) A court of competent jurisdiction in Miami-Dade County, Florida will have the authority to enforce these Additional Procedures for Mass Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these Additional Procedures for Mass Filings apply to your claim, and a court of competent jurisdiction in Miami-Dade County, Florida determines they are not enforceable as to your claim, the mandatory arbitration provisions of these Terms, including the Additional Procedures for Mass Filings, are non-severable from one another and therefore your claim then must proceed in a court of competent jurisdiction in Miami-Dade County, Florida consistent with these Terms.
XIII. Mandatory Pre-Dispute Resolution Process
(a) Before initiating any claim in any forum, the party bringing the claim must provide the other party with written notice of the dispute by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The Company's address for Notice is: Attn: Legal Department, Miami Dolphins, Ltd., 347 Don Shula Drive, Miami Gardens, FL 33056. The written notice (a "Notice of Dispute") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
(b) Before initiating a proceeding in arbitration or small claims court, you or the Company must provide a Notice of Dispute that is personally signed by you (if you are initiating the Notice of Dispute) or by a Company representative (if we are initiating the Notice of Dispute). The Company must send any such Notice of Dispute to you at the contact information the Company has on file for you via email. The Company and you will attempt to resolve the dispute through informal negotiation within 60 days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties).
(c) The Company and you will use reasonable, good faith efforts to resolve the dispute through consultation, cooperation, and good faith negotiations. If the party receiving the Notice of Dispute requests a telephonic settlement conference as part of this informal process, you and the Company agree to participate in an effort to resolve the dispute. Should the Company make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the Company agrees to have a representative attend this conference (with counsel, if the Company is represented). Neither you nor the Company may initiate an arbitration proceeding before the conclusion of the sixty (60) day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section XIII (collectively, the "Mandatory Pre-Dispute Resolution Process"). You agree that you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida, as necessary to protect their rights or property (including intellectual property rights) pending completion of the Mandatory Pre-Dispute Resolution Process.
(d) If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Miami-Dade County, Florida at either party's election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and the Company engage in the Mandatory Pre-Dispute Resolution Process.
XIV. Right to Contact
You agree to receive pre-recorded/artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from the Company and its Affiliated Parties, including, but not limited to, South Florida Stadium LLC (d/b/a Hard Rock Stadium), and SFS Events, LLC, and their respective partners, at any telephone number or email address that have been provided to Company or that Company and/or its Affiliated Parties or partners have otherwise obtained, which could result in charges to me. Company and/or its Affiliated Parties or partners may place such calls, texts or emails to (i) notify you regarding upcoming appointments, (ii) notify you of upcoming Miami Dolphins and other Stadium events, (iii) troubleshoot problems with accounts, (iv) resolve a dispute, (v) collect a debt, or (vi) as otherwise necessary to service member accounts, Company policies, applicable law, or any other agreement Company and/or its Affiliated Parties or partners may have with you. The ways in which members may provide Company and/or its Affiliated Parties or partners a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to an account at a later time, or providing it to any employee of Company and/or its Affiliated Parties or partners. You consent to receive SMS or text messages and understand that you will be responsible for any standard telephone minute and text charges if you are contacted. You understand that you may revoke this express consent at any time by calling Company at: (305) 943-8000.
XV. Severability; Interpretation
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. All interpretations of these Terms will be at the Company's sole discretion and the Company's decisions will be final. When used in these Terms, the word "including" shall be deemed followed by the words "without limitation."
XVI. Entire Terms
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between the Company and each user of the Services with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms.
XVII. Third-Party Beneficiaries
Except as expressly stated in these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you. You acknowledge and agree that the National Football League and its other member professional football clubs, as well as other members of the NFL Family (full list available at https://www.nfl.com/legal/privacy/nfl-entities-list/), are each third-party beneficiaries of these Terms, including with respect to your obligations hereunder and any disclosure made hereunder to (or acknowledgements made by) you. Upon your acceptance of these Terms, the National Football League and its other member professional football clubs, and other members of the NFL Family, will each have the right (and you will be deemed to have accepted their right) to enforce these Terms against you as third-party beneficiaries hereof.
XVIII. Miscellaneous
The failure of the Company and its Affiliated Parties to insist upon strict adherence to any section of these Terms shall not constitute a waiver of that section and shall not be considered a waiver or limit the Company's right thereafter to insist upon strict adherence to that section of any other section in these Terms.
XIX. Copyright Policy
We respect the intellectual property rights of others and require that users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
General Counsel
Miami Dolphins, Ltd.
347 Don Shula Drive
Miami Gardens, FL 33056
XX. Contact Information
If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at legalnotices@dolphins.com.