Terms and Conditions
TERMS AND CONDITIONS
Fan Shop VIP TERMS AND CONDITIONS, USE AND PURCHASE
Welcome to Fan Shop VIP! This website located at fanshopvip.com (this "Site") is owned and operated by Fan Shop VIP. (the "Company"). Fan Shop VIP provides website features and other products and services to you when you visit, shop or purchase items from this Site, use Fan Shop VIP services, access this Site from your mobile devices, or use software provided by Fan Shop VIP in connection with any of the foregoing (collectively, "Fan Shop VIP Services"). Fan Shop VIP provides its products and services subject to these Terms and Conditions.
By using Fan Shop VIP Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Fan Shop VIP product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable law, whether or not you are a registered member of Fan Shop VIP. Fan Shop VIP may change these Terms and Conditions at any time without notice. When we make changes, we will post them here. Your continued use of the Fan Shop VIP Services or enrollment as a Fan Shop VIP Member shall be considered your acceptance to the revised Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or any Fan Shop VIP Services and immediately cancel your Fan Shop VIP Membership by calling one of our customer service representatives at 1-866-949-8018. You must be at least 18 years old to use this Site or Services.
When you use any Fan Shop VIP Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Fan Shop VIP Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fan Shop VIP MEMBERSHIP
Fan Shop VIP offers members the opportunity to participate in its membership perks (the "VIP Program"). To become a Fan Shop VIP Member, enroll on this Site or through an applicable Fan Shop VIP Service and you will be automatically enrolled in the Fan Shop VIP Membership Program (including the monthly, automatic payment feature). As a Fan Shop VIP Member, our experts will send you a customized selection of Fan Shop VIP items on your 1st transaction, from there your access to fanshopvip.com allows you to access thousands of products at wholesale pricing. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Fan Shop VIP Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your Fan Shop VIP Membership at any time by calling one of our customer service representatives at 1-866-949-8018, use the link "Manage My Membership" on our website, or chat/email with a customer service representative otherwise, your credit card will be charged an automatic monthly membership fee of $28.60 if you signed up before March 1, 2018 or $38.60 on/after March 1, 2018 for a member access.
You may cancel your Fan Shop VIP Membership at any time on our website under the "Manage my Membership" link or Monday-Friday 9am – 5:30pm MST by calling/chatting/emailing one of our customer service representatives at 1-855-827-9807 or email@example.com. Allow 24-48 business hours for someone to reach out to you if you leave a voicemail or email. There is no cancellation fee. Please be advised that your Account may only be canceled by the registered Fan Shop VIP Member or the holder of the valid credit card on file related to your Account.
VIP MEMBER PERKS
As a Fan Shop VIP Member, you will be able to purchase Fan Shop VIP online items including, but not limited to, sports merchandise, watches, jewelry, purses, sports memorabilia, and other items at exclusive member only discounted prices. Typically, these discounted prices range from 40-60% off of retail prices. You will also receive free shipping on all order over $75.00. In order to bring you this exclusive pricing, we must charge a $4.95 shipping fee for all orders under $75.00, after applicable discounts. 100% Satisfaction Guaranteed for all members.
VIP Facebook membership groups are created for each team within any NFL, MLB, NHL, or major NCAA teams. These are exclusive FANS ONLY areas for likeminded sports fanatics to come together and share their team love. Any member who insults or brings down the specific team will be banned from the page immediately. We conduct several giveaways, team highlights, and other exclusive benefits to our members.
VIP member arenas are available for login once membership is enrolled giving you access to more content available for your use. This can include: recipes, gameday drink and food ideas, sports décor, and other fun information to make your gamedays a huge hit.
Your membership also includes a team of dedicated personalized shoppers. If you are looking for a certain item and are unable to find it on www.fanshopvip.com, simply call 1-866-949-8018 and speak with a VIP Fan Consultant. We work with all our customers to meet any gameday or sports merchandise needs.
In addition, Fan Shop VIP will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. As a Fan Shop VIP Member you will also have access to exclusive member-only sales and discounts, and special collections. Fan Shop VIP is always striving to create the best shopping experience to its VIP Members so additional benefits and perks may be added.
RETURNS & EXCHANGES
Not happy with your purchase? Contact us at
1-866-949-8018 or firstname.lastname@example.org to amend any issues for you!
We offer 100% Satisfaction Guaranteed for all VIP Members!
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Fan Shop VIP Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Fan Shop VIP does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Fan Shop VIP does not take title to the refunded item.
Fan Shop VIP is required by law to collect sales tax on orders shipped to Delaware. If your order is shipping to Delaware, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Fan Shop VIP reserves the right to collect sales tax in any other jurisdictions if Fan Shop VIP believes that such collection is required by law.
To make purchases through the Fan Shop VIP Services or to become a Fan Shop VIP you must submit credit card information. You represent and warrant to Fan Shop VIP that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Fan Shop VIP to use any updated credit card information submitted by your credit card company directly to Fan Shop VIP. If you dispute any charges, you must inform Fan Shop VIP within thirty (30) days upon receipt of Fan Shop VIP's invoice. We reserve the right to change Fan Shop VIP prices, fees or the number of Member Credits required to purchase items. Your continued use of the Fan Shop VIP Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Fan Shop VIP Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Fan Shop VIP shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Fan Shop VIP Services is in compliance with these Terms and Conditions. You further acknowledge and accept that Fan Shop VIP shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Fan Shop VIP Services, which is defined as a matching and current member sign-in and user password. You shall notify Fan Shop VIP immediately of any unauthorized access to your Account or any other unauthorized use of any Fan Shop VIP Services.
You agree that Fan Shop VIP may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms and Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Fan Shop VIP believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Fan Shop VIP's sole discretion and that Fan Shop VIP shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Fan Shop VIP Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Fan Shop VIP, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Fan Shop VIP specifically prohibits any use of the Fan Shop VIP Service, and requires all users to agree not to use the Fan Shop VIP Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Fan Shop VIP server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site's network security, or attempting to use this Site's service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Fan Shop VIP's provision of services to any other visitors to this Site, Fan Shop VIP hosting provider or Fan Shop VIP networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, "User Content") that you submit or post through any Fan Shop VIP Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Fan Shop VIP and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Fan Shop VIP will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Fan Shop VIP shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Fan Shop VIP retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the Fan Shop VIP Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Fan Shop VIP is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Fan Shop VIP Services and its social features, you agree to respect other users of the Fan Shop VIP Services in your interactions with them. Fan Shop VIP reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Fan Shop VIP and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Fan Shop VIP reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Fan Shop VIP has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Fan Shop VIP cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Fan Shop VIP is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Fan Shop VIP Services are subject to Fan Shop VIP's acceptance. This means that Fan Shop VIP may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Fan Shop VIP will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Fan Shop VIP Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Fan Shop VIP and all rights thereto are specifically reserved. As between you and Fan Shop VIP, (or any other company whose marks appear on any of the Fan Shop VIP Services), Fan Shop VIP (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Fan Shop VIP Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Fan Shop VIP logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Fan Shop VIP Intellectual Property") are owned by Fan Shop VIP and may be registered in the United States and internationally. You agree not to display or use the Fan Shop VIP Intellectual Property in any manner without Fan Shop VIP's prior written permission. Nothing contained on this Site or in any of the Fan Shop VIP Services should be construed to grant any license or right to use any Fan Shop VIP Intellectual Property without the prior written consent of Fan Shop VIP.
Except as otherwise provided herein, use of the Fan Shop VIP Services does not grant you a license to any materials, content or features you may access on this Site or via the Fan Shop VIP Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Fan Shop VIP Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Fan Shop VIP. If you make use of the Fan Shop VIP Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Fan Shop VIP Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
Fan Shop VIP publishes information within the Fan Shop VIP Services as a convenience to its visitors. While Fan Shop VIP attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Fan Shop VIP Services at any time without notice. The Fan Shop VIP products described in the Fan Shop VIP Services may not be available in your region. Fan Shop VIP does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Fan Shop VIP Services will be available for purchase in all jurisdictions.
YOUR USE OF THE Fan Shop VIP SERVICES ARE AT YOUR SOLE RISK. THE Fan Shop VIP SERVICES AND THE PRODUCTS OFFERED THROUGH THE Fan Shop VIP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fan Shop VIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Fan Shop VIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE Fan Shop VIP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE Fan Shop VIP SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
Fan Shop VIPSHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE Fan Shop VIP SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Fan Shop VIP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Fan Shop VIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Fan Shop VIP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE Fan Shop VIP SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. Fan Shop VIP SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD Fan Shop VIP.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONALRIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Fan Shop VIP SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE Fan Shop VIP SERVICES. IF A PRODUCT OFFERED THROUGH THE Fan Shop VIP SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS AND CONDITIONS.
Fan Shop VIP makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Fan Shop VIP Services. Hyperlinks are included solely for your convenience, and Fan Shop VIP makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Fan Shop VIP does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Fan Shop VIP Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Fan Shop VIP and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Fan Shop VIP Services by you or any other person accessing the Fan Shop VIP Services using your Account; (b) the use of, or connection to, the Fan Shop VIP Services by you or any other person accessing the Fan Shop VIP using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms and Conditions.
Use of the Fan Shop VIP Services, membership in the Fan Shop VIP Membership Program, any purchases made through the Fan Shop VIP Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fan Shop VIP Services, your membership in or purchases through the Fan Shop VIP Services, Fan Shop VIP Membership Program and/or your Account, or products purchased through the Fan Shop VIP Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Fan Shop VIP or the Fan Shop VIP Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and Fan Shop VIP waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Fan Shop VIP Services, your membership in or purchases through the Fan Shop VIP Membership Program and/or your Account, or products purchased through the Fan Shop VIP Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Colorado Springs, CO. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitration Notification These Terms and Conditions provide for final, binding arbitration of all disputed claims (discussed immediately below). Fan Shop VIP and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Fan Shop VIP shall send a letter to the other side briefly summarizing the claim and the request for relief. If Fan Shop VIP is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Fan Shop VIP, Inc., Attn: General Counsel, 16192 Coastal Hwy Lewes, DE 19958. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the Fan Shop VIP Services, membership in the Fan Shop VIP Membership Program, any purchases made through the Fan Shop VIP Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fan Shop VIP Services, your membership in or purchases through the Fan Shop VIP Membership Program, or products purchased through the Fan Shop VIP Services shall be resolved by final and binding arbitration between you and Fan Shop VIP.
The arbitration shall take place in eastern El Paso County, CO with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Colorado Springs to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Fan Shop VIP will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Fan Shop VIP will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Fan Shop VIP's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Fan Shop VIP will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and Fan Shop VIP waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following: within 15 days of setting up your Account, you must send a letter to Fan Shop VIP, Inc., c/o Legal Department, 16192 Coastal Hwy Lewes DE 19958 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that, if Fan Shop VIP makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Fan Shop VIP's address), you may reject any such change by sending a letter to Fan Shop VIP within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
These Terms and Conditions constitute the entire agreement between you and Fan Shop VIP and govern your use of the Fan Shop VIP Services, and they supersede any prior agreements between you and Fan Shop VIP. You also may be subject to additional terms and conditions that are applicable to certain parts of the Fan Shop VIP Services. Fan Shop VIP may terminate this Agreement and deny you access to the Fan Shop VIP Services at any time, immediately and without notice, if in Fan Shop VIP's sole discretion you fail to comply with any provision of these Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between Fan Shop VIP and you as a result of this Agreement or your use of the Fan Shop VIP Services.
The failure of Fan Shop VIP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms and Conditions shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Fan Shop VIP's express written consent. The Terms inure to the benefit of Fan Shop VIP's successors, assigns and licensees. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Updated: February 12, 2018
Fan Shop VIP