LAST UPDATED: June 26, 2019
The following Miami Dolphins Stored Credit Card Terms and Conditions (the "Terms") describe the terms and conditions that apply to the stored credit card functionalities ("Stored Credit Card") of the Miami Dolphins Application (the "Application"), you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE STORED CREDIT CARD FUNCTIONALITIES OF THE APPLICATION ("APPLICATION PAYMENT FUNCTIONS"). THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE APPLICATION PAYMENT FUNCTIONS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
ABOUT THE APPLICATION PAYMENT FUNCTIONS
The Application Payment Functions are brought to you by Miami Dolphins, Ltd. (the "Company", "we", "us"). Most stores and food vendors at Hard Rock Stadium and the Miami Dolphins' Training Facility will accept the Application Payment Functions ("Participating Vendors"). Some stores or food vendors may not permit you to use the Application Payment Functions. We reserve the right not to accept any Application Payment Functions or otherwise limit use of an Application Payment Function if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
FEES AND EXPIRATION OF CARD BALANCES
The Company does not charge any fees for the issuance, activation or use of the Application Payment Functions.
RECEIPTS AND STATEMENTS
Users of the Application Payment Functions are not sent statements of itemized transactions from the Application Payment Functions. You will need to have your user name and password available in order to access your account. When you use your Application Payment Functions, you will receive a receipt if you request one but may not be asked to sign the receipt.
BILLING ERRORS, CORRECTIONS
We reserve the right to correct the balance of any charge if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Stored Credit Card, please email Membership Services if you are a Season Ticket Member at memberships@dolphins.com or Guest Services at customerservice@dolphins.com if you are not a Season Ticket Member. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Because the Application Payment Functions are used like cash for purchases from the Participating Vendors, you are responsible for all transactions associated with the Application Payment Functions, including unauthorized transactions.
If you believe that there has been an unauthorized use of your Stored Credit Card or the security of your account has been breached, you agree to immediately notify the Company. If you become aware of an unauthorized use of your Stored Credit Card, please contact your credit card company to cancel your card.
PRIVACY STATEMENT
For information concerning how we collect, use and disclose information concerning the Application Payment Functions and how to select privacy preferences regarding certain promotional communications, you should refer to our Privacy Policy at https://www.miamidolphins.com/_libraries/footer/privacy-policy.
CHANGES TO THIS AGREEMENT
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. Your continued use of the Application Payment Functions after any modification will constitute your acceptance of the new terms. If we make any material changes, we will notify you by email sent to the email address specified in your account or by means of a notice on the Application prior to the change becoming effective. We encourage you to periodically review the Application for the latest information on Application Payment Functions
CANCELLATION OF THESE TERMS
We may suspend or terminate these Terms and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Application Payment Functions.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
These Terms shall be governed by the law of the United States and the State of Florida, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved through the dispute resolution section of these Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Miami-Dade County, Florida, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
It is the Company's goal that the Application Payment Functions meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: customerservice@dolphins.com or mailing address: 347 Don Shula Drive, Miami Gardens, FL 33056.
You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company's receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Application Payment Functions, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company's or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company and/or the applicable third party(ies). You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer- Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on any individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Company as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, the Company agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THESE TERMS BY SENDING AN EMAIL TO CUSTOMERSERVICE@ DOLPHINS.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action, or proceeding by you related to any way to the Application Payment Functions or these Terms be instituted more than one (1) year after the cause of action arose.
DISCLAIMERS AND LIMITS OF LIABILITY
YOUR USE OF THE APPLICATION PAYMENT FUNCTIONS IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, 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 OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE COMPANY AND ITS AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE APPLICATION PAYMENT FUNCTIONS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT THE COMPANY OR ITS AFFILIATED PARTIES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD IN YOUR APPLICATION PAYMENT FUNCTIONS. THE COMPANY AND ITS AFFILIATED PARTIES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATED PARTIES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO AN APPLICATION PAYMENT FUNCTION THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
ASSIGNMENT
We may assign all or part of these Terms without such assignment being considered a change to the Terms, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Terms.
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 word "without limitation."
ENTIRE TERMS
These Terms, including the Privacy Policy and other policies or agreements in which these Terms are incorporated into, constitute the entire and only agreement between the Company and each user of the Application Payment Functions with the 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.
MISCELLANEOUS
The failure of the Company and its Affiliated Parties to insist upon strict adherences 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 or any other section in these Terms.
INQUIRIES OR QUESTIONS
If you have any comments, questions, or complaints regarding these Terms or the Application Payment Functions, or wish to report any violation of these Terms, please contact us at customerservice@dolphins.com.
