Tampa Bay Buccaneers

Updated: July 15, 2024

Please read these Telemarketing Terms & Conditions ("Terms") carefully. By signing up to receive alerts via live agent, automated or non-automated SMS alerts (including text messages), an automatic telephone dialing system, or artificial or prerecorded voice, you expressly agree to these Terms and consent to receive marketing and telemarketing as well as non-marketing and non-telemarketing messages from Buccaneers Team LLC (the "Buccaneers") to the telephone number you provide. You may opt out of these communications at any time. By signing up for these messages, you are revoking any previously submitted opt out request(s) and agree that this consent supersedes any such opt out request(s). Consent to receive messages from the Buccaneers is not required to purchase any property, goods, or services. Message frequency varies. Carrier message and data rates may apply.

THESE TERMS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THEY CONTAIN PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. PLEASE READ THESE TERMS CAREFULLY.

MESSAGING DESCRIPTION

The Buccaneers may use live agents, automated or non-automated SMS alerts (including text messages), an automatic telephone dialing system or technology, artificial or prerecorded voice, or non-autodialer or non-automatic technology to deliver messages to you. These messages are intended to provide you with information about goods and services such as events, games, tickets, discounts, and promotions. Message and data rates may apply from your mobile carrier, and message frequency may vary. The Buccaneers do not have any control over the mobile carrier's rates. By signing up for these messages, you accept all such charges from your mobile carrier. Consent is not required as a condition of any purchase.

OPTING OUT OF TEXT MESSAGES

To stop receiving text messages from the Buccaneers, simply reply STOP to the number from which you received a text message. After doing so, you will receive a confirmation of your opt out request, and thereafter, you will not receive text messages from the Buccaneers unless you subsequently opt in or sign up again.

GETTING HELP

For help at any time, text 'HELP' to the number from which you received a text message or email emarketing@buccaneers.nfl.com.

DELIVERY OF TEXT MESSAGES

Text messages may be delayed or undelivered for various reasons. The Buccaneers, mobile carriers, and any service providers utilized by the Buccaneers to send text messages are not liable for delayed or undelivered messages.

YOUR MOBILE TELEPHONE NUMBER

By signing up, you confirm that you are the subscriber to the phone number you provided or that you are the customary user of that number on a family or business plan and that you are authorized to consent to receive marketing, advertising, and informational messages at the phone number provided. You are responsible for notifying the Buccaneers immediately if you change your telephone number by emailing emarketing@buccaneers.nfl.com. You agree to indemnify the Buccaneers in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Buccaneers if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising out of the Telephone Consumer Protection Act, Florida's Telephone Solicitation Act, and any similar statutes.

CHANGES TO THESE TERMS

The Buccaneers may revise, modify, or amend these Terms from time to time. To the fullest extent permitted by applicable law, any such revision, modification, or amendment shall be effective when it is posted to www.buccaneers.com/terms. You agree to review these Terms and any updates thereto periodically to ensure that you are aware of any such changes. Your continued consent to receive messages and decision not to opt out indicates your acceptance of any such changes.

CHOICE OF LAW AND DISPUTE RESOLUTION

A. Informal Dispute Resolution

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

B. Choice of Law; Scope of Arbitration Agreement; How Arbitration Works

FLORIDA LAW GOVERNS THESE TERMS, AND ANY CONTROVERSY, DISPUTE, OR CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR BREACH THEREOF, SMS OR TEXT MESSAGES, PHONE CALLS, ADVERTISING, MARKETING, OR COMMUNICATIONS WITH, TO, OR FROM THE BUCCANEERS OR ANY RELATED ENTITY, OR ANY CONTEMPLATED OR ACTUAL PURCHASE OR SALE WITH OR FROM THE BUCCANEERS, INCLUDING, BUT NOT LIMITED TO, TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND, OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES, SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS WITH A SINGLE ARBITRATOR UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES THEN IN EFFECT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL ADHERE TO JAMS' MINIMUM STANDARDS FOR ARBITRATION PROCEDURES, REMAIN CONFIDENTIAL, AND BE HELD IN TAMPA, FLORIDA, UNLESS THE ARBITRATOR DETERMINES THAT A DIFFERENT LOCATION WOULD BETTER SERVE THE CONVENIENCE OF THE PARTIES OR UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE.

This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to a dispute, the parties agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the class action waiver or the mass arbitration; batching arbitration provisions below must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver or mass arbitration; batching arbitration provisions. Both you and we understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.

Because your contract with us, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules and Procedures, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, their or its own attorneys' fees and expenses, and we will not pay your attorneys' fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys' fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse us for all fees associated with the arbitration paid by us that you otherwise would have been obligated to pay under the JAMS Rules and Procedures. In determining whether an action is frivolous, the arbitrator may consider whether we have offered you a full refund of the sum you paid for items you purchased from us or have otherwise offered full relief to you in relation to your individual claim.

C. Exceptions

Notwithstanding the remainder of this binding arbitration agreement, you and we agree that the following types of disputes will be resolved in court, unless both you and we agree to submit the dispute to arbitration pursuant to this binding arbitration agreement:

(1) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

(3) Intellectual property disputes.

For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.

You and we also agree that for disputes where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and we will first submit the dispute for non-injunctive relief to arbitration pursuant to this binding arbitration agreement. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or we may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.

Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Tampa, Florida, and you and we each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and we agree that the dispute is subject to the class action waiver provision set forth below.

D. Class Action Waiver; Jury Trial Waiver

EACH PARTY WAIVES THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, OR ANY SIMILAR PROCEEDING WITH RESPECT TO ALL CONTEROVERSIES, DISPUTES, OR CLAIMS HEREUNDER.

You further agree that any CONTROVERSY, dispute, or claim will be resolved on an individual basis and not in a class, consolidated, or representative action. This means that you may not purport to act on behalf of a class or any other person, and vice versa. Likewise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

E. Mass Arbitration; Batching

Notwithstanding any provision to the contrary in the foregoing or in the applicable JAMS Rules and Procedures then in effect, and to the maximum extent permitted by applicable law, you and we agree that, in the event there are 25 or more individual arbitration demands relating to the same or similar facts and asserting the same or similar claims for relief, brought by claimants represented by the same counsel or counsel coordinating with one another (a "Mass Arbitration"), the following rules shall apply, and the JAMS Mass Arbitration Procedures and guidelines then in effect shall apply:

• JAMS shall administer the Mass Arbitration demands in batches of 75 demands per batch (or as close as possible to 75, where there are fewer than 75 demands to fill a particular batch or in the entire Mass Arbitration) pursuant to the JAMS Mass Arbitration Procedures and Guidelines then in effect.
• For each batch, JAMS shall appoint a single arbitrator and resolve the batch as a single consolidated arbitration, with one set of filing and administrative fees for the Mass Arbitration, and with arbitrator fees due per batch.
• Batches may be arbitrated concurrently. Arbitration awards in one batch shall have no precedential effect on subsequently administered batches.
• You and we shall cooperate with one another and with JAMS to implement this batch arbitration process in good faith, in the interests of minimizing the costs of arbitration.

Any challenge by a party to the applicability, validity, or enforceability of this mass arbitration; batching provision shall be decided only by a court of competent jurisdiction and not by an arbitrator. In the event that this mass arbitration; batching provision is found to be invalid or unenforceable, or in the event that JAMS declines to implement this mass arbitration; batching provision for any reason, the entire arbitration agreement shall be of no force and effect when and only when there are 25 or more individual arbitration demands relating to the same or similar facts and asserting the same or similar claims for relief, brought by claimants represented by the same counsel or counsel coordinating with one another. The class action waiver, however, will still apply to the maximum extent permitted by law.

F. Right to Opt-Out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions and/or the class action waiver set forth in these Terms by sending written notice of your decision to opt-out to:

Buccaneers Team LLC
AdventHealth Training Center

One Buccaneer Place

Tampa, Florida

Attn: Chief Legal Officer

The notice must be sent to the Buccaneers within 30 days of your agreeing to these Terms. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with the Buccaneers through arbitration and/or that you do not agree to the class action waiver. If you do not opt out, you shall be bound to arbitrate disputes on an individual basis in accordance with the provisions of the binding arbitration agreement and class action waiver set forth herein. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, the Buccaneers also will not be bound by them. If you agreed to previous and/or other arbitration agreement(s) with us and opt out of the agreement to arbitrate contained herein, you remain bound by those prior and/or other arbitration agreement(s) and must arbitrate any and all claims or disputes covered by those prior and/or other arbitration agreement(s), regardless of whether those claims or disputes arise after the date you execute these Terms.

G. Governing Law and Other Terms.

This binding arbitration agreement and class action waiver are governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this binding arbitration agreement and class action waiver, or to any disputes that are covered by this binding arbitration agreement and/or class action waiver, the law of the state of Florida will apply. Except as set forth above regarding the class action waiver provision or mass arbitration; batching provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions.

H. PRIVACY POLICY

By signing up for these communications, you consent to the processing of your information in accordance with the Buccaneers' privacy policy, which can be accessed at https://www.buccaneers.com/team/privacy-policy