ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE SAN ANTONIO BOWL ASSOCIATION WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
By clicking “I accept”, you agree to be bound by these Terms. If you do not agree with any part of the Agreement, do not use these web pages. The San Antonio Bowl Association (“SABA”) reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by clicking “I accept” to the revisions, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
COMMUNICATIONS MADE THROUGH THE SAN ANTONIO BOWL ASSOCIATION’S WEB SITE SHALL IN NO
WAY BE DEEMED TO CONSTITUTE LEGAL OR OFFICIAL NOTICE TO THE SAN ANTONIO BOWL
ASSOCIATION (“SABA”), ITS AGENCIES, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS WITH
RESPECT TO ANY EXISTING, PENDING, OR FUTURE CLAIM OR CAUSE OF ACTION AGAINST THE SABA OR ANY OF ITS AGENCIES, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS WHERE NOTICE IS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW. NO COMMUNICATION TO THE SABA MADE THROUGH THIS WEB SITE SHALL BE DEEMED TO CONSTITUTE LEGAL OR OFFICIAL NOTICE FOR ANY PURPOSE.
Disclaimer of Warranties; THESE WEB PAGES, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW, SABA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE TO ANY OF THE MATERIALS PROVIDED ON THIS SITE. SABA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SABA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, OR THROUGH LINKS TO OTHER SITES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. USER (AND NOT THE SABA) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
CHANGES ARE MADE PERIODICALLY TO MANY SABA DOCUMENTS, AND THESE CHANGES MAY OR MAY NOT BE REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON THE SABA’S WEB SITE. ADDITIONALLY, BECAUSE THE SITE IS FREQUENTLY UNDER DEVELOPMENT, MATERIALS AND INFORMATION MAY BE DELETED, MODIFIED OR MOVED TO A DIFFERENT PART OF THE SITE WITHOUT ADVANCE NOTICE.
Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
DISCLAIMER OF LIABILITY
SABA SHALL NOT BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE MATERIALS OR INFORMATION CONTAINED ON THIS SITE AND ASSUMES NO RESPONSIBILITY FOR ANY USER’S USE OF THEM. IN NO EVENT SHALL THE SABA BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF USE, DATA, OR PROFITS) REGARDLESS OF CAUSE, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SITE OR THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Users are encouraged to consult with appropriate and accredited professional advisors for advice concerning specific matters before making any decision, and the SABA disclaims any responsibility for positions taken by individuals or corporations in their individual cases or for any misunderstanding and losses, directly or indirectly, on the part of the users.
Materials and information on the San Antonio Bowl Association’s Web site are provided as a public service and intended to afford general guidelines on matters of public interest. Accordingly, the information in this site is not intended to serve as legal, accounting or tax advice. The materials and information on this site may not be “mirrored” on another server without the written permission of the SABA.
BY ACCESSING THESE WEB PAGES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” WEBSITE AVAILABILITY
SABA strives to achieve reasonably uninterrupted operation of its website and online applications. However, from time to time, operation of the website and online applications may be interrupted by scheduled maintenance such as software updates. SABA DOES NOT WARRANT THE AVAILABILITY OF THIS WEBSITE OR ITS ONLINE APPLICATIONS AND DISCLAIMS ALL LIABILITY IN RESPECT TO LOSS OR DAMAGE INCURRED BY A USER THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM LOSS OF SERVICE, MALFUNCTION, OR FAILURE OF THE WEBSITE OR ANY ONLINE APPLICATION, OR ANY OTHER CAUSE CONNECTED WITH YOUR USE OF THE WEBSITE OR AN ONLINE APPLICATION.
Attempts to upload information or change information on the San Antonio Bowl Association Web site are strictly prohibited unless specifically authorized in writing by the SABA. This prohibition does not apply to a user’s submission of information via an on-line form created by the SABA for that purpose. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce these web pages to human perceivable form or create derivative works based upon these web pages or any part thereof; (b) disable any licensing or control features of these web pages; (c) “frame” these web pages or any portion thereof or otherwise cause these web pages or its contents to appear to be provided by anyone except SABA; (d) introduce into these web pages any virus or other code or routine intended to disrupt or damage these web pages, or alter, damage or delete any materials, or retrieve or record information about these web pages or its users; (e) merge these web pages or materials with another program or create derivative works based on these web pages or materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on these web pages or materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the materials or access to these web pages to others; (h) use, or allow the use of, these web pages or the materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using these web pages. Except as expressly provided herein, SABA and the third parties reserve all rights with respect to these web pages, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
PROHIBITION ON SCRIPTS, BOTS, THIRD PARTIES, ETC.
You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
PROHIBITION ON SCRAPING
You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
If you wish to make a purchase through this SABA website, the San Antonio Bowl Association Purchase Policy incorporated into these Terms, shall also apply.
ARBITRATION AND CLASS ACTION WAIVER.
Excluding claims for injunctive or other equitable relief, for claims related to the Site, including any goods or services purchased through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Houston, Texas or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to SABA. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to 100 Montana Street, San Antonio, Texas 78203 to the attention of General Counsel. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with SABA.
RESTRICTIONS ON USE OF MATERIALS
This site is operated and maintained by SABA Staff. Except as provided herein, no material or information from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed except as authorized in this notice, expressly authorized within this site, or approved in writing by the SABA.
If a copyright is indicated on a photo, graphic, or any other material, permission to copy these materials must be obtained from the original source.
Using or modifying this site’s materials and information for commercial or profit-making purposes is prohibited and may violate the copyrights and/or other proprietary rights of the SABA or third parties.
The SABA respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the SABA’s Designated Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number and email address; 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 A statement by you, made under the penalty of perjury under the laws of the State of Texas, that the above information in your Notice to the SABA is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This notice of claimed infringement of copyright DOES NOT constitute a waiver of the requirements of Texas Government.
The San Antonio Bowl Association’s Designated Agent for Notice of claims of copyright infringement on its Web site is the San Antonio Bowl Association Vice President, Operations who can be reached as follows:
Address and contact to:
San Antonio Bowl Association
Attn: Vice President, Operations
100 Montana Street
San Antonio, Texas 78203
This copyright notice does not pertain to information at Web sites other than the San Antonio Bowl Association’s Web site.
SABA’s trademarks, service marks, identification and artwork including, without limitation, its rights in the “San Antonio Bowl Association” AND “Alamo Bowl” mark (collectively, the “SABA Trademarks”) shall be and remain the property of SABA and its affiliates. Any and all rights under trademark or copyright law in the SABA Trademarks or other property rights therein or use thereof shall inure to the benefit of and be the exclusive property of SABA. No person or entity shall have any right to use the SABA Trademarks or other identification of SABA or its affiliates without SABA’s prior written consent. SABA has used and presently is using the SABA Trademarks in connection with the Alamo Bowl and a variety of services provided by SABA has used and presently is using the trademarks San Antonio Bowl Association, The SAN ANTONIO BOWL ASSOCIATION, The ALAMO BOWL GAME, among others, on or in connection with the events of the and a variety of products and services offered by and through the Association. Unless SABA otherwise agrees in writing, no person or entity shall use or license the trademarks, SAN ANTONIO BOWL ASSOCIATION, ALAMO BOWL GAME, or the SAN ANTONIO BOWL ASSOCIATION DESIGN, in connection with any goods or services including without limitation any merchandise or promotional material which is likely to create the impression that the San Antonio Bowl Association is affiliated with, has sponsored or has approved any team, activity, event, commercial product, service, advertiser or sponsor. No person shall have the right to use the name, trademarks, service marks, identification or artwork of any San Antonio Bowl Association event sponsor without the prior written consent of said sponsor.
THIRD PARTY MATERIALS
Some materials and information used on the San Antonio Bowl Association’s Web site were generated by third parties who have consented to the SABA’s use or placement of such materials on this site. These materials are owned by those parties. Use of these third-party materials for any purpose is prohibited. Persons seeking to use or modify third party materials for any purpose should contact the owner of such materials directly. These materials include icons and graphics used in links to other organizations’ sites, as well as various items of general content.
DISCLAIMER OF ENDORSEMENT
Reference in this site to any specific commercial product, process, or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the SABA. The views and opinions of the authors of documents published on the San Antonio Bowl Association’s Web site do not necessarily state or reflect the opinion of the SABA and shall not be used for advertising or product endorsement purposes.
DISCLAIMER FOR HYPERTEXT LINKS
The San Antonio Bowl Association’s Web site may contain hypertext links to other sites on the Internet. The SABA is not responsible for the content, quality, or accuracy of any off-site materials referenced or linked through the SABA’s Web site. By using the SABA’s Web site, the user acknowledges and accepts that the SABA is not responsible for any materials stored on other Internet sites, nor it is liable for any inaccurate, defamatory, offensive, or illegal materials found on other Internet sites, and that the risk of injury from viewing, hearing, downloading, or storing such materials rests entirely with the user.
Links from the SABA’s Web site to other sites on the Internet do not constitute an endorsement of the SABA. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content, quality, and accuracy of materials or information obtained from other sites.
To the extent permitted by applicable law, by using the San Antonio Bowl Association’s Web site, the user agrees to defend, indemnify, and hold harmless, the SABA, and its respective agencies, officers, employees, representatives, and agents, from and against all claims and expenses, including attorneys’ fees, arising out of the user’s use of this site or materials and information contained on this site.
If you have any questions, comments, or complaints regarding these Terms or the Site, please contact us at:
San Antonio Bowl Association
Attn: General Counsel
100 Montana Street
San Antonio, Texas 78203
Effective Date: June 23, 2021