MESSAGING TERMS AND CONDITIONS

Please read these Messaging Terms and Conditions carefully.

By enrolling, opting in, or otherwise agreeing to receive text messages from or on behalf of Fanatics Live, Inc. (“Fanatics Live”), you agree to these Messaging Terms and Conditions (“Messaging Terms”) as well as Fanatics Live’s Terms of Use and you further acknowledge that you have read Fanatics Live’s Privacy Policy.

PLEASE NOTE THAT THE FANATICS LIVE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND FANATICS LIVE BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. FOR MORE INFORMATION ABOUT FANATICS LIVE’S MANDATORY ARBITRATION PROVISION, PLEASE VISIT OUR TERMS OF USE.  

• Telephone Number, Duty to Notify, and Verification. You verify that the telephone number(s) provided to Fanatics Live are true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing us at support@fanatics.live. You may be asked to verify your telephone number(s) before messaging will start. This requires responding to a text alert sent to your phone confirming your enrollment. Opting in or enrolling does not guarantee that you will receive messages.

• Your Consent to Receive Automated Messages and Data Rates. By voluntarily providing your telephone number(s), you agree to receive recurring autodialed and/or prerecorded and marketing text messages (such as SMS, MMS, or successor protocols or technologies) from or on behalf of Fanatics Live, its affiliates, and service providers that may be sent using an automatic telephone dialing system, concerning Fanatics Live products, offers, promotions, and order status as well as your relationship with us. You understand that consent to receive text messages is not a condition of any purchase. Message and data rates may apply. Check your telephone plan and contact your carrier for details.

• Frequency. Message frequency will vary. Fanatics Live reserves the right to alter the frequency of text messages sent at any time, to increase or decrease the total number of sent text messages. Fanatics Live also reserves the right to change the short code or phone number from which text messages are sent. Fanatics Live further reserves the right to suspend or cancel its messaging program at any time, with or without notice to you.

• Eligibility. To be eligible to receive text messages from Fanatics Live, you must be eligible to use the Fanatics.Live platform which requires, among other things, that you be at least 18 years of age, and legally eligible to participate. Void where prohibited.  Please see our Terms of Use for more information about our eligibility requirements. Further, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

• Opt Out Instructions. Your consent to receive text messages from Fanatics Live is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message received from Fanatics.Live, or email support@fanatics.live and specify that you want to opt out of text messages. You may also text HELP or email us at support@fanatics.live2.25 for help. After you send a valid opt-out request (for example, by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT), you will receive one final confirmation message to verify that you have been unsubscribed. Following that confirmation, you will no longer receive text messages from Fanatics Live unless you later provide new consent.

• Indemnification to Fanatics Live. In addition to any other indemnifications you may have to Fanatics Live including, without limitation, pursuant to the Terms of Use, unless otherwise prohibited by applicable law, you agree to indemnify, defend and hold harmless the Fanatics Live Parties (as defined the Terms of Use) from and against any and all privacy, tort or other claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. This Section 6 excludes T-Mobile customers. This exclusion applies due to T-Mobile’s specific program requirements.

• Release of Claims. By agreeing to receive text messages from or on behalf of Fanatics Live, you agree to release the Fanatics Live Parties from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule and/or any state and local acts or statutes that may apply.

• Changes to these Messaging Terms. These Messaging Terms may change at any time. Fanatics Live will post the revision date with the revised Messaging Terms. The revised Messaging Terms will apply to you for any text messages you receive after the revision date, so please check back from time to time.