Fan Check-In Terms of Use

starscheckin.com (“This Site”) is owned and operated by Phoneternet LLC DBA Fan Check-In (“Fan Check-In”). Fan Check-In and its subsidiaries and affiliates (“Fan Check-In,” “we,” “our,” or “us”) provide services that allow American Airlines Center to determine your eligibility for access to the interior of the American Airlines Center premises.

We offer This Site, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of all of these Terms of Use. Your continued use of This Site constitutes your agreement to these Terms of Use and governs your access and use of This Site. What does that mean? It means that by accessing and/or using This Site you agree to all the terms and conditions of these Terms of Use. As used in these Terms of Use, “you” means any visitor, user, or other person who accesses This Site, whether or not such person has enrolled in a Fan Check-In program. Unless otherwise agreed by Fan Check-In in a separate written agreement with you, This Site are made available solely for your personal, non-commercial use. If you do not agree to these Terms of Use, do not use This Site.

Use of Materials on This Site

All content on This Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Fan Check-In, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Unless indicated to the contrary, you may access, copy, download and print the materials contained on This Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of content on This Site, including but not limited to (1) the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from any Site, or (2) use of such items for purposes competitive to Fan Check-In, for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by Fan Check-In, is expressly prohibited. You agree to abide by all additional restrictions displayed on This Site as they may be updated from time to time. Fan Check-In reserves the right to refuse or cancel any person’s registration for This Site, if any, remove any person from this site and prohibit any person from using This Site for any reason whatsoever. Fan Check-In, or its licensors or content providers, retain full and complete title to This Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. Fan Check-In neither warrants nor represents that your use of This Site will not infringe rights of third parties not affiliated with Fan Check-In.

You may not use contact information provided on This Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of This Site or to surreptitiously intercept any system, data or personal information from This Site. You agree not to interrupt or attempt to interrupt the operation of This Site in any way. Fan Check-In reserves the right, in its sole discretion, to limit or terminate your access to or use of This Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Fan Check-In may be entitled, at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any code, content, information, data, videos, graphics, messages or other materials you may submit, upload, publish or display via This Site (“Your Content”), including the legality, reliability, appropriateness, originality and copyright of any such materials. You may not upload to This Site, or otherwise use, any of Your Content that: (1) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity; rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, color, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended not to complete or attempt to spoof any part of This Site. You may not upload commercial content onto This Site.

All personally identifiable information we collect through or in connection with This Site is subject to our Privacy Policy located at starscheckin.com/privacy-policy (the “Privacy Policy”). By submitting, uploading, publishing, displaying or otherwise providing Your Content to Fan Check-In, through any Sites or otherwise, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You represent and warrant that you own or otherwise control all the rights to Your Content; that Your Content is accurate; that use of Your Content by Fan Check-In does not violate any provision herein and will not cause injury to any person or entity.

Conduct on the Site

By registering at, and in consideration of your use of, This Site you agree to provide true, accurate, current and complete information about yourself.

You or third parties acting on your behalf are not allowed to frame This Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Fan Check-In’s express written consent. Further, you may not utilize any Sites content in any meta tags or any other “hidden text” techniques or technologies without Fan Check-In’s express written consent. You will not scrape any data or other content from This Site and will not otherwise engage in any data mining, robots or similar data gathering or extraction methods. If you are blocked by Fan Check-In from accessing This Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Communications

Fan Check-In may provide Users with the option to communicate with the Fan Check-In Member Services team via SMS messages. By voluntarily providing your mobile phone number to Fan Check-In and submitting a customer service inquiry, you agree that Fan Check-In may contact you by SMS or email, and you hereby consent to receiving such communications for transactional and informational purposes in response to customer service inquiries. You are responsible for any fees that your phone service provider charges for SMS, data services, etc.

Links

The Sites may contain links to other websites that are operated by third parties not affiliated with Fan Check-In. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Fan Check-In is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on This Site are registered and unregistered trademarks of Fan Check-In, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on This Site shall be construed as granting, by implication, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. Fan Check-In reserves all rights not expressly granted in and to This Site and its content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Disclaimers

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. FAN CHECK-IN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. FAN CHECK-IN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

THE LIABILITY TO YOU OF FAN CHECK-IN OR FAN CHECK-IN’S AFFILIATES, OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “FAN CHECK-IN GROUP”), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE BY THE FAN CHECK-IN GROUP OF THE PROGRAM AND ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU FOR EACH EVENT THAT IS THE SUBJECT MATTER OF A CLAIM OR CAUSE OF ACTION.

Indemnification and Release

You agree to indemnify and hold harmless the Fan Check-In Group on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Fan Check-In Group, and shall defend the Fan Check-In Group against (1) all claims that any information, data or other materials provided to us by you, or use thereof by any member of the Fan Check-In Group, infringes, misappropriates or otherwise violates any Intellectual Property right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of yourself or any Family Members; and (3) all claims otherwise arising due to a failure to comply or breach by you of these Terms.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fan Check-In, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), This Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Fan Check-In are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND FAN CHECK-IN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FAN CHECK-IN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Fan Check-In is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at userservices@fancheckin.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fan Check-In should be sent to Fan Check-In at 16990 Dallas Pkwy, Suite 200, Dallas TX 75248, Attn: Legal. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fan Check-In and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fan Check-In may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fan Check-In or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fan Check-In is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Fan Check-In will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fan Check-In will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Use will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Use to the contrary, Fan Check-In agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of This Site, you may reject any such change by sending Fan Check-In written notice within thirty (30) calendar days of the change to the Notice 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 Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Geography Limitations; Export; Government Restrictions

Fan Check-In’s Sites are based in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access This Site or certain portions thereof outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access This Site or services from outside the United States, you are responsible for compliance with local laws. Software available in connection with This Site and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from This Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of This Site, including as it concerns online conduct and acceptable content.

The Sites (to the extent constituting software) are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to any such Site as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Changes to These Terms of Use

Fan Check-In reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this site or This Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of This Site after any changes to the Terms of Use means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this website and the revised terms will take effect thirty days after their publication on This Site.

General

These Terms of Use and any policies or operating rules posted on This Site constitute the entire agreement and understanding between you and Fan Check-In with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may not assign these Terms of Use through operation of law or otherwise. These Terms of Use will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Fan Check-In agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas, TX. The failure of Fan Check-In to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or This Site, please contact us by:
Fan Check-In
16990 Dallas Pkwy, Suite 200
Dallas TX 75248
Email: userservices@fancheckin.com