Community Guidelines

Welcome to the Tailgate app community! Our platform is dedicated to bringing sports fans together to share their passion, experiences, and insights. These guidelines are here to ensure that every member of our community feels respected, included, and safe.

At Tailgate, we believe in the power of sports to unite people from all walks of life. Our community is built on the pillars of respect, diversity, and positive engagement. We’re committed to maintaining a welcoming and inclusive environment for all our users.

Your role in our community is crucial. By following these guidelines, you help create an enjoyable and safe space for all sports fans to connect and interact.

Core Principles

Respect for All: Every member of our community deserves respect. We encourage open, honest, and positive communication. Disrespectful behavior towards others, whether based on race, gender, sexual orientation, religion, or any other personal characteristic, has no place in our community.

Diversity and Inclusion: Our strength lies in our diversity. We celebrate and embrace the varied backgrounds, perspectives, and experiences of our users. Every fan’s voice is important in creating an inclusive community where everyone feels valued.

Positive Engagement: We encourage a spirit of positivity. Share your passion, support your teams, and engage with others in a manner that uplifts and encourages. Our community thrives on positive energy and camaraderie.

Safety and Comfort: Your safety is paramount. We’re dedicated to maintaining an environment where you feel secure and comfortable. Harassment, bullying, and threatening behavior are strictly prohibited and will be addressed promptly.

Authenticity and Honesty: Be true to yourself and others. Authenticity builds trust and creates genuine connections. We encourage honest discussions and sharing of opinions, while also expecting integrity in all interactions.

Acceptable Behavior

Constructive Interaction: Engage in discussions that are respectful, informative, and constructive. Share your knowledge, experiences, and enthusiasm in a way that benefits others.

Support and Positivity: Be a source of support and positivity. Celebrate wins, offer consolation in losses, and encourage sportsmanship.

Relevant Sharing: Feel free to share sports-related content, including news, analyses, and personal stories, as long as they adhere to our guidelines and respect others’ viewpoints.

Community Building: Actively participate in building a welcoming environment. Invite new perspectives, engage in friendly debates, and help others feel at home in our community.

Remember, while we all love to win and support our teams passionately, it’s important to uplift rather than tear down. Let’s celebrate the spirit of the game together, respecting each other’s passion and dedication.

Unacceptable Behavior

Harassment and Bullying: Any form of harassment, bullying, or intimidation is strictly forbidden. This includes personal attacks, threats, and derogatory remarks.

Hate Speech and Discrimination: Speech that promotes hatred, discrimination, or violence against individuals or groups based on attributes such as race, religion, gender, or sexual orientation is prohibited.

Spam and Self-Promotion: Spamming the community with irrelevant links, repetitive posts, or excessive self-promotion detracts from meaningful interactions.

Misinformation and Falsehoods: Deliberately spreading misinformation or engaging in deceitful practices undermines the trust and authenticity of our community.

Inappropriate Content: Posting or sharing offensive, explicit, or violent content is not allowed and will be removed.

In the heat of competition, it’s easy to get carried away, but this is no excuse for negative behavior. Always consider the impact of your words and actions on others.

We’re all here to enjoy the world of sports, so let’s do so with kindness and respect.

Reporting & Enforcement

Reporting Mechanism: If you encounter any behavior or content that violates our community guidelines, we encourage you to report it immediately to nick.burnett@tailgate.fan. This allows us to review the issue quickly and take appropriate action. When reporting, please provide as much detail as possible to help us understand the context and nature of the issue.

Review Process: Our team will review reported content and behavior promptly and impartially. We’re committed to fair and transparent decision-making based on the guidelines laid out.

Consequences for Violations: Depending on the severity and nature of the violation, actions may include a warning, temporary suspension, or permanent ban from the app. We reserve the right to remove any content that violates our guidelines.

Appeals Process: If you feel that a decision made regarding your content or behavior was unjust, you can appeal the decision by contacting us at nick.burnett@tailgate.fan. We promise to review each appeal carefully and consider all evidence provided.

Ongoing Monitoring: We continuously monitor the app environment to ensure a safe and positive experience for all users. We may update these guidelines and our enforcement policies as necessary to reflect the evolving nature of our community.

Conclusion

Our shared passion for sports brings us together, but it’s our respect for each other that makes this community great. Remember, winning is more than just the score at the end of the game – it’s about how we enjoy the game together, both on and off the field.

Terms & Conditions

Introduction

By accessing or using Tailgate's Services, you agree to be bound by this Terms of Use

Agreement (the “Terms” or “Agreement”), including our Privacy Policy (LINK), Cookie Policy

(LINK), Community Guidelines (LINK) and Safety Tips (LINK), so it is important that you read this

Agreement and these policies and procedures carefully before you create an account. 

Tailgate

Welcome to Tailgate! We want you to know and understand your rights and our rights relating

to the provision of the Services (as defined below). Please review them carefully and read the

full policy below:

 We respect your privacy. See how we collect, use, share, and protect your personal

information in our Privacy Policy (LINK).

 You must be at least 21 years old.

 You can cancel your subscription or delete your account at any time (LINK).

 You own your content, but give us a right to use it (LINK).

 You must comply with our Acceptable Use Policy (LINK) and we can disable access to

your account or content if you act in violation of our rules (LINK).

 Tailgate is not liable for your activities and no warranties are made by Tailgate (LINK)

 We can suspend or terminate your account if you violate our Terms (LINK).

 You agree to arbitrate if there is a dispute between us (LINK).

 Tailgate, LLC provides the Services described below

Tailgate reserves the right to modify our Terms of Use Agreement and Privacy Policy at any

time.

Account Eligibility; Your Responsibilities

Before you create an account on Tailgate, make sure you are eligible to use our Services. This

Section details what you can and cannot do when using the Services, as well as the rights you

grant Tailgate.

You are not authorized to create an account or use the Services unless all of the following are

true, and by using our Services, you represent and warrant that:

1. You are an individual (i.e., not a body, corporate, partnership or other business entity) at

least 21 years old;

2. You are legally qualified to enter a binding contract with Tailgate;

3. You are not located in a country that is subject to a U.S. Government embargo, or that

has been designated by the U.S. Government as a "terrorist supporting" country;

4. You are not on any list of individuals prohibited from conducting business with the

United States (for example, the U.S. Treasury Department’s list of Specially Designated

Nationals or any similar government agency list) nor do you face any other similar

prohibition);

5. You are not prohibited by law from using our Services;

6. You have not committed, been convicted of, or pled no contest to a felony or indictable

offense (or crime of similar severity), a sex crime, or any crime involving violence or a

threat of violence, unless you have received clemency for a non-violent crime and we

have determined that you are not likely to pose a threat to other users of our Services;

7. You are not required to register as a sex offender with any state, federal or local sex

offender registry;

8. You do not have more than one account on our Services; and

9. You have not previously been removed from our Services or our affiliates’ services by us

or our affiliates, unless you have our express written permission to create a new

account.

If at any time you cease to meet these requirements, all authorization to access our Services or

systems is automatically revoked, and you must immediately delete your account, and we

retain the right to remove your access to our Services without warning.

You agree to:

1. Comply with these Terms, and check this page from time to time to ensure you are

aware of any changes;

2. Comply with all applicable laws, including without limitation, privacy laws, intellectual

property laws, anti-spam laws, and regulatory requirements;

3. Use the latest version of the Website and/or App;

4. Review the Safety Tips (LINK)

5. Review and comply with the Community Guidelines (LINK) as updated from time to

time; and

6. Take reasonable measures to protect the security of your login information.

You agree that you will not:

1. Misrepresent your identity, age, or affiliations with a person or entity;

2. Use the Services in a way that damages the Services or prevents their use by other

users;

3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the

servers, or our Services' networks;

4. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited

to, using any Virtual Items for purposes of money laundering or other financial crimes;

5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause

psychological harm;

6. Post or share Prohibited Content (see below);

7. Solicit passwords for any purpose, or personal identifying information for commercial or

unlawful purposes from other users or disseminate another person's personal

information without his or her permission;

8. Solicit money or other items of value from another user, whether as a gift, loan, or form

of compensation;

9. Use another user's account;

10. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;

11. Use our Services in relation to any political campaign financing or for the purpose of

influencing any election, other than sharing your own personal political opinions.

12. Violate the terms of the license granted to you by Tailgate;

13. Disclose private or proprietary information that you do not have the right to disclose;

14. Copy, modify, transmit, distribute, or create any derivative works from, any Member

Content or Our Content, or any copyrighted material, images, trademarks, trade names,

service marks, or other intellectual property, content or proprietary information

accessible through our Services without Tailgate's prior written consent;

15. Express or imply that any statements you make are endorsed by Tailgate;

16. Use any robot, crawler, site search/retrieval application, proxy or other manual or

automatic device, method or process to access, retrieve, index, "data mine," or in any

way reproduce or circumvent the navigational structure or presentation of our Services

or its contents;

17. Upload viruses or other malicious code or otherwise compromise the security of our

Services;

18. Forge headers or otherwise manipulate identifiers to disguise the origin of any

information transmitted to or through our Services;

19. "Frame" or "mirror" any part of our Services without Tailgate's prior written

authorization;

20. Use meta tags or code or other devices containing any reference to Tailgate or the

platform (or any trademark, trade name, service mark, logo or slogan of Tailgate) to

direct any person to any other website for any purpose;

21. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or

otherwise disassemble any portion of our Services, or cause others to do so;

22. Use or develop any third-party applications that interact with our Services or Member

Content or information without our written consent, including but not limited to

artificial intelligence or machine learning systems;

23. Use, access, or publish the Tailgate application programming interface without our

written consent;

24. Probe, scan or test the vulnerability of our Services or any system or network;

25. Encourage, promote, or agree to engage in any activity that violates these Terms;

26. Create a new account after we suspend or terminate your account, unless you receive

our express permission; or

27. Submit a report about a member’s behavior or content that is false, misleading, or

otherwise manifestly unfounded, or abuse any Tailgate reporting or appeals request

system made available.

The license granted to you under these Terms and any authorization to access the Services is

automatically revoked in the event that you do any of the above.

Prohibited Content - Tailgate prohibits uploading or sharing content that:

1. Could reasonably be deemed to be offensive or to harass, abuse or cause psychological

distress to another person;

2. Is obscene, pornographic, violent or contains nudity;

3. Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism,

hatred or bigotry;

4. Encourages or facilitates any illegal activity including, without limitation, terrorism,

inciting racial hatred or the submission of which in itself constitutes committing a

criminal offense, encourages or facilitates any activity that may result in harm to the

user or another person, including, but not limited to, promotion of self-harm, eating

disorders, dangerous challenges, violent extremism,

5. Is defamatory, libelous, or untrue;

6. Relates to commercial activities (including, without limitation, sales, competitions,

promotions, and advertising, solicitation for services, sex work, links to other websites

or premium line telephone numbers);

7. Involves or facilitates the transmission of spam;

8. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious

code designed to interrupt, damage or limit the functionality of or disrupt any software,

hardware, telecommunications, networks, servers or other equipment, Trojan horse or

any other material designed to damage, interfere with, wrongly intercept or expropriate

any data or personal information whether from Tailgate or otherwise;

9. Infringes upon any third party's rights (including, without limitation, intellectual

property rights and privacy rights);

10. Was not written by you, unless expressly authorized by Tailgate;

11. Includes the image or likeness of another person without that person's consent (or in

the case of a minor, the minor's parent or guardian);

12. Includes an image or likeness of a minor who is unaccompanied by the minor's parent or

guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual

activity;

13. Is inconsistent with the intended use of the Services; or

14. May harm the reputation of Tailgate or its affiliates, meaning the uploading or sharing of

content on the Tailgate platform that is defamatory to Tailgate or its affiliates or

advocates misuse of the Service or any service provided by Tailgate’s affiliates.

15. The uploading or sharing of content that violates these Terms ("Prohibited Content")

may result in the immediate suspension or termination of your account.

Terms of Service

The Tailgate website, related mobile application and services (collectively, the “Services”) are

made available to you subject to these Terms of Service (the “Terms”), which includes

the Acceptable Use Policy (LINK), and in accordance with Tailgate's Privacy Policy (LINK) (the

“Privacy Policy”). The Services are provided to you by Tailgate, LLC. and throughout these Terms

“Tailgate” or “we” refers to the relevant service provider providing the Services to you. You

agree to comply with these Terms and any supplemental terms which Tailgate makes available

to you on the Services, which shall form part of the Terms. Tailgate reserves the right to review

accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING,

USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM

THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT,

CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF

YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement

was written in English. To the extent a translated version of the Terms conflict with the English

version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you

have authority to bind such entity and its affiliates to these Terms and that it is fully binding on

them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have

authority, you may not access or use the Services. These Terms contain disclaimers of

warranties and limitations on liability that may be applicable to you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how

disputes between you and Tailgate are resolved, including an agreement to arbitrate, which

will require you to submit claims you have against us to binding and final arbitration and limit

you to claims against Tailgate on an individual basis, unless you opt-out in accordance with

the instructions below.

Registration and Accounts

The Services are intended solely for persons who are at least 21 years old. If you are under the

legal age to form a legally binding contract, you represent that your parent or legal guardian

has reviewed and agreed to these Terms on your behalf.

If you are a parent or legal guardian of a Tailgate user under the legal age to form a binding

contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such

user, including any breach of these Terms. Notwithstanding, Tailgate reserves the right to

refuse access to the Services by users under the legal age, in our sole discretion.

To use the Services, you must register. In doing so, you agree to: (a) provide true, accurate,

current and complete information about yourself (“User Data”) and (b) maintain and promptly

update the User Data. You agree that Tailgate may use your User Data to provide Services that

you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also

agree to create only one account for your own personal use and not share your account or

Tailgate subscription with others. You agree that all activities associated with your account on

the Services reflect authentic activities undertaken by you. If you provide any User Data that is

inaccurate or not current, you have created multiple accounts, or Tailgate has reasonable

grounds to suspect that such User Data is inaccurate or not current, Tailgate has the right to

suspend or terminate your account and refuse current or future use of the Services. In

consideration of your use of the Services, you represent that you are not a person barred from

receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with

your account and for restricting access to your password, your computer and mobile device

while logged into the Services. You accept responsibility for all activities that occur under your

account or from your computer and mobile devices. You agree to immediately notify Tailgate of

any unauthorized use of your account or password, or any other breach of security, and confirm

that you understand all risks of unauthorized access to User Data and any other information or

content you provide to Tailgate. The use of unique and complex passwords is highly

recommended for security reasons.

You may register for, or log-in to your account, via a third-party network, such as Facebook,

Google, or Apple. If you do so, you will authorize Tailgate to pre-populate the registration and

other relevant information fields of your account and/or to use such third-party credentials to

log you into your account, based on those companies’ privacy policies. If you connect your

account to a third-party network, you agree to comply with the terms and conditions and

policies applicable to such third party.

By virtue of certain of the Services connecting to third-party APIs, you hereby agree to be

bound by those providers’ terms of service and privacy policies in connection with your use of

such Services.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment

method (e.g., credit card, online payment service, a third-party platform, like Apple App Store

or Google Play, or any other payment method made available by Tailgate) (the “Payment

Method”). If you provide your payment information, you authorize us and certain third-party

service providers, payment card networks and payment processors to receive, store, and

encrypt your payment information. You may switch to a different Payment Method or update

your information by visiting https://www.tailgate.com [LINK]. If you paid through the Google

Play or Apple App Store, you may change your Payment Method through the corresponding

store account. No refunds or credits will be provided by Tailgate, other than as set forth in

these Terms. If your payment provider determines that there are fraudulent charges on your

account resulting from use of your Payment Method at the Services, please contact us

immediately.

Fees

In order to access certain functionality of the Services, you may be required to pay subscription

fees [LINK]. Subscription fees, along with any required taxes, are payable in advance. Changes

in rates will take effect at the beginning of the next billing date. You agree to pay the

subscription fees, and other charges you incur in connection with your Tailgate account,

whether on a one-time or subscription basis. Tailgate reserves the right to increase subscription

fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as

applicable. These fees will auto-renew until your subscription is downgraded or terminated.

Your subscription fee will be the same as your initial charges unless you are otherwise notified

in advance. You may cancel your subscription at any time, as described below.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a

full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not

logged in or otherwise redeemed or started to use the Services as a subscriber during the

Cooling-off Period.

Cancellation

Cancellation of Subscription

If you signed up on Tailgate.com, you may cancel your subscription by visiting your “My

Account” page and selecting “Cancel Subscription.” If you signed up through the Google Play or

Apple App Store, you may cancel your subscription through the corresponding store. The

cancellation of a subscription will go into effect at the end of your current billing cycle. When

your subscription ends, your account will remain and become a free subscription. You can

renew your subscription at any time without opening a new account, although the subscription

fees may have increased. You can delete your account [LINK] at any time.

Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last

for the period of time specified when you signed up. Free trials may not be combined with

certain other offers, unless otherwise specified. If you begin your subscription with a free trial,

we will begin billing your Payment Method for subscription fees at the end of the free trial

period of your subscription unless you cancel your subscription prior to the end of the free trial

period. Your Payment Method will be authorized for up to approximately one month of service

as soon as you register for a free trial. In some instances, your available balance or credit limit

may be reduced to reflect the authorization; however, no charges will be made against the

Payment Method if you cancel prior to the end of your free trial period. You may cancel your

subscription at any time by going to your account settings [LINK].

Beta Features

Tailgate may make certain features available to you as part of a beta release, early access

program, or similar opportunity to test or use product functionality ("Beta features"). Beta

features may not be supported and may require you to update your version of the Services. Use

of Beta features is at your own risk and you understand that they may contain errors, design

flaws or other problems. The Your Feedback section of this policy applies to any feedback you

provide related to Beta features. Beta features may be changed or deprecated, and we may

remove access at any time without notice.

Ownership of and Use of Content

You own, or otherwise have the right to grant the rights and licenses set forth in these Terms,

the information, data, text, software, sound, photographs, graphics, video, messages, posts,

tags, or other materials you make available in connection with the Services (“Content”),

whether publicly posted, privately transmitted, or submitted through a third-party API. Public

segments and routes created by using the Services are not considered Content. You grant us a

non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce,

modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and

display any Content and any name, username or likeness that you post on or in connection with

the Services in all media formats and channels now known or later developed without

compensation to you. This license ends when you delete your Content or your account.

You agree that Tailgate is not responsible for, and does not endorse, Content posted on the

Services. If your Content violates these Terms or is otherwise illegal or contrary to applicable

law, you may bear legal responsibility for that Content. As between you and Tailgate, any

Content will be non-confidential and non-proprietary and we will not be liable for any use or

disclosure of Content. You acknowledge and agree that your relationship with Tailgate is not a

confidential, fiduciary, or other type of special relationship, and that your decision to submit

any Content does not place Tailgate in a position that is any different from the position held by

members of the general public, including with regard to your Content. Your Content will not be

subject to any obligation of confidence on the part of Tailgate other than as set forth in

our Privacy Policy [LINK] and your privacy controls [LINK], and Tailgate will not be liable for any

use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the

Services as private, public, or available only to select users of the Services. Tailgate will maintain

the privacy of such Content in accordance with your elections. However, if you do not elect to

mark your Content as private or available for a limited group of users, or later change such

designation to allow such Content to be made available to anyone, you are responsible for the

public nature of the content. Please review our Privacy Policy [LINK] for more information on

how to manage your privacy controls.

You give us permission to use your profile name, profile photo, and information about your

activities and actions you have taken, including your use of third-party products, services, or

devices, in ads, offers and other commercial contexts on the Services without compensation to

you. For example, we may show your Tailgate followers that you use a certain device, product,

or service available from a third-party that has paid us to display its ads on Tailgate. You

may adjust settings to prevent your profile name and profile photo from appearing in an ad.

As noted in our Privacy Policy [LINK], we may suggest segments, routes, challenges, or clubs on

Tailgate that may interest you, users that you may want to follow, or new features that you

may want to try. We also use algorithmic ranking to determine what type of content to show in

your feed. The main parameters for these recommendations can include your favorite teams,

user engagement with the content type (e.g., impressions, clicks), activity features, app usage

(e.g. Tailgates joined or attended), and basic demographic information (age, gender, tenure),

and location information where relevant to the recommendation (e.g., for Tailgate

recommendations), as well as your network (someone you follow joined this Tailgate).For

example, we may recommend Tailgates to you based on similar Tailgates you have viewed or

clicked on, as well as past Tailgates you have joined, and Tailgates people you follow have

joined.

In addition, depending on your settings, we use algorithmic ranking to determine the order of

activities that appear in your feed. You can use your Display Preferences to choose whether to

order the activities in your Feed to be "Personalized" (a blend of new Tailgates, the kinds of

Tailgates you tend to interact with) or by "Latest Activities" (chronologically, by when new

Tailgates are finished).

The Services are for your personal and noncommercial use. You may not modify, copy,

distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,

transfer or sell for any commercial purposes any portion of the Services, use of the Services or

access to Content.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-

commercial use only, provided such link does not portray Tailgate or any of its products or

services in a false, misleading, derogatory or otherwise defamatory manner, and provided

further that the linking site does not contain any pornographic, illegal, offensive, harassing or

otherwise objectionable material. You are further granted a right to implement any RSS feeds

located on the Services for your personal, non-commercial use, solely as described on the

Services. We reserve the right to revoke these licenses generally, or your right to use specific

links or RSS feeds, at any time, with or without cause.

You represent and warrant that: (i) you are authorized to create your account, whether

individually or on behalf of an organization; (ii) you own the Content posted by you on or

through the Services or otherwise have the right to grant the rights and licenses set forth in

these Terms; (iii) the posting and use of your Content on or through the Services does not and

will not violate, misappropriate or infringe on the rights of any third party, including, without

limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or

other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other

monies owed by reason of Content you post on or through the Services.

Content and Conduct Restrictions

Tailgate’s Acceptable Use Policy [LINK] describes restrictions on content and conduct and is

incorporated by reference into these Terms. You agree to comply with this policy.

You understand that you, and not Tailgate, are entirely responsible for all Content that you

upload, post, email, transmit or otherwise make available via the Services. Tailgate may, in

accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content

that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the

accuracy, integrity or quality of such Content.

You understand that by using the Services, you may be exposed to Content that is offensive,

indecent, objectionable or illegal. You agree to bear all risks associated with the use of any

Content available in connection with the Services, including any reliance on the accuracy,

completeness, or usefulness of such Content.

If you believe Content posted to the Services violates our standards or these Terms,

please report it to us. For more information on the action we may take against Tailgate

accounts that are found to be in violation of these Terms and our standards, and what to do if

you believe action has been taken in error, please see here [LINK].

Interactions with Tailgate Users

The Services function as a venue to connect Tailgate users. As a neutral facilitator, Tailgate is

not directly involved in the actual interactions between users using the Services. As a result,

Tailgate has no control over the truth, accuracy, quality, legality, or safety of postings made by

users using the Services. Tailgate shall have no responsibility to confirm the identity of users.

Tailgate shall also have no responsibility to confirm or verify the qualifications, background, or

abilities of users using the Services. You shall at all time exercise common sense and good

judgment when dealing with any user using the Services.

If you elect to use our features to inform your contacts about the Services, or share your

information with others, Tailgate may require you to provide contact information. Tailgate may

use the contact information you provide to send emails or text messages. You represent that

you are authorized to provide any third party contact information that you provide to Tailgate,

that you are authorized to use such information to contact (including for Tailgate to contact on

your behalf) the third party and that Tailgate may process such information pursuant to

the Privacy Policy [LINK].

Clubs

Tailgate creates and administers certain clubs, as well as the club verification program. Tailgate

may choose to verify certain clubs and place a badge on their profile page if they meet the

requirements for a Verified Badge for Clubs. We reserve the right to revoke or transfer

ownership of clubs, remove content, remove a club's verified status and badge, and remove a

club at any time. If you request a transfer of ownership of a club, Tailgate may require you to

provide certain documentation.

If you create a club on Tailgate, you are responsible for ensuring that your club: (a) abides by

these Terms of Service, Acceptable Use Policy [LINK] and our Community Standards [LINK]; (b)

does not claim, suggest an affiliation with, or impersonate Tailgate whether by using Tailgate's

intellectual property or otherwise; (c) has the right to use or post all club content, third party or

otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service

marks, copyrights, or other intellectual property; and (d) does not, in Tailgate's sole discretion,

use the club to inappropriately advertise or promote any contests, sweepstakes, or other

promotions. Club administrators hereby agree to indemnify and hold Tailgate harmless from

any and all claims arising out of your club, including but not limited to claims of intellectual

property infringement.

Third Parties

Third party products and services made available on the Services are made and offered directly

by the applicable third party. When you pursue or purchase any such product or service, you

acknowledge that you are contracting directly with such third party and not with Tailgate. Your

interaction with, or participation in promotions of, third parties found on or through the

Services, including payment and delivery of goods or services, and any other terms, are solely

between you and such third party. You are not obligated to use or transact business with any

third party that appears on the Services. YOU AGREE THAT TAILGATE SHALL NOT BE LIABLE FOR

ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR

DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE

SERVICES.

Tailgate or third parties may provide links to other internet sites or resources through the

Services. Tailgate does not endorse and is not responsible or liable for any content, information,

advertising, products or other materials on or available from such sites or resources. You

acknowledge and agree that Tailgate is not responsible for the availability of such external sites

or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages or send

communications to third party service providers, advertisers, your personal contacts, other

users and/or Tailgate. You agree to use communication methods available on the Services only

to send communications and materials related to the subject matter for which Tailgate

provided the communication method, and you further agree that all such communications by

you shall be deemed your Content and shall be subject to and governed by the Terms and

applicable law (including laws regulating direct marketing communications with which you will

need to comply with, as applicable). By using communications methods available on the

Services, you agree that (a) depending on your account settings and method of communication,

communications methods used by you may constitute public, and not private, means of

communication between you and the other party or parties, (b) communications sent to or

received from third party service providers, advertisers or other third parties are not endorsed,

sponsored or approved by Tailgate (unless expressly stated otherwise by Tailgate) and (c)

Tailgate may pre-review, post-review, screen, archive, or otherwise monitor communications in

accordance with and to the extent permitted by law. You agree that all notices, disclosures and

other communications that we provide to you electronically shall satisfy any legal requirement

that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with

the Services (if any), any aggregated data based on Content on the Services, and any Content

available or made available on the Services contain proprietary and confidential information

that is protected by applicable intellectual property and other laws. Except as expressly

permitted by applicable law or authorized by Tailgate or applicable third party service providers

or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative

works based on the Services, the software or Content available on the Services (other than

Content that you may submit), in whole or in part.

Tailgate grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-

exclusive right and license to access and use the Services; provided that you do not (and do not

allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse

assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a

security interest in or otherwise transfer any right in the Services, except where permitted by

law. You agree not to access the Services by any means other than through the interfaces that

are provided by Tailgate.

The term TAILGATE, the Tailgate logo, the look and feel of the Services, and all other Tailgate

logos and product and service names are the exclusive trademarks of, and are owned by,

Tailgate, LLC, and you may not use or display such trademarks in any manner without Tailgate’s

prior written permission. Any third-party trademarks, service marks, product names, company

names, or logos displayed on the Services are the property of their respective owners.

Reference to any products, services, processes or other information by name, trademark,

manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or

recommendation by Tailgate.

Tailgate reserves all rights not expressly granted hereunder.

Claims of Infringement

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who

believe that material appearing on the internet infringes their rights under U.S. copyright law.

Tailgate also reviews claims of trademark infringement. If you believe in good faith that

materials hosted by Tailgate infringe your copyright or trademark rights, you (or your agent)

may send us a notice requesting that the material be removed, or access to it blocked. The

notice must include the following information: (a) a physical or electronic signature of a person

authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b)

identification of the copyrighted work or trademark claimed to have been infringed (or, if

multiple copyrighted works or trademarks located on the Services are covered by a single

notification, a representative list of such works); (c) identification of the material that is claimed

to be infringing or the subject of infringing activity, and information reasonably sufficient to

allow Tailgate to locate the material on the Services; (d) the name, address, telephone number,

and e-mail address (if available) of the complaining party; (e) a statement that the complaining

party has a good-faith belief that use of the material in the manner complained of is not

authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that

the information in the notification is accurate and, under penalty of perjury, that the

complaining party is authorized to act on behalf of the owner of an exclusive right that is

allegedly infringed. Please be advised that Tailgate will not respond to complaints that do not

meet these requirements. We may share your information with third parties when we forward

DMCA compliant notifications, which will be forwarded as submitted to us without any

deletions. If Tailgate determines that the materials alleged to infringe your copyright or

trademark rights do not require removal, Tailgate will remove those materials only pursuant to

a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed

against you, the DMCA permits you to send us a counter-notice. Counter-notices must include

the following information: (a) your name, address, and telephone number; (b) the source of the

content that was removed; (c) a statement under penalty of perjury that you have a good-faith

belief that the content was removed in error; (d) a statement that you consent to the

jurisdiction of Federal District Court for the judicial district in which your address is located; or,

if your address is outside of the United States, for any judicial district in which Tailgate may be

found, and that you will accept service of process from the person who provided the original

complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory

requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and

should be sent to the agent identified below. We suggest that you consult your legal advisor

before filing a notice or counter-notice. Also, be aware that there may be penalties for false

claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

Tailgate, LLC

400 West Elm Street #215

Conshohocken, PA 19428

nick.burnett@tailgate.fan

484-266-9279

Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or

creative materials, and other communications regarding the Services and the information and

services we make available through the Services (collectively, “Feedback”). If you provide

Feedback, you hereby grant to Tailgate a worldwide, non-exclusive, transferable, assignable,

sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative

works of, publicly display and perform and otherwise exploit such Feedback and to use, make,

have made, sell, offer for sale, import and export products and services based on such

Feedback. For this reason, do not send Tailgate any Feedback that you do not wish to license to

us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. TAILGATE AND ITS

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY

DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND

CONDITIONS OF MERCHANTABILITY, TITLE AND NONINFRINGEMENT. TAILGATE AND ITS

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE

NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT

WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-

FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE

ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR

OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR

EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT

RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME

ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN

WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF TAILGATE OR BY THE ACTION,

INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT TAILGATE DOES NOT ASSUME RESPONSIBILITY FOR THE

INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY TAILGATE, EVENT, MEET-UP

OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A

CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE TAILGATE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,

REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM

ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE TAILGATE

WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO

SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES

ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED

PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY

CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH

THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c)

ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE

SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF

TAILGATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR

LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN

ENTERING INTO THIS RELEASE WHICH IS NOT RELEVANT WHERE YOU LIVE IN THE EU/EEA, 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, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE

DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

TAILGATE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND

SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR

ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR

OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED

UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL

NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES

PAID BY YOU TO TAILGATE IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF

WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS,

OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold Tailgate and its subsidiaries, affiliates, directors, officers,

agents, representatives, employees, partners and licensors harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third party due to or arising out of Content

you submit, post, transmit or otherwise seek to make available through the Services, your use

of the Services, your Tailgates and activities which generate the Content you post or seek to

post on the Services, your connection to the Services, your violation of the Terms, your

violation of any data protection or privacy laws, or your violation of any rights of another

person or entity. Your rights with respect to Tailgate are not modified by the foregoing

indemnification if the laws of your country of residence, applicable as a result of your use of our

Services, do not permit it.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific

consumer rights notice: If you have a complaint regarding the Services that you think we have

not adequately resolve, the Complaint Assistance Unit of the Division of Consumer Services of

the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market

Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

The sections below concerning arbitration, class-action waiver, exception, third day right to opt

out and time limitation of claims do not apply to users who live in the European Union.

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement

directly through good-faith negotiations, which shall be a precondition to either party initiating

a lawsuit or arbitration. Except for disputes relating to the Tailgate’s intellectual property (such

as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt

out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and

your use of the Services shall be finally settled by binding arbitration administered by JAMS in

accordance with its provisions and procedures for consumer-related disputes, excluding any

rules or procedures governing or permitting class actions. The arbitrator, and not any court or

agency, shall have exclusive authority to resolve all disputes arising out of or relating to this

Agreement, including, but not limited to, any claim that all or any part of this Agreement is void

or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a

court; provided, however, that the arbitrator will not have authority to award damages,

remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding

on the parties and may be entered as a judgment in any court of competent jurisdiction. To the

extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Tailgate will pay the

additional cost. You and Tailgate hereby expressly waive trial by jury. You also agree not to

participate in claims brought in a private attorney general or representative capacity, or

consolidated claims involving another person’s account, if Tailgate is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue

in court and have a jury trial. They further understand that, in some instances, the costs of

arbitration could exceed the costs of litigation and that the right to discovery may be more

limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities

only, and not as a class action or other representative action. If any court or arbitrator

determines that the class-action waiver set forth in this section is void or unenforceable for any

reason, or that an arbitration can proceed on a class basis, then the arbitration provision set

forth above shall be deemed null and void in its entirety and the parties shall be deemed to

have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party

may also seek relief in a small claims court for disputes or claims within the scope of that

court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver

provisions set forth in this section by sending written notice of your decision to opt out to the

following address: Tailgate, LLC, 400 West Elm Street #215, Conshohocken, PA 19428, USA.

The notice must be sent within 30 days of registering to use the Services; otherwise, you shall

be bound to arbitrate disputes in accordance with these Terms. If you opt out of these

arbitration provisions, Tailgate also will not be bound by them. In addition, if you elect to opt

out of these arbitration provisions, Tailgate may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with

Tailgate and these Terms must be filed within one year after such claim arose; otherwise, your

claim is permanently barred.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with Tailgate shall

be governed by, and construed and interpreted in accordance with, the laws of the State of

California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE

GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL

SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute

Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in

the federal or state courts embracing San Francisco, California and you consent to the exclusive

jurisdiction of the federal or state courts embracing San Francisco, California. If any party

hereto brings any suit or action against another for relief, declaratory or otherwise, arising out

of these Terms, the prevailing party will have and recover against the other party, in addition to

all court costs and disbursements, such sum as the court may adjudge to be reasonable

attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any

claim or cause of action arising out of or related to use of the Services or the Terms must be

filed within one (1) year after such claim or cause of action arose or be forever barred. This

paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the

Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms.

Despite this, your local laws in your European Union Member State may allow you to take legal

action against Tailgate in your Member State and to invoke certain local laws against Tailgate.

Operation of the Services

The Services are provided by Tailgate, LLC. from its offices within the United States of America,

Tailgate, LLC

400 West Elm Street #215

Conshohocken, PA 19428

Tailgate makes no representation that the Content or the Services are appropriate or available

for use in other locations. Access to or use of the Content or the Services from territories where

such access or use is illegal is prohibited. Those who choose to access the Services from

locations outside of the United States or the EU/EEA do so on their own initiative and are

responsible for compliance with applicable local laws. You may not use or export the Content in

violation of U.S. export laws and regulations.

Termination

You agree that Tailgate may, under certain serious circumstances and without prior notice,

immediately suspend or terminate your account and/or access to the Services. Cause for such

suspension or termination shall include, but not be limited to, (a) breaches or violations of the

Terms or other incorporated agreements, policies or guidelines, (b) requests by law

enforcement or other government agencies, (c) a request by you (self-initiated account

deletions), (d) discontinuance or material modification to the Services (or any portion thereof),

(e) unexpected technical or security issues or problems, (f) extended periods of inactivity,

and/or (g) nonpayment of any fees owed by you in connection with the Services. In some cases,

you may have the right to appeal, for example, as described in our Acceptable Use Policy [LINK].

Termination of your account may include (x) removal of access to all offerings within the

Services, (y) deletion of your information, files and Content associated with your account, and

(z) barring of further use of the Services. Further, you agree that all suspensions or terminations

for cause shall be made in Tailgate’s sole discretion and that Tailgate shall not be liable to you

or any third party for any suspension or termination of your account or access to the Services.

The following Sections shall survive termination of your account and/or the Terms: Content and

Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability,

Indemnity, Choice of Law and Forum, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency

relationship exists between you and Tailgate as a result of the Terms or your use of the

Services. The Terms constitute the entire agreement between you and Tailgate with respect to

your use of the Services. The failure of Tailgate to exercise or enforce any right or provision of

the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms

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 the Terms remain in full force and effect. You may not assign,

delegate or otherwise transfer your account or your obligations under these Terms without the

prior written consent of Tailgate. Tailgate has the right, in its sole discretion, to transfer or

assign all or any part of its rights under these Terms and will have the right to delegate or use

third party contractors to fulfill its duties and obligations under these Terms and in connection

with the Services. Tailgate’s notice to you via email, regular mail or notices, posts, or links on

the Services shall constitute acceptable notice to you under the Terms. A printed version of the

Terms and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to the Terms to the same extent and subject to the same

conditions as other business documents and records originally generated and maintained in

printed form. Section titles and headings in the Terms are for convenience only and have no

legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated

legal notices or terms located on particular pages on the Services. Tailgate reserves the right to

update the Terms at any time and for any reason in its sole discretion. Tailgate will notify you in

advance of any material changes to the Terms. By continuing to access or use the Services after

we have provided you with notice of a modification, you are agreeing to be bound by the

modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease

using the Services and delete your account [LINK].

Tailgate and its third party service providers may make improvements and/or changes in the

Services, products, services, mobile applications, features, programs, and prices described at

any time and for any reason in its sole discretion. For example, the mobile application may

download and install upgrades, updates and additional features in order to improve, enhance,

and further develop the Services. Tailgate reserves the right at any time to modify or

discontinue, temporarily or permanently, the Services or any portion thereof with or without

notice. You agree that Tailgate shall not be liable to you or to any third party for any

modification, suspension or discontinuance of the Services.

Support and Questions

For questions regarding the Services and these Terms, please contact us

via https://www.tailgate.com

Safety tips

Meeting new people is exciting, but you should always practice caution when interacting with

someone new, particularly in a bar setting or where alcohol is consumed. Use your best

judgment and put your safety first, whether you’re posting your first message or meeting in-

person. While you can’t control the actions of others, there are things you can do to help stay

safe during your Tailgate experience.

Online safety

 Never share financial information: Never send money, whether it’s through wire

transfer, banking service, or an app on your phone, even if the person claims to be in an

emergency. It can be nearly impossible to reverse these transactions or trace where the

money went. Don’t make investments or open accounts with someone you connected

with or through services or websites they recommend. Never share information that

could be used to access your financial accounts. If another user asks you for money,

report it to us immediately. For tips on avoiding scams, check out some advice from the

U.S Federal Trade Commission [LINK]

 Protect your personal information: Never share personal information, such as your social

security number, home or work address, or details about your daily routine (for

example, that you go to a certain gym every Monday) with people you don’t know. If

you’re a parent, limit the information that you share about your children on your profile

and in early communications. Avoid sharing details such as images of your children, their

names, where they go to school, or their ages or genders.

 Stay on the platform: Keep conversations on the Tailgate platform while you’re getting

to know someone. Because exchanges on Tailgate are subject to our Terms of Service,

users with bad intentions often try to move the conversation to text, messaging apps,

email, or phone right away.

 Report all suspicious and offensive behavior: You know when someone’s crossed the

line. And when they do, we want to know about it. Report anyone that violates our

terms or your personal boundaries. Here are some examples of violations:

o Requests for money or donations

o Underage Tailgaters

o Harassment, threats, and abusive messages

o Inappropriate or harmful behavior during or after meeting in person

o Fraudulent profiles

o Spam or solicitation, including links to commercial websites or attempts to sell

products or services

You can report any concerns about suspicious behavior from any profile page or messaging

window. For more information, check out our Community Guidelines.

Meeting in-person

 Take your time: Get to know people before agreeing to meet up for a Tailgate. Don’t be

afraid to ask questions to screen for any red flags or personal dealbreakers. A phone or

video call can be a useful screening tool before meeting.

 Meet in public and stay in public: Meet in populated, public places — never at your

home, another user’s home, or any other private location. If someone pressures you to

go to a private location, don’t attend.

 Tell friends and family about your plans: Tell a friend or family member of your plans,

including when and where you’re going. Have your cell phone charged and with you at

all times. Consider using your phone’s built-in features to share your location with

someone you trust when you attend a Tailgate.

 Be in control of your transportation: We want you to be in control of how you get to and

from Tailgates so that you can leave whenever you want. If you’re driving yourself, it’s a

good idea to have a backup plan such as a ride-share app or a friend to pick you up.

 Know your limits: Be aware of the effects of alcohol on you specifically — they can

impair your judgment and your alertness. If someone tries to pressure you to use drugs

or drink more than you’re comfortable with, hold your ground and leave the Tailgate.

 Don’t leave drinks or personal items unattended: Know where your drinks come from

and know where it is at all times — only accept drinks poured or served directly from

the bartender or server. Many substances that are slipped into drinks to facilitate

assault are odorless, colorless, and tasteless. Also, keep your phone, purse, wallet, and

anything containing personal information on you at all times.

 If you feel uncomfortable, leave: It’s okay to end Tailgates early if you’re feeling

uncomfortable. In fact, it’s encouraged. And if your instincts are telling you something is

off or you feel unsafe, ask the bartender or server for help.

Privacy Policy

Your privacy is very important to us. Before we get to the details, here’s a summary of our key

privacy practices. Click on the links to learn more and read the full policy below.

Privacy Summary

Collection, Use, and Sharing of Data

 Do we sell your personal information for monetary value? No

 Do we sell aggregated information for monetary value? No

 Do we share your personal information with third parties that are not service providers?

Only with your consent.

 Do we share your personal information for targeted advertising? Only with your

consent.

 Do we use sensitive categories of data, like health information? No

 Do we provide additional privacy protections for minors (users under 21)? Yes

 Do we use your contact list? Only with your consent

 Do we delete your personal information when you request account deletion? Yes,

unless it is necessary to provide the Tailgate services or required by law.

 Do we retain your data after you request deletion of your account? No, unless it is

necessary to provide the Tailgate services or required by law.

Privacy Controls

 Can you control who sees your activity and content? Yes

 Can you control who sees your location-based activity? Yes

 Are your activity and profile privacy controls public (set to “Everyone”) by default? Yes,

if you are 21 years of age or older.

 Can you download and delete your personal information? Yes

 Do all users worldwide have the same suite of privacy controls? Yes

Tracking

 Do we track your device location while you are not using our app? No

 Do we track your device location to provide Tailgate services to you? Only with your

consent

 Do we use non-essential cookies? Only with your consent

 Do we track your browsing activities on other sites? No

 Do we listen to you using your device microphone? No

Communication

 Do we give you advance notice when we make important changes and updates to our

Privacy Policy? Yes

 Do we send you marketing communications? Yes, unless you have opted out, or, where

required, with your consent

 Do we send you push notifications on mobile devices? Only with your consent.

Privacy Policy

Introduction

Tailgate’s privacy policy (the “Privacy Policy”) explains the information we collect, how we use

and share it, how to manage your privacy controls, and your rights in connection with our

websites and the related mobile applications and services (collectively, the “Services”). Please

also read our Terms of Service (LINK) which set out the terms governing the Services.

Tailgate is headquartered in Conshohocken, Pennsylvania, USA. Services are provided to you by

Tailgate, LLC. Throughout these Terms “Tailgate” refers to the service provider providing the

Services to you.

This policy was written in English. To the extent a translated version conflicts with the English

version, the English version controls.

If you have any questions about our privacy practices, this Privacy Policy, or would like to

contact us or our Data Protection Officer, you can do so by the email or addresses below or

via LINK.

Tailgate, LLC

400 West Elm Street #215

Conshohocken, PA 19428

nick.burnett@tailgate.fan

484-266-9279

Information Tailgate Collects

Tailgate collects information about you, including information that directly or indirectly

identifies you, if you or other Tailgate users choose to share it with Tailgate. The sources from

which we collect this personal information fall into three categories: information you provide,

information we collect automatically, and information we collect from other sources. For

example, based on how you interact with Tailgate and the Services, we may collect information

when you view, upload, or attend activities using the Services. Tailgate also collects information

about how you use the Services. In addition, you may choose to share information about

yourself, your friends, and your activities with Tailgate.

Account, Profile, and User Activity

We collect account information such as your name, email address, date of birth, gender, zip

code, favorite sports teams, username and password that helps secure and provide you with

access to our Services.

Profile, activity and use information is collected about you when you engage in activities such

as choosing to upload a photo, video, post, or activity (including date, time and geo-location),

join a club, view others’ activities, or otherwise use the Services.

Location Information

We collect and process location information when you sign up for and use the Services. We do

not track your device location while you are not using the Services. In order for most of our

core features (e.g., Tailgate maps) to function, you must grant us permissions in your device’s

privacy controls to track your device location while you use the Services.

If you would like to stop the device location tracking, you may do so at any time by adjusting

your device settings.

Content You Share

We gather information from photos, videos, posts, comments, messages, ratings, reviews, and

other content you share on the Services, including when you participate or attend events.

Contacts’ Information

You can choose to add your contacts’ information by connecting your contacts from your

mobile device or social networking accounts to Tailgate. If you choose to share your contacts

with Tailgate, we will access and store your contacts’ information to identify potential

connections and help you connect with each other. Learn more about how we collect

information about your contacts (LINK), how we use that information, and the controls

available to you.

Payment Information

If and when you make a payment on Tailgate, you will be asked to provide payment

information such as your payment card or other payment details. We use Payment Card

Industry (PCI) compliant third-party payment services who may store your credit card

information in accordance with applicable standards.

Third-Party Accounts

Tailgate allows you to sign up and log in to the Services using accounts you create with third-

party products and services, such as Meta, Google, or Apple (collectively, “Third-Party

Accounts”). If you access the Services through Third-Party Accounts, we will collect information

you have agreed to make available such as your name, email address, profile information and

preferences. This information is collected by the Third-Party Account providers and is provided

to Tailgate under their privacy policies. You can generally control the information we receive

from these Third-Party Accounts using the privacy controls in your account with them.

Technical Information, Cookies, and Log Files

We collect information from your browser, computer, or mobile device, which provides us

with technical information when you access or use the Services. This technical information

includes device and network information, cookies, log files and analytics information. Learn

more about how we use cookies and manage your preferences by visiting our Cooke Policy

(LINK).

The Services use log files. The information stored in those files includes IP addresses, browser

type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and

number of clicks. IP addresses may be linked to session IDs, athlete IDs and device identifiers.

Other Information

We may collect information directly from you or through our service providers, such as when

we collect your feedback through surveys.

We may also collect information about you from other Tailgate users such as when they

comment on your activities.

How Tailgate Uses Information

Tailgate uses the information we collect and receive as described below.

To provide the Services

We use the information we collect and receive to provide the Services, including providing you

with the ability to:

 Record your activities. For example, to archive the Tailgates that you attend.

 Interact with other users. For example, we use personal information, including your

name, user ID, and content you choose to share to participate in Tailgates, join clubs,

challenges, or events, follow other users, message other users, and use features that

help users interact with one another.

 Explore new places Tailgates. For example, to discover new Tailgates where you can

meet up with other fans. Similarly, if several users attend a specific Tailgate, that

information may be used to suggest the Tailgate to other users.

 Provide AI Features. For example, we use machine learning or artificial intelligence,

including large language models, to detect commonalities or anomalies.

 Share insights with the Tailgate community. For example, by sharing your reviews and

photos of specific Tailgates. We may also analyze your public photos from specific

Tailgates to attach characteristics to those Tailgates.

 To contact you regarding the Services. We use your contact information, which

includes name and email address, so we can contact you when needed regarding the

Services, for example, to notify you about material changes to our terms.

Subject to your privacy controls, your information, including parts of your profile, username,

photos/videos, users you follow and who follow you, clubs you belong to, your activities, your

Tailgates, the devices you use, your online status, and comments you give and receive will be

shared on Tailgate so that you may be able to participate in the Services. Certain information

(e.g., your name, and some profile information) is also available to non-users on the web. Your

precise location information, may also be shared on Tailgate or to non-users, in accordance

with your privacy controls.

Regarding our products or features using machine learning or artificial intelligence, including

large language models, ("AI Features"), we use the information we collect to enhance the

quality, reliability, and/or accuracy of our AI Features by creating, developing, training, testing,

improving, and maintaining AI and ML models run by Tailgate or our service providers. We use

aggregated, de-identified information for AI Features where possible for their purpose.

Depending on your privacy controls and sharing permissions, we also may use personal

information such as location information for AI Features, for example, to provide you with

Tailgate recommendations.

To customize your experience

We use the information we collect and receive to customize your experience. For example, we

may suggest Tailgates or clubs on Tailgate that may interest you, users that you may want to

follow, or new features that you may want to try.

To provide you with targeted commercial content

We use the information we collect and receive to serve you with relevant ads, promotions,

subject to your notification and email preferences. For example, if we see you are an active user

who has been on a monthly subscription plan for an extended period of time, we may serve you

a promotion to switch to a discounted annual plan. Or if you are an active user who has never

subscribed, we may send you an offer for a free subscription trial. In addition, we use cookies

and other tracking technologies, including SDKs and other mobile analytics to inform targeted

advertising and serve relevant ads. Learn more and manage your preferences by visiting

our Cookie Policy (LINK)

To protect you and the Services, as well as minors

We use the information we collect and receive to protect users, enforce our Terms of Service

(LINK), Acceptable Use Policy (LINK) and Community Guidelines (LINK) and promote safety. For

example, to help us find and remove content that violates our terms, such as hate speech or

spam, as well as suspend or terminate accounts that share such content. We use automated

tools to assist us in protecting and safeguarding you and other users and to keep the Service

secure, for example to detect misuse and bad actors. Tailgate reserves the right to review

accounts and user actions on the Services to ensure compliance with our Terms. We also use

device information and information contained in log files, including IP address, to maintain the

security and integrity of our Services.

To enhance safety and privacy, we use dates of birth to help confirm that users are old enough

to use Tailgate.

To assist you with a support request

We use the information we collect and receive to provide support in response to your requests

and comments. Depending on your request, this may require us to access your account, for

example, to troubleshoot or replicate a reported issue.

To improve our Services

We use the information we collect and receive, including feedback you provide, to conduct

research, and to analyze, develop, troubleshoot, increase functionality, and otherwise improve

the Services. To do this, Tailgate may use third-party analytics providers to gain insights into

how our Services are used, using aggregated data, and to help us improve the Services.

To communicate with you

We may also use the information we collect and receive to market and promote the Services,

activities and events on Tailgate, including using email and push notifications, in accordance

with your preferences. We may also contact you for partnership opportunities, when

investigating alleged violations of our terms, or to send proactive customer support messages.

To process your subscription

We use the information we collect to process your subscription, including using your location

data to determine your country pricing.

How Information is Shared

We do not sell personal information or aggregated data for monetary value. We may share

personal information in accordance with your preferences, as needed to run our business and

provide the Services, and where required for legal purposes, as set forth below. Categories of

third parties that we may share your information with are listed here (LINK). In addition, we

may share aggregated data about our users, as described in more detail in the “Aggregated

Information” section below.

Service Providers

We may share your information with third parties who provide services to Tailgate such as

supporting, improving, promoting and securing the Services, processing payments, or fulfilling

orders. These service providers only have access to the information necessary to perform these

limited functions on our behalf and are required to protect and secure your information. We

may also engage service providers to collect information about your use of the Services over

time on our behalf, to promote Tailgate or display information that may be relevant to your

interests on the Services or other websites or services.

Publicly Available Information

When you join the Tailgate community as an individual of 21 years of age or older, your profile

and your activities are set to be viewable by everyone by default. Your name and other profile

information is viewable by other Tailgate users, and if your profile visibility is set to everyone,

this information is also viewable by the public, including in search engine results. Additional

information and content you share may also be viewable, subject to your privacy controls. For

example, your content, and Tailgates may be accessed by other Tailgate users and non-users or

viewable on publicly accessible Tailgate pages or in search engine results.

We provide a variety of privacy controls to manage the sharing of your information and

encourage our users to adjust their controls to align with their desired experience.

Sharing Information and Activities using your Tailgate privacy controls

We share your information with other Tailgate users and the public in accordance with

your privacy controls (LINK). For example, if your profile and your activities are set to be

viewable by followers only, then a Tailgate user will not be able to see your activities, photos, or

detailed profile information until after you have granted the Tailgate user permission to follow

you.

You can change the visibility of the activities you upload to Tailgate. For example, you can tell us

about important locations, such as your home or work address, by using our hide a specific

address feature in your privacy controls. We will hide any portion of your activity on your

activity map that starts or ends near your hidden addresses.

Targeted Advertising

We may use the information we collect and receive about you to provide you with targeted

advertising if you accept non-essential cookies using our cookie banner or are receiving

marketing communications. If you accept the cookie banner, you may opt-out of targeted

advertising by clicking the “Do Not Share My Personal Information” link in the footer below or

in our app by clicking on the “Personal Information Sharing” link in your Privacy Controls and

following the instructions. You can also update your cookie preferences at any time here (LINK).

You can update your email preferences at any time here (LINK). Your device may also allow you

to opt out on iOS or Android.

Third Party Services Connected via API or Other Integrations

We enable you to share your information and content with third party apps, plugins, or

websites that integrate with the Services, as well as with third parties who work with Tailgate.

You can choose to share your profile data and activity data with these third parties. Information

collected by these third parties is subject to their terms and policies and may not provide you

with the same privacy controls that are available on Tailgate. Tailgate is not responsible for the

terms or policies of third parties.

If you choose to use a Third-Party Account to login to Tailgate, we share only the information

necessary for the third-party to enable you to login and to protect and secure your information.

You can also share your activities with your contacts via text, email, or on social media

applications like Meta, Instagram, and X. If you link your Tailgate account to other social

networks and share your activities, they may be viewable on such third-party platforms, and

may include your location information. You should use caution when sharing information via

third parties and you should carefully review the privacy practices of such third parties.

Aggregated Information

Tailgate may deidentify and aggregate the personal information you and others make available

in connection with the Services (“Aggregated Information”) and post it publicly or share it with

third parties. Examples include information about usage, demographics and activities. Tailgate

may use, license, or share this Aggregated Information with third parties for research, business

or to help our partners understand more about users, including the people who use their

products and services. Please visit your privacy controls (LINK) if you would like to opt out of

Tailgate using your information for these purposes.

Subsidiaries and Acquirers of our Business or Assets

We may share your information with our subsidiaries, who are required to handle your

personal information in accordance with their own Privacy Policies.

If Tailgate becomes involved in a business combination, securities offering, bankruptcy,

reorganization, dissolution or other similar transaction, we may share or transfer your

information in connection with such transaction.

Legal Requirements

We may preserve and share your information with third parties, including law enforcement,

public or governmental agencies, or private litigants, within or outside your country of

residence, if we determine that such disclosure is compelled by or reasonably necessary to

comply with the law, including to respond to court orders, warrants, subpoenas, or other legal

or regulatory process, or otherwise permitted by law. We may also retain, preserve or disclose

your information if we determine that this is reasonably necessary or appropriate to: (1)

prevent any person from death or serious bodily injury; (2) to address issues of national security

or other issues of public importance; (3) to prevent or detect violations of our Terms of Service

or fraud or abuse of Tailgate or its users; (4) or to protect our operations or our property or

other legal rights, including by disclosure to our legal counsel and other consultants and third

parties in connection with actual or potential litigation.

Managing Your Privacy Settings

Privacy Controls

Tailgate offers several features and settings to help you manage your privacy and share your

activities. We provide the same suite of privacy controls to all of our users. Most privacy

controls are located in your privacy controls page, but some are specific to individual activities

or features. Tailgate provides you the option to make your profile visible to Everyone or

Request to Follow; and to make your activities visible to Everyone, only your Followers and you,

or Only You. Click here (LINK) to manage your privacy controls.

Adjust Notification and Email Preferences

Tailgate offers various ways to manage the notifications you receive. You can choose not to

receive certain email notifications by indicating your preferences. You may also unsubscribe

from these emails by following the instructions contained at the bottom of these messages. In

our app, you can access your “Push Notifications” in the settings menu. Where permitted by

local regulations, we may opt you into marketing-related communications if you substantially

interact with the Services or purchase a subscription. We may also send you periodic

communications asking if you would like to opt into receiving marketing-related

communications.

If you receive marketing communications from one or more of our subsidiaries, you must opt-

out individually from each subsidiary you are receiving brand-specific marketing from.

Any administrative or service-related emails (for example, to confirm a purchase, to notify you

of pricing changes, or provide an significant update to our policies, etc.) may not offer an option

to unsubscribe as they are necessary to provide the Services you requested. You are

responsible for providing us with a valid email address and keeping it updated to ensure you get

these email notifications.

Updating Account Information

You may correct, amend or update profile or account information at any time by adjusting that

information in your account settings. You can use this to correct any inaccurate personal

information in your account. If you need further assistance please contact Tailgate.

Deleting Information and Accounts and Downloading Your Data

You can download your account or delete your data using our self-service tools. To download

your data, including your activity files, follow the instructions here (LINK).

To delete your account, follow the instructions provided here (LINK). After you make an

account deletion request, we permanently and irreversibly delete your personal information

from our systems, including backups. Once deleted, your data, including your account and

activities cannot be reinstated. Following your deletion of your account, it may take up to 45

days to delete your personal information and system logs from our systems. Additionally, we

may retain information where deletion requests are made to comply with the law and take

other actions permitted by law.

Note that we do not have control over content you have shared directly or publicly with others,

such as photos or videos on other social media platforms, or that others may have copied. In

other words, content or information may remain available after you have deleted your account

or deleted specific information from your own profile. Your public profile may be displayed in

search engine results until the search engine refreshes its cache.

Tailgate also provides you the option to remove individual activities you have posted without

deleting your account. Once removed, the activities may remain on Tailgate’s systems until you

delete your account.

Children's Privacy

Our services are not intended for, nor directed to, children under 13 years of age. We use

technical measures to help prevent children under 13 years of age from creating an account

and therefore do not knowingly collect personal information from anybody under 13 years of

age. If you are under 13 years of age, do not use the Services.

Moreover, we provide additional privacy and safety protections for users under 21 years of age.

For example, when users under 21 years of age create an account, their profile and activities

are set by default to be viewable by followers only and they are unable to access Messaging.

How We Protect Information

Tailgate implements measures to ensure that your information is treated securely and

consistently with the terms in this Privacy Policy. We maintain administrative, technical, and

physical safeguards appropriate to the sensitivity of your information and designed to protect

against unauthorized use, disclosure, or access to personal information.

In addition, you can take steps to protect your account and information such as creating a

unique password for Tailgate that is not easily guessed and that you don't use anywhere else,

not sharing your password with others, and promptly reporting suspicious activity or

unauthorized account access.

Your Legal Rights & How to Exercise your Legal Rights

Privacy laws provide certain rights to users in certain jurisdictions. Below are rights that may be

available to you under applicable laws.

Access and Portability

You have the right to know, and request access to, the personal information we collect, use,

share, or otherwise process about you. You can access much of your information by logging into

your Tailgate account. If you require additional access, please contact us.

Rights to Rectify, Restrict, and Delete

You have the right to rectify, restrict, or delete personal information, including by requesting

that we correct (rectify) where inaccurate, restrict, or delete your personal information on your

behalf. Note that these requests are subject to certain limitations, for example, we may retain

personal information as permitted by law, such as for tax or other record keeping purposes, to

process transactions and facilitate customer requests, and for certain other business purposes

described in this Privacy Policy.

You can rectify, restrict, or delete much of your information by logging into your account, such

as to edit your profile, delete content like photos or videos you have posted, remove individual

activities from view, delete activities or delete your account. You may correct, amend or update

profile or account information at any time by adjusting that information in your account

settings. If you need further assistance please contact us.

To delete your account, click here (LINK). If you need assistance, please contact us. After we

receive and validate your deletion request, we will delete your personal information, as well as

direct our service providers to delete your personal information, unless an exception applies.

Right to Object

Where we process your information based on our legitimate interests, you can object to this

processing under certain circumstances. In such cases, we will cease processing your

information unless we have compelling legitimate grounds to continue processing or where it is

needed for legal reasons. You can also object to processing of your information for direct

marketing emails at any time.

Right to Revoke Consent

To the extent we rely on your consent to engage in certain processing, you have the right to

withdraw that consent at any time by updating your settings. Please note, past activities will

still display data in accordance with the consent provided at that time. We may continue to

process your information if we have a separate legal basis to do so (for instance, to comply with

a court order) or if your withdrawal of consent was limited to certain processing activities.

Right to Complain

You may raise a concern about our use of your information (and without prejudice to any other

rights you may have) by contacting us. Regarding the right to complain, you may also report

concerns to your local data protection supervisory authority.

Notice for individuals residing outside the United States

This section is specifically intended for individuals residing in certain jurisdictions outside of the

United States (“US”), such as residents of the European Economic Area ("EEA") including the

European Union ("EU"), the United Kingdom ("UK"), Switzerland, Brazil, and other relevant

jurisdictions around the world (e.g., Latin America, Middle East, Asia). Note that as a US-based

business, we are not necessarily subject to privacy and data protection laws in your jurisdiction,

but we endeavor to comply with such laws to the extent they are applicable to us.

Please see the top of this section for a list of rights we provide to you, as well as how to

exercise them.

Notice for individuals residing in certain U.S. states

Residents of certain U.S. states, such as California, Colorado, Connecticut, Oregon, Texas, Utah,

or Virginia, and Montana as of October 1, 2024, may have additional rights under your

corresponding state laws (“collectively, U.S. State Privacy Laws”). Only you or someone legally

authorized to act on your behalf may make a request related to your personal information.

Please see the top of this section for a list of rights we provide to you, as well as how to

exercise them. In addition to the description of those rights, below we provide a general

description of additional rights and disclosures about your personal information that may be

available to you under these U.S. State Privacy Laws.

Access and Portability

Under U.S. State Privacy Laws, you have the right to make a free request regarding your right to

know about the personal information we collect, use, and share two times in any 12-month

period. Provided we can validate your request, we will make the disclosure no later than 45

days of receiving your request, unless we request an extension. In the event that we reasonably

need a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right to non-discrimination

You have the right not to receive discriminatory treatment for the exercise of your privacy

rights under State Privacy Laws. We will not discriminate against you for exercising any of your

U.S. State Privacy Law rights.

Right to opt out of personal information sales or shares

We do not sell your personal information for monetary value. However, under certain privacy

laws, some non-monetary sharing of personal information with third parties – for example to

provide you with targeted advertising for Tailgate on other platforms – may be considered a

“sale” or “share” of personal information. To the extent such laws may consider this a sale or

share of personal information, Tailgate does not “sell” or “share” your personal information for

analytics or to serve you with targeted advertising on other platforms unless you accept non-

essential cookies using our cookie banner. We do not “sell” or “share” the personal information

of users we know are under 16 years old.

You have the right to direct us to not “sell” or “share” your personal information. If you opted

into receiving our targeted advertising using our cookie banner, you may opt out of targeted

advertising by (1) clicking the “Do Not Share My Personal Information” link in the footer below

and following the instructions; (2) clicking in our app on the “Personal Information Sharing” link

in your Privacy Controls and following the instructions; or (3) setting your cookie preferences to

deny non-essential cookies. Once you make an opt-out request, we will wait at least 12 months

before asking you if you want to re-opt into “sales” or “shares” of your personal information.

Right to limit the use and disclosure of sensitive information

You have the right to direct us to only use your sensitive information, such as precise

geolocation data, for limited purposes, such as providing you with the services you requested.

We obtain your express consent before processing your sensitive information and only use it to

provide the Services, in accordance with your privacy settings.

Additional Disclosures for California Residents

Financial Incentives. We do not generally provide a loyalty program or other financial incentive

in return for the collection or use of personal information. On some occasions we may engage

in a limited-time marketing event, promotional offer or discount on fees that includes a

registration or other collection of personal information, and we will disclose the benefits and

terms of that promotion at the time of collection.

Privacy rights requests for non-customers. California privacy rights apply to all individuals (not

just registered users), including job applicants, current and former employees, contractors and

business partners. Job applicants may provide contact information and resume-related

information (e.g., past education and experience) as well as complete relevant background

checks. Employees receive internal privacy disclosure relevant to them. Contractors and

business partners provide business contact information and payment-related information as

necessary to facilitate a prospective or actual business relation. Due to the nature of these

relationships, the precise collection and use of personal information can vary. All such

individuals who are California residents can request additional information about our privacy

practices with respect to their information, as well as make the access, deletion, correction and

opt-out requests described above, by contacting us as directed above. Please provide sufficient

information that we can identify you, and be aware that we may employ a more extensive

authentication process to verify your identity before responding to your request.

Do Not Track. Do Not Track (DNT) is a privacy preference you can set in most browsers but

there is no standard interpretation or practice for responding to DNT signals (see

https://allaboutdnt.com/ for more information), and we therefore handle all user information

consistent with our privacy policy.

Direct Marketing. We do not share personal information such as your contact information with

third parties for their own direct marketing purposes.

Additional Disclosures for Nevada residents

We do not “sell” personal information as defined by Nevada law (Nevada Revised Statutes,

Chapter 603A, Section 1.6). You can submit a request to us regarding the sale of such

information via the contact information above.

Cross Border Data Transfers

If you are located outside of the United States and choose to use the Services or provide

information to us, you acknowledge and understand that your information will be transferred,

processed and stored in the United States, due to the provision of Services being provided from

and data storage facilities being located in the United States.

Whenever we transfer personal information internationally, we use legal mechanisms, such as

Standard Contractual Clauses, to ensure data transfers comply with applicable law.

Retention of Information

We retain information as long as it is necessary to provide the Services subject to our legal

obligations to further retain such information. Information associated with your account will

generally be kept until it is no longer necessary to provide the Services or until your account is

deleted or becomes inactive. In making these determinations, we consider the amount, nature,

and sensitivity of the personal information, the purposes for which the personal information is

processed, whether we can achieve those purposes through other means, and applicable legal

requirements.

In addition, you can delete some items of information (e.g., profile information) and you can

remove individual activities from view on the Services without deleting your account. Following

your deletion of your account, it may take up to 45 days to fully delete your personal

information and system logs from our systems. Additionally, we may retain information to

comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist

with investigations, enforce the Terms of Service and take other actions permitted by law. The

information we retain will be handled in accordance with this Privacy Policy.

Personal information that is no longer necessary and relevant to provide our Services to you

may be de-identified and aggregated with other non-personal information to provide insights

that are valuable to Tailgate, such as statistics of the use of the Services.

Privacy Policy Updates

Tailgate reserves the right to modify this Privacy Policy at any time. If we make changes to this

privacy statement we will post the revised privacy statement and its effective date on this

website. If we make changes we deem to be material, we will provide prominent, advance

notice. If you object to any changes to this Privacy Policy, you should stop using the Services

and delete you account.