Las Vegas Raiders – RAIDERS THE OPUS
Terms & Conditions

Las Vegas Raiders – Opus Book

Terms & Conditions

By placing a minimum Ten Thousand Dollar ($10,000) non-refundable deposit (“Deposit”) for the purchase of the Book (defined below), you agree to be bound by these Terms and Conditions. Please also note that Paragraph Seven of these terms contains a provision requiring binding arbitration of disputes between you and Raiders Football Club, LLC (“Raiders”). If you do not agree to these terms, please do not place a Deposit.

1. Deposit. By placing a Deposit, you have an opportunity to purchase the Las VegasRaiders’ collectors’ item book celebrating the first 60 years of the Raiders’ organization (“Book”) as published by The Luxury Book Company Limited (“Publisher”) for their Opus-style books. Placing a Deposit ensures that you will reserve your selected edition number of the Book (such edition number is subject to availability). Following your payment of the Deposit, you will receive additional information instructing you to complete payment of the remaining balance within seven (7) days of paying the Deposit. Placing a Deposit only guarantees that your edition number will be reserved until the payment deadline within seven (7) days of paying the Deposit. Except as expressly set forth herein, the Deposit is non-refundable. In the event that you do not pay the remaining balance within seven (7) days of paying the Deposit, the hold placed on your edition number will be released and offered back to the public for sale.

YOU UNDERSTAND THAT YOU WILL NOT RECEIVE A REFUND OF THE DEPOSIT IN THE EVENT THAT YOU DO NOT PAY THE REMAINING BALANCE WITHIN SEVEN (7)DAYS OF PAYING THE DEPOSIT OR IF YOU DECIDE TO CANCEL YOUR ORDER.

2. Cost. The Deposit amount is a minimum of Ten Thousand Dollars ($10,000). Depending on the amount of the Deposit you pay, you will be required to pay the remainder of the price of the Book (One Hundred Thousand Dollar [$100,000]) within seven (7)days of paying the Deposit. All amounts paid for the purchase of the Book will be retained by Raiders Football Club, LLC. You acknowledge that your payments will not be made to the Raiders Foundation and, therefore, the Raiders do not make any representations or warranties about whether the payment may be deemed a charitable donation.

3. Your Contact Information.  By placing a Deposit, you agree that the Raiders may contact you by phone and/or email regarding the completion of the purchase of the Book. You agree that if your submitted contact information (phone, email, etc.) changes after you place your Deposit, it is your responsibility to provide updated contact information to the Raiders. A failure to ensure a proper update of your contact information means you may lose the opportunity to purchase the Book and you may forfeit your Deposit. You agree and understand that any personal data and identifying information, which you submit to theRaiders will be stored and used in accordance with the Raiders’ privacy policy, located at https://www.raiders.com/footer/privacy-policy.

4. Book Edition Numbers.  The Book edition numbers are subject to availability. In the event that your selected edition number is no longer available, you will be provided an opportunity to select a different, available edition number at no additional cost.

5. Changes to the Program.  The Raiders reserve the right, in its sole discretion, to cancel, modify, or suspend the Deposit program and/or change these terms at any time and for any reason without providing notice. If the Raiders terminate this Deposit program, you will receive a full refund of your Deposit.

6. Subordination. These Terms and Conditions, the Deposit, and the sale of the Book are hereby made subject and subordinate to the terms and conditions of the PublishingAgreement between the Raiders and the Publisher. As set forth in Section 5, theRaiders reserve the right to amend these Terms and Conditions as required or as needed to comply with its obligations in the Publishing Agreement.

7. Release andIndemnity.  By placing a Deposit, you expressly agree to forever waive, release, discharge, and covenant not to sue Raiders, Raiders FoundationNV, their affiliate entities, and/or any of their past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, contractors, successors, assigns, and insurers (collectively “Raiders Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively,“Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to the Deposit; these terms; the legality of these terms; your participation in the Deposit program; and your purchase of the Book. To the maximum extent permitted by law, you hereby waive any and all rights you may have under Section 1542 of the Civil Code of California (or any similar provisions of the laws of any other jurisdiction that are applicable to theseTerms and Conditions and that would limit the waiver of unknown claims).

Section 1542 provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Further, by placing a Deposit, you expressly agree to at all times defend, hold harmless, and indemnify the Raiders and all Raiders RelatedParties from and against any and all Claims of any kind or nature whatsoever(including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Deposit; these terms; the legality of these terms; your participation in the Deposit program; and your purchase of the Book.

7. Binding Arbitration Agreement and Choice of Law.  These terms shall be construed and interpreted according to the laws of the state of Nevada without regard to choice of law principles. As a condition of submitting a Deposit, you and Raiders agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in any way connected with the Deposit or these Terms and Conditions, be resolved individually, without resort to any form of class action, exclusively through binding arbitration in Las Vegas, Nevada before JAMS under its Comprehensive Arbitration Procedures (currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/). By accepting these Terms and Conditions, both you and Raiders waive any right to have any dispute arising out of or in any way connected with the program be resolved in a court of law by a judge or jury.  Arbitration shall be the exclusive remedy for any such dispute. You and Raiders agree to waive the right to commence, be a party to, or be an actual or putative class member of any class, collective, or representative action, except that you and Raiders may bring a representative action under any statute wherein their rights to bring such representative action are deemed unwaivable (such as the CaliforniaPrivate Attorneys General Act of 2004), but you and Raiders must bring such claims in arbitration. If any portion or aspect of this provision is found to be unenforceable for any reason, in whole, or in part, you and Raiders agree that the unenforceable portion or aspect of these Terms and Conditions will be severed and the remainder of the provision, including the agreement to submit to binding arbitration, will remain valid and in effect. 

Further, to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased. 

8. Warranties. You acknowledge and agree that your submission of the Deposit and the Raiders’ sale of the Book is being provided on an AS-IS basis and EXPRESSLY WAIVE ANYAND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

9. Miscellaneous. A waiver by Raiders of any breach of these Terms and Conditions shall not be nor be deemed to be a waiver of any other prior or subsequent breach of any provision of these Terms and Conditions.  The provisions of theseTerms and Conditions are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law. 

These Terms and Conditions constitute the entire, integrated agreement of the Parties with respect to the subject matter herein. It is understood that there are no oral agreements between the Parties affecting theseTerms and Conditions and that these Terms and Conditions supersede and cancel any and all previous negotiations, agreements, and understandings, if any, between the Parties. There are no other representations or warranties between theParties and all reliance with respect to any representations is totally upon the representations contained in these Terms and Conditions. Each Party’s obligations hereunder are in addition to, and not exclusive of, any and all ofits other obligations and duties to the other Party, whether express, implied, in fact or in law.

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