Terms of Use

Last Updated: April 20, 2026

These Terms of Use (these "Terms") govern your access to and use of the website located at www.brettstailgate.com, any associated mobile applications, and all related services, content, and features (collectively, the "Site"). The Site is owned and operated by Brett's Tailgate LLC, a Massachusetts limited liability company ("Brett's Tailgate," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

We may update these Terms at any time by posting the revised version on the Site. Your continued use of the Site after any update constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

1. Consent to Data Collection and Tracking Technologies

The Site uses cookies, tracking pixels (including the Meta Pixel and similar technologies), web beacons, session replay tools, analytics software, advertising tags, and other data collection technologies (collectively, "Tracking Technologies") operated by us and by third-party vendors, advertisers, and service providers. These Tracking Technologies collect information about your browsing activity, device information, IP address, interactions with the Site, and other data as described in our Privacy Policy.

By accessing or using the Site, you expressly consent to:

(a) the use of all Tracking Technologies described in our Privacy Policy; (b) the collection, transmission, storage, and use of your data by us and our third-party vendors and service providers, including advertising networks and analytics providers; (c) the transmission of data collected through Tracking Technologies to third parties for purposes including advertising, analytics, and site optimization; and (d) the use of third-party data appending services that may match anonymous browsing data with other information to identify visitors.

This consent is effective immediately upon your first access to any page on the Site. Tracking Technologies activate automatically when you load a page on the Site; they do not require any additional action by you. You acknowledge and agree that data collection begins before you have the opportunity to navigate to any other page, including these Terms or our Privacy Policy. If you do not consent to the use of Tracking Technologies, do not access or use the Site.

You may revoke your consent at any time by following the opt-out instructions in our Privacy Policy or by using the cookie management tools available on the Site. Revoking consent does not affect the lawfulness of data collection that occurred before revocation.

2. Eligibility and Accounts

The Site is intended for users who are at least 13 years old. If you are under 13, you shall not use the Site. If you are between 13 and 18, you may use the Site only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

If you create an account, you shall provide accurate and complete information and keep your account credentials confidential. You are responsible for all activity that occurs under your account.

3. Intellectual Property

3.1 Ownership

All content and functionality on the Site, including text, graphics, logos, icons, images, data compilations, software, and the selection and arrangement of that content (collectively, "Site Content"), is the exclusive property of Brett's Tailgate or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to download one copy of any Site Content solely for your personal, non-commercial use. You shall not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download (except as expressly permitted), store, transmit, or otherwise exploit any Site Content except as permitted by these Terms. You shall not mirror any Site Content without our prior written consent.

3.3 Trademarks

The trademarks, service marks, designs, and logos displayed on the Site (collectively, the "Marks") are the registered and unregistered marks of Brett's Tailgate or third parties. Nothing on the Site grants, by implication, estoppel, or otherwise, any license or right to use any Mark without the prior written permission of the owner.

4. User Content

By posting, uploading, or submitting any content to the Site ("User Content"), you grant Brett's Tailgate a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit that User Content in any form and through any media.

You represent that you own or have the right to grant this license for any User Content you submit. You shall not post User Content that:

(a) is threatening, defamatory, obscene, or unlawful; (b) infringes any third party's intellectual property, privacy, or other rights; (c) contains viruses, malware, or other destructive code; (d) contains unauthorized advertising or spam; or (e) contains false or misleading statements.

We may remove any User Content at any time for any reason without notice to you.

5. Third-Party Links and Services

The Site may contain links to third-party websites and may integrate third-party services, including advertising networks, analytics providers, and content delivery services. We do not control and are not responsible for the content, privacy practices, or availability of any third-party website or service. A link to or integration with a third-party does not constitute an endorsement by Brett's Tailgate. Your interactions with third-party websites and services are governed by the terms and policies of those third parties.

6. Disclaimers

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRETT'S TAILGATE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BRETT'S TAILGATE DOES NOT WARRANT THAT: (A) THE SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (B) THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR; OR (C) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION ON THE SITE, INCLUDING FANTASY SPORTS PROJECTIONS, RANKINGS, AND ANALYSIS, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRETT'S TAILGATE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, ADVERTISING PARTNERS, AND LICENSORS (COLLECTIVELY, THE "BRETT'S TAILGATE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE.

WITHOUT LIMITING THE FOREGOING, THE BRETT'S TAILGATE PARTIES SHALL NOT BE LIABLE FOR ANY STATUTORY DAMAGES UNDER ANY FEDERAL OR STATE PRIVACY, WIRETAPPING, DATA PROTECTION, OR SIMILAR STATUTE, INCLUDING THE CALIFORNIA INVASION OF PRIVACY ACT, THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, THE CALIFORNIA CONSUMER PRIVACY ACT, OR ANY SIMILAR LAW OF ANY JURISDICTION.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BRETT'S TAILGATE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO BRETT'S TAILGATE DURING THE 12 MONTHS BEFORE THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BRETT'S TAILGATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

BY USING THE SITE, YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK OR RECOVER STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY CLAIM RELATED TO THE SITE, THESE TERMS, OR THE PRIVACY POLICY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You shall indemnify, defend, and hold harmless the Brett's Tailgate Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. Brett's Tailgate may assume exclusive control of the defense of any claim subject to indemnification, at your expense.

9. Dispute Resolution

9.1 Governing Law

These Terms, and any dispute or claim arising out of or related to these Terms, the Site, or the Privacy Policy (including disputes related to data collection, tracking technologies, or privacy practices), are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles.

9.2 Exclusive Jurisdiction and Venue

Any dispute, claim, or cause of action arising out of or related to these Terms, the Site, or the Privacy Policy shall be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts. You irrevocably consent to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenient forum or lack of jurisdiction. You agree that this forum-selection clause applies to all claims, including claims arising under federal or state privacy, wiretapping, data protection, or consumer protection statutes.

9.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Brett's Tailgate Parties. If any court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed, and the remaining claims shall proceed on an individual basis.

9.4 Limitation Period

You shall commence any claim or cause of action arising out of or related to these Terms, the Site, or the Privacy Policy within one year after the claim arises. Any claim not brought within one year of accrual is permanently barred. This limitation period applies regardless of whether you knew or should have known of the basis for the claim.

9.5 Attorneys' Fees

If either party commences litigation to enforce these Terms or arising out of the use of the Site, the substantially prevailing party shall be awarded its reasonable attorneys' fees and costs from the non-prevailing party. In addition, if you bring a claim against Brett's Tailgate and the court determines that the claim is frivolous, brought in bad faith, or is otherwise subject to sanctions under applicable law or court rules, you shall pay Brett's Tailgate's reasonable attorneys' fees and costs incurred in defending against the claim.

10. Copyright Policy (DMCA)

Brett's Tailgate respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent:

Brett's Tailgate LLC Email: info@brettstailgate.com

Your notice shall include all information required by 17 U.S.C. § 512(c)(3). Brett's Tailgate will remove infringing content upon receipt of a valid notice. Brett's Tailgate may terminate the accounts of repeat infringers.

11. Mobile Application

11.1 License Grant

If you download and use any Brett's Tailgate mobile application (the "App"), we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use, subject to these Terms.

11.2 Restrictions

You shall not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App; (c) rent, lease, lend, sell, or sublicense the App; (d) remove any proprietary notices from the App; or (e) use the App in any manner that violates these Terms or applicable law.

11.3 Updates

We may release updates to the App from time to time. We may require you to install updates to continue using the App. The App may also automatically download and install updates without prior notice.

11.4 App Store Terms

If you download the App from a third-party app store (such as the Apple App Store or Google Play), you acknowledge and agree that: (a) these Terms are between you and Brett's Tailgate, not the app store operator; (b) the app store operator has no obligation to provide maintenance, support, warranty, or other services for the App; and (c) in the event of any failure of the App to conform to any applicable warranty, you may notify the app store operator for a refund of the purchase price (if any), and the app store operator has no other warranty obligation with respect to the App.

11.5 Data Collection

The App may collect information from your device, including device identifiers, operating system version, usage data, and location data (if you enable location services). The App uses Tracking Technologies as described in Section 1 and our Privacy Policy. By installing and using the App, you consent to the collection and use of this data.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Brett's Tailgate with respect to the Site and supersede all prior or contemporaneous agreements relating to the Site.

12.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

12.4 Assignment

You shall not assign or transfer these Terms or any rights under these Terms without our prior written consent. We may assign these Terms without restriction.

12.5 Survival

Sections 1 (Consent to Data Collection), 3 (Intellectual Property), 4 (User Content), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Dispute Resolution), and 12 (General Provisions) survive termination of these Terms.

12.6 Contact Information

For questions about these Terms, contact us at: