Last Updated: January 14, 2026
UNLESS YOU OPT OUT, THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
These terms of use (the “Terms of Use”) apply to the Miami Heat Partnership Portal located at www.HeatPartnerships.com (the “Site”). The Site is the property of and operated by Miami Heat Limited Partnership (“Heat,” “we,” “our,” and “us”). This Site is provided by the Heat for use by authorized corporate sponsors, clients, partners, licensees, and approved third parties to access, download, and use Heat approved branding assets, including logos, trademarks, and related brand materials (“Brand Assets”).
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By accessing and using this Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO THE HEAT THROUGH THE SITE.
Modification
We may modify these Terms of Use from time to time without prior notice. Any modifications we make are effective as soon as we post them to the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. By using the Site after modifications have been posted you agree to be bound by these Terms of Use as modified.
We also reserve the right to change, modify, or discontinue any portion of the Site without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
Eligibility
Access to this Site is limited to Users who have been expressly authorized by the Heat. By accessing or using the Site, you represent and warrant that: (a) you are accessing the Site on behalf of a company or organization with a legitimate business relationship with the Heat; and (b) you have authority to bind the entity to these Terms of Use.
Use of the Site and Brand Assets is strictly limited to legitimate business purposes and in accordance with these Terms of Use and the Heat’s brand guidelines. These brand guidelines may change from time to time, so please check back before each use of the Brand Assets.
Access and Security
You are responsible for the safety and security of your password, account login and for all activities that occur under your account identification. Unless you make us aware of unauthorized access to your account, we will assume that use of your account is authorized. We are not responsible for any consequences from unauthorized access to your account that come from your failure to protect your account login. We reserve the right to take reasonable steps to ensure the security of the Site and your account. Those steps may include terminating your account and/or changing the password. You may not use anyone else’s account at any time.
Privacy
We take your privacy seriously. By using the Site you consent to the collection and use of your personal information as described in our Privacy Policy.
Security
We use reasonable security measures that are designed to protect information from loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can guarantee that the Site is free of threats or other vulnerabilities. You use the Site and transmit information to us at your own risk.
Ownership of Brand Assets
The Heat dedicated substantial resources to the development and protection of its intellectual property. In addition to seeking registration of its trademarks and logos around the world, the Heat and National Basketball Association (“NBA”) enforces their rights against people who misuse the Brand Assets. All Brand Assets and all intellectual property right therein are and shall remain the exclusive property of the Heat and NBA. Any goodwill arising from use of the Brand Assets inures to the benefit of the Heat.
License Grant
Subject to your compliance with these Terms of Use, the Heat grants you a limited, non-exclusive, non-transferable, revocable license to use the Brand Assets solely: (a) for approved marketing, promotional, or informational purpose relating to the Heat; and (b) in accordance with the Heat’s brand guidelines and any written approvals provided by the Heat.
The Heat may revoke permission to use the Brand Assets at any time.
No ownership rights are granted under these Terms of Use. All rights not expressly granted herein are reserved.
Restrictions
It is a violation of these Terms of Use to take any action that:
- modify, distort, animate, or alter the Brand Assets except as expressly permitted by the Heat’s brand guidelines;
- use the Brand Assets in connection with products, services, or materials not approved by the Heat;
- sublicense, sell, distribute, or otherwise make the Site and/or Brand Assets available to any third party;
- use the Site and/or Brand Assets after termination of authorization or upon notice from the Heat;
- use or register, or otherwise claim right in any Brand Assets, including as or part of any trademark, service mark, company name, trade name, username, or domain registration;
- use or claim rights in any trademark in a way that is confusingly similar to or dilutive of the Brand Assets, including as, or as any part of, a trademark;
- interferes with others using the Site;
- introduces software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment to the Site;
- disrupts, interferes, or inhibits any other users from enjoying the Site or other affiliated or linked websites, material, contents, products, and/or services;
- uses any robot, spider, or other such programmatic or automatic device, including, but not limited to, automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products, and/or services;
- reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Site, use of the Site, or access to the Site;
- publishes, publicly performs or displays, or distributes to any third party any Brand Assets, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Brand Assets, including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Site and/or Brand Assets;
- uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms of Use, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site’s underlying technology.
Brand Guidelines and Approvals
All use of Brand Assets must strictly comply with the Heat’s current brand guidelines, as may be updated from time to time. The Heat reserves the right to review and request changes to any use of the Brand Assets, at its sole discretion. The Heat further reserves the right to withhold approval of content that it considers inconsistent with the Heat brand.
Limitation of Liability
IN NO EVENT WILL THE HEAT, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SITE OR THE BRAND ASSETS; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, BRAND ASSETS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; OR (C) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED THE HEAT ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF THE HEAT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BEYOND THOSE CONTAINED HEREIN. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE HEAT AND ITS AFFILIATES, LICENSORS, VENDORS, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR OR THEIR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, AND WE WOULD NOT PROVIDE THE SITE TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Disclaimer of Warranties
THE SITE AND BRANDING ASSETS ARE PROVIDED “AS IS,” AND WITHOUT REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HEAT DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE HEAT DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES, INCLUDING THE BRANDING ASSETS, ARE ACCURATE, COMPLETE, OR SUITABLE.
IN ADDITION, THE HEAT MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY BRANDING ASSETS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL ON THE SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
THE HEAT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THESE TERMS OF USE, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
Governing Law
By visiting or using the Site, you agree to be bound by the laws of the State of Florida and the Federal Arbitration Act, without regard to principles of conflicts of law, which will govern these Terms of Use and any dispute of any sort that might arise between you and the Heat.
For residents outside the United States, arbitration will be initiated in Miami, Florida and the Heat and you, consistent with this Governing Law provision agree to submit to the personal jurisdiction of the state and federal courts of Miami-Dade County to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Dispute Resolution, Small Claims Court and Agreement to Arbitrate
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT SET OUT IN THE FOLLOWING SECTIONS.
You agree that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. Any dispute or claim relating in any way to your use of the Site, or in connection with any products or services sold or distributed via the Site, as applicable, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would. The decision of the arbitrator will be in writing and binding and conclusive on you and the Heat, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
Definitions
For purposes of this Section, a “Dispute” is a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of, the Site, these Terms of Use, and/or the provision of content, services, and/or technology on or through the Site, and/or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall be interpreted broadly and include, without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
- claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims relating to advertising);
- claims for mental or emotional distress or injury not arising out of physical bodily injury;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms of Use.
Notwithstanding the foregoing, Dispute shall not encompass disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site or disputes, claims, or controversies related to bodily injury, which are not subject to the Mandatory Pre-Dispute Resolution Process, small claims court, and arbitration provisions set forth below.
Mandatory Pre-Dispute Resolution Process
Neither you or Heat may initiate an arbitration or small claims court proceeding absent full compliance with this Mandatory Pre-Dispute Resolution Process.
Before initiating a proceeding in arbitration or small claims court, you or Heat must give the other part notice of the dispute by providing a signed notice (“Notice of Dispute”). A Notice of Dispute must include all of the following: (i) name, contact information (address, telephone number, and email address), and account information if applicable; (ii) a description of the nature and basis of the Dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. Except for copyright notices, you must send a Notice of Dispute to our registered agent, at ATTN: General Counsel, 601 Biscayne Boulevard, Miami, Florida 33132. Heat will deliver a Notice of Dispute to your registered email address. You and Heat will attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties).
You and the Heat will use reasonable, good faith efforts to resolve the Dispute through consultation, cooperation, and good faith negotiations. If the party receiving the Notice of Dispute requests a telephonic or video settlement conference as part of this informal process, you and agree to participate in an effort to resolve the Dispute. If the party receiving the Notice of Dispute requests a telephonic or video settlement conference as part of this informal process, you and Heat agree to participate in an effort to resolve the Dispute. Should Heat make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, Heat agrees to have a representative attend this conference (with counsel, if Heat is represented). If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding shall be stayed. Such court has the authority to enforce this condition precedent to an arbitration and a small claims court proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines shall be tolled while you and Heat engage in this informal process.
After completion of this Mandatory Informal Pre-Dispute Resolution Process, the parties may resort to the other alternatives described in this section.
Arbitration Details
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Alan Fein, Esq., at 150 West Flagler Street, Suite 2200, Miami, Florida 33132. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you and the Heat agree not to seek any attorney’s fees and expert-witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You and the Heat understand that, absent this mandatory arbitration provision, you and the Heat would have the right to sue in court and have a jury trial. You and the Heat further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in Miami-Dade County, Florida. You and the Heat agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Right to Opt-Out of Arbitration
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: ATTN: EVP, Chief Legal Officer, 601 Biscayne Boulevard, Miami, Florida 33132 and info@heatpartnerships.com.
You must provide your name, address, email that is associated with your Heat account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Site, or within 30 days of substantive changes, if any, being made to these Terms of Use, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, the Heat will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor the Heat shall be entitled to arbitrate the dispute. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the Heat agree to waive, to the fullest extent allowed by law, any trial by jury.
Small Claims Court
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding must submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process referenced above to that court. The certification shall be personally signed by that party (and counsel, if represented).
Class Action Waiver
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and the Heat will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and the Heat further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any of the Heat’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend the Heat (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of violation of these Terms of Use, your use of the Site, Branding Assets, your passwords and/or account information, or your violation of any law. These obligations will survive any termination of your relationship with the Heat or your use of our Site.
Termination of Right to Use the Site
If you breach any of these Terms of Use, the Heat may terminate your right to use the Site. Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of the Branding Assets or any other materials or information you have obtained from the Site.
No Waiver
No delay or omission by the Heat to exercise any right or power occurring upon any breach of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. A waiver by the Heat of any breach of these Terms of Use shall not be construed to be a waiver of any subsequent breach.
Severability
The determination that any provision of these Terms of Use is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.
Contact Information
For questions regarding use of the Brand Assets or these Terms of Use, please contact info@heatpartnerships.com.
These Terms of Use (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and the Heat regarding the Site and your use of the Site and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and the Heat in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of these Terms of Use.
Copyright 2026 Miami Heat Limited Partnership. All rights reserved.