Veterans Memorial Coliseum: Critical Legal Risks in Privacy Policy and Terms | Erayaha

Uncovering Legal and Financial Risks in Veterans Memorial Coliseum’s Terms & Conditions

When we examined Veterans Memorial Coliseum’s Privacy Policy and Terms, our analysis revealed several high-stakes legal and logical risks that could expose the organization to significant regulatory fines and litigation. With GDPR fines reaching up to €20 million or 4% of annual revenue, and U.S. class action settlements for privacy breaches often exceeding $5 million, the stakes are substantial for any organization handling personal data. Here’s what our review uncovered—and how targeted improvements can close costly loopholes.

1. Ambiguous Consent for Data Processing The policy states that use of the website constitutes acceptance of the privacy policy and consent for data collection, processing, and maintenance. However, this language is overly broad and does not meet the explicit, informed consent requirements under GDPR or CCPA. This exposes the organization to regulatory action and class action lawsuits in the event of a data breach or misuse.

Legal Analysis

high Risk

Removed

Added

Your use of any part of the RQ Website indicatesis subject to your acceptance of this Policy andexplicit, informed consent for the collection, processing, use, and maintenance of your Personal ID in the United States, and wherein compliance with applicable privacy laws (including GDPR and CCPA). Consent must be obtained through a clear affirmative action (e.g., other countries, as outlined in this Policyclicking an 'I Agree' button) prior to any data collection or processing.

Legal Explanation

The original clause relies on implied consent, which is insufficient under GDPR and CCPA. The revised clause requires explicit, informed consent, reducing regulatory risk and improving enforceability.

2. Inadequate Limitation of Liability Clause The limitation of liability clause attempts to exclude consequential, incidental, or special damages, but then limits liability only to the cost of the product or service purchased. This could be deemed unconscionable or unenforceable in court, especially in consumer contracts, and may not withstand scrutiny under state consumer protection laws. The financial exposure from an invalid limitation could exceed $1 million in litigation and settlement costs.

Legal Analysis

critical Risk

Removed

Added

NeitherTo the fullest extent permitted by applicable law, Rip City Management LLC norand its agents or affiliates (collectively, “RCM”) will under any circumstancesshall not be liable to you for any consequential, incidental, or special damages except where such limitation is prohibited by law (including but not limited to lost profitsconsumer protection statutes) arising out of your use in any manner of the RQ Website, even if apprised of the likelihood of such damages occurring. Notwithstanding the foregoing,In no event shall RCM’s aggregate liability is limited toexceed the actual costgreater of any product or service purchased(a) the total amount paid by you throughfor products or services in the RQ Websitepast 12 months, or (b) $1,000.

Legal Explanation

The original clause is overly broad and may be deemed unconscionable or unenforceable. The revision aligns with legal standards, preserves enforceability, and limits financial exposure.

3. Insufficient Clarity on Third-Party Data Sharing The policy states that personal information may be shared with third-party sponsors or co-sponsors, but does not specify the scope, purpose, or safeguards for such sharing. This lack of specificity creates compliance gaps with CCPA and GDPR, which require clear disclosures and opt-out mechanisms. Regulatory fines for non-compliance can reach $7,500 per violation under CCPA.

Legal Analysis

high Risk

Removed

Added

We do not sell, trade, lease, rent, loan, or otherwise disclose the addresses on our mailing lists to any third party, except, possibly, a tenant of as specifically disclosed at the Rose Quarterpoint of data collection and only with your explicit consent. Any sharing with third-party sponsors or a co-sponsor of a contest or sweepstakes who is denoted as such onsponsors will be limited to the signpurposes identified, subject to appropriate data protection agreements, and will include a clear opt-in/information formout mechanism as required by applicable law.

Legal Explanation

The original clause lacks specificity and fails to provide required disclosures and opt-out rights under CCPA and GDPR. The revision ensures compliance and transparency.

4. Outdated Policy and Lack of Change Notification Mechanism The policy’s last update was in 2017, and while it mentions that changes will be posted, it does not require affirmative notification or re-consent for material changes. This creates a risk of retroactive application of terms and undermines enforceability, especially under evolving privacy laws. Failure to update users could result in regulatory action and reputational harm.

Legal Analysis

medium Risk

Removed

Added

If we make any material changes to this Policy, those changeswe will be posted here so that you are always aware of what personal information is collected, how that information is used, and under what circumstances that information may be disclosed. Since this Policy may change from timeprovide advance notice to timeusers through prominent means (e.g., you should review it periodicallyemail notification or website pop-up) and specifically before you provide any additional Personal IDobtain renewed consent where required by law. Your continuedContinued use of the RQ Website following the posting of changes to this Policyafter such notice will signal yourconstitute acceptance of suchonly if legally permissible; otherwise, explicit re-consent will be required for material changes affecting user rights.

Legal Explanation

The original clause does not require affirmative notification or re-consent for material changes, which is increasingly required under privacy regulations. The revision ensures users are informed and their consent remains valid.

Conclusion: Proactive Legal Protection is Essential Our analysis shows that Veterans Memorial Coliseum’s current terms contain critical legal and logical gaps that could result in regulatory fines, costly litigation, and reputational damage. Proactive updates—such as clarifying consent, specifying third-party data sharing, strengthening liability language, and implementing robust change notification—are essential to minimize risk and ensure enforceability.

**Are your terms keeping pace with evolving privacy laws? How much risk are you carrying due to outdated or ambiguous clauses? What would a regulatory audit reveal about your compliance posture?**

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*This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. Please refer to erayaha.ai’s terms of service regarding liability limitations.*