Terms of Use | NBA.com (original) (raw)

Terms of Use

WELCOME TO NBA.COM!

The NBA.com Terms of Use apply to your access and use of the digital platforms of the National Basketball Association (“NBA”), the NBA 2K League (“2K”), the Basketball Africa League (“BAL”), the G League, and each of their respective teams (together, the “Leagues”), including League websites (including, but not limited to nba.com, bal.nba.com, gleague.nba.com, and 2kleague.nba.com (together, “NBA.com”)), apps (e.g., mobile apps, tablet apps), and online content offerings (collectively, the “Services”). Please take the time to read the full Terms of Use. When you use the Services, you accept and agree to be bound by these Terms of Use and the NBA.com Privacy Policy. If you do not agree, please do not access or use the Services.

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, A CLASS AND COLLECTIVE ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU HAVE AN OPPORTUNITY TO OPT OUT OF THE ARBITRATION AGREEMENT AS SET FORTH BELOW. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your access and use of the Services after such changes have been posted.

TABLE OF CONTENTS 1. Ownership and Use Restrictions 2. Registration 3. Message Features 4. Submissions 5. Votes, Contests and Sweepstakes 6. Links 7. Modular Content 8. Mobile Content & Text Message Campaigns 9. NBA Statistics 10. NBA Store on NBA.com 11. Disclaimer of Warranties and Damages; Limitation of Liability 12. Notice 13. Indemnification 14. Termination of Service 15. Compliance with Applicable Laws/Regulations 16. Notice of Copyright Infringement 17. Dispute Resolution; Small Claims Court; Agreement to Arbitrate 18. Class Action Waiver; Jury Trial Waiver 19. Choice of Law; Forum Selection 20. Injunctive Relief 21. Miscellaneous

1. OWNERSHIP AND USE RESTRICTIONS

NBA.com is operated by NBA Media Ventures, LLC (“NBAMV”), NBA TV, LLC (“NBATV”), NBA Properties, Inc. (“NBAP”) (NBAMV, NBATV, and NBAP collectively referred to as the “NBA Entities”), and Turner Digital Basketball Services, Inc. (“Turner”) (Turner and the NBA Entities shall each, and collectively, be referred to herein as the “Operator,” “we,” “our,” and/or “us”).

The basketball-related content and materials contained within the Services (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos, and other intellectual property related to the Leagues and their member teams) (“Basketball Content”) are owned, licensed, controlled, and/or entitled to use by the Operator. No Basketball Content from the Services may be reproduced, republished, uploaded, posted, modified, reused, transmitted, reproduced, distributed, copied, publicly displayed, linked to, or otherwise used except as provided in these Terms of Use without the written permission of the Operator.

The Operator maintains the Services for your personal entertainment, information, education, and communication. Where the function is available, you may download material displayed on the Services to any single computer only for your personal, noncommercial use, provided you also maintain all intellectual property, including copyright and other proprietary notices contained on or associated with the materials. You may not, however, distribute, reproduce, republish, upload, display, modify, transmit, reuse, repost, link to, or use any materials of the Services for public or commercial purposes on any other Website, social media platform, or otherwise without the written permission of the Operator. Modification of any materials displayed on the Services is a violation of the Operator’s intellectual property, including copyright and other proprietary rights.

The National Basketball Association (“NBA”) name and logo and the names, symbols, logos, trademarks, service marks, computer links, emblems, designs, uniform trade dress, trade dress colors, game action photographs, video footage, and other identifications and/or content of NBA.com, the NBA, the Leagues, and the Leagues’ respective teams are the exclusive intellectual property (collectively, “Intellectual Property”) of NBA Properties, Inc., the Leagues, and/or their respective teams. All other trademarks, logos, names, symbols, service marks, computer links, emblems, designs, trade dress, photographs, footage, and other identifications and/or content appearing on the Services are the Intellectual Property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property, including trademarks and/or copyrighted works, displayed on the Services without the written permission of its respective owner. Your use of the Intellectual Property, including trademarks and/or copyrighted works, displayed on the Services, or any other content on the Services, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Services are either the property of, used with permission by, or entitled to use by the Operator. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operator neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with the Operator.

2. REGISTRATION

  1. Registration Data: If you create an account while using the Services or otherwise opt to register for any portion of the Services (including, mobile alerts and other mobile entertainment content, such as news, scores, videos, and other information or data via SMS, MMS, WAP, BREW, and other means of mobile content delivery to certain compatible mobile devices (together, the “Mobile Service”)), you agree to: (i) provide true, accurate, and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services or the Mobile Service (or any portion thereof). You acknowledge and agree that the Operator shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Services or the Mobile Service or your account. You further agree that the Operator is authorized to verify such Registration Data.
    You acknowledge and agree that the Operator may rely on the Registration Data to send you important information and notices regarding your account and the Services. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see Section 8 below (titled “Mobile Content and Text Message Campaigns”).
  2. Username and Password: If you opt to register for any portion of the Services (including the Mobile Service), you may be required to establish an account and provide a username and password. You authorize the Operator to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Operator of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, and/or liabilities made through the use of your username and password. In no event will the Operator be liable for the unauthorized use or misuse of your username and/or password. The Operator may need to change usernames allocated to certain of our products and services and the Operator reserves the right to do so. You will be informed of this if the Operator makes such a change. The Operator collects and uses your username, password, and other Registration Data in accordance with the Privacy Policy for the Services.
  3. Access Without Registration: The Services may provide you with access to some products and services without you having to register as a user. In each such case your identification is based on means of identification that the Operator deems appropriate.

3. MESSAGE FEATURES

The Services may offer opportunities for you to send messages or postings in connection with various features including Wish Lists, Fan Favorites Lists, Customer Reviews, discussions, postings, transmissions, bulletin boards, email, chats with special guests, online polls and petitions, AI-powered chatbot, and forums to communicate with other users (“Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the Privacy Policy of the Services.

You must use Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) restricts or inhibits any other user from using and/or enjoying the Services; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (v) contains or introduces a virus, a worm, a time bomb, a time lock, or any other malicious or harmful component; (vi) contains any information, software, code, or other material of a commercial nature; (vii) contains advertising, promotions, or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.

The Operator shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive, or inappropriate. Depending on the nature of the violation, the Operator shall have the sole discretion to terminate your access to the Services. Please be advised that the Operator may cooperate with any law enforcement authorities or court order requesting or directing the Operator to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy for the Services.

Although the Operator may from time to time monitor or review Messages submitted in or generated by the Message Features on the Services, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. The display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.

Messages submitted through the Message Features, including, but not limited to, any data, questions, comments, or suggestions, are, and will be treated as, nonconfidential and nonproprietary. Messages also include answers generated by the Message Features. By submitting a Message through the Message Features, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied, or other relationship between you and the Operator other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in Section 4 below.

4. SUBMISSIONS

By transmitting any Message (see Section 3 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, or materials (collectively, “Submissions”), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Messages and Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you through the Services may be used by the Operator for any purpose, now or in the future, without any attribution or payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online, or other use or publication of your Submission.

  1. Solicited Submissions: Occasionally, the Operator may solicit Submissions from visitors to the Services, including, but not limited to, information, ideas, artwork, creative materials or input, or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above
  2. Unsolicited Submissions: Although we are pleased to hear from you and welcome your comments regarding the Services and the NBA, unfortunately, the Services’ policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts, or materials developed by the Operator or the NBA might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions, and we will not incur any liability as a result of any similarities between your Submissions and future NBA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of all the Rights described above.

5. VOTES, CONTESTS AND SWEEPSTAKES

The Services may offer you opportunities to vote in connection with certain events including, but not limited to, All-Star Game balloting, promotional offers, and also to enter contests and sweepstakes. By casting a vote, accepting promotional offers, or entering contests or sweepstakes, you agree to all additional terms and conditions set forth on the Services applicable to the balloting, offers, contest, or sweepstakes, as well as to the terms set forth in these Terms of Use

6. LINKS

The following restrictions (“Linkage Restrictions”) apply to all links to the Services from any online, cable, wireless, or other website, service, or browser:

  1. Online, cable, wireless, or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel), brand (e.g., Nike or Gatorade), or service (e.g., Internet service providers or ticket sellers) (a “Commercial Site”) may not link to any of the Services without the written permission of the Operator, even if the page and/or area where the link originates does not promote a product, brand, or service.
  2. Sites, services, or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Services without the express written permission of the Operator if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “NBA.com,” “The Official Services of the National Basketball Association,” or “The Official Services of the Lakers”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page and/or area containing such word link.
  3. The NBA.com logo or any other logo of the Leagues their teams (a “logo” link) may not be used to link to NBA.com without the written permission of the Operator.
  4. No link to the Services may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.
  5. All links to Services from a Permissible Site must be to the Services’ home page or to the homepage of a particular team — links to internal pages within the Services (e.g., a player page, a photo gallery, or a feature article) other than to the home page of a League’s team are not permitted.
  6. The posting or creation of any link to the Services signifies that you have

7. MODULAR CONTENT

The Operator of the Services may provide certain content, including, but not limited to, graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service other than the Services (“Modular Content”). To the extent that the Operator makes Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.

By using Modular Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (i) obscure the Operator’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, facilitate another party’s assertion or implication of ownership or authorship of the Modular Content, or remove any trademark, copyright, or other proprietary notations on the Modular Content; (ii) excerpt or edit the Modular Content, except as specifically permitted by the Operator; or (iii) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (b) may constitute, advocate, or encourage conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (c) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains, introduces, or may be associated with a computer virus, worm, time bomb, time lock, or any other malicious or harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact; (f) contains any information, software, or other material of a commercial nature; or (g) contains advertising, promotions, or commercial solicitations of any kind.

Although the Operator is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, the Operator may monitor the websites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website or other online, cable, wireless, or other service if the Operator or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any website or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that the Operator has exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that the Operator may implement and use protections to limit the websites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that the Operator may not specifically advise you of the existence or nature of these protections.

The Operator provides Modular Content, if at all, on a voluntary basis. The Operator expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.

By viewing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD THE OPERATOR HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of Section 13 of these Terms of Use.

Notwithstanding any statement to the contrary by the Operator or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and the Operator, or between the Operator and any third party, other than pursuant to these Terms of Use.

8. MOBILE CONTENT & TEXT MESSAGE CAMPAIGNS

  1. Mobile Service. You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage, or support others’ attempts to) circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Services and is therefore subject to the other provisions of these Terms of Use. In addition, on Services pages where the Mobile Service (including any Mobile Alert) is offered, the Operator may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
  2. Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Operator’s operations. Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
  3. Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device
  4. Who Can Receive Text Messages? By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Use, which form a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts. You are responsible for notifying the Operator immediately if you change your mobile number. You agree to indemnify the Operator in full in connection with any third-party claims related to or caused by your failure to immediately notify the Operator if you change your mobile number.
  5. Cancellation of Text Messages. To stop receiving text messages from a specific Operator text message program, simply text “STOP” to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one Operator text message program, you will need to text “STOP” to the short code provided for each program from which you no longer wish to receive text messages. You understand and agree that texting “STOP” does not constitute a “do not call” request. You understand and agree that terms other than “STOP” may not be recognized as a cancellation request and the Operator bears no responsibility for not processing an opt-out that uses a term other than “STOP.”
  6. What If I Want More Information? To request more information, simply text “HELP” to the short code provided in the Operator text message program about which you have questions.
  7. How Many Text Messages Will I Receive? The number of text messages you receive from an Operator text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency (or recurring nature) of text messages are included in the description of each Operator text message program. To the maximum extent permitted by applicable law, you and the Operator agree that text messages may be sent between you and the Operator at any time of day.
  8. Who Are the Participating Carriers? Content is not available through all Carriers and Carrier participation could change. Consult with your Carrier to see if it participates in a particular text message program. The content is not compatible with all mobile phone models. The Operator will not be liable for any delays in the receipt of any text messages or changes to participating Carriers, as delivery is subject to effective transmission from your Carrier with active participation at that time.
  9. How Are the Text Messages Sent? The Operator and/or its vendor may use automated or non-automated technology to send the text messages described above to the mobile phone number you provide when you request to receive the text messages. Consent is not a condition of the purchase of any goods or services

9. NBA STATISTICS

The Operator of the Services may make available through the Services statistics, including statistics generated and/or calculated by the Operator using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with League and/or Women’s National Basketball Association (“WNBA”) games, competitions, or events (collectively, “NBA Statistics”). By using such NBA Statistics, you agree that: (i) any use, display, or publication of the NBA Statistics shall include a prominent attribution to NBA.com in connection with such use, display, or publication; (ii) the NBA Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes; (iii) the NBA Statistics may not be used in connection with any sponsorship or commercial identification; (iv) the NBA Statistics may not be used in connection with any gambling activity (including legal gambling activity); (v) the NBA Statistics may not be used in connection with any fantasy game or other commercial product or service; (vi) the NBA Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any NBA game; and (vii) the NBA Statistics may not be used in connection with any website, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from NBA, WNBA or G-League games, competitions, or events without the Operator’s express prior consent.

10.NBA STORE ON NBA.COM

  1. The NBA Store on NBA.com (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor, Fanatics Retail Group North, LLC, or one of its subsidiaries or affiliates (together, “Fanatics”). By placing an order through the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Fanatics can be reached by using the contact information provided below.
  2. By placing an order on the Store, you agree to pay Fanatics all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Operator, Fanatics, or your credit card issuer. Fanatics may bill your credit card at the time Merchandise is ordered. Fanatics may, in its sole discretion, decline service to or terminate your Store account without notice.
  3. The Operator reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
  4. You may have the option to personalize certain Merchandise ordered through the Store (e.g., jerseys). The Operator reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Operator deems to be illegal, offensive, or inappropriate.
  5. Questions relating to the Store, Merchandise, and its fulfillment should be directed to Fanatics either by: (i) email to customerservice@nbastore.com or (ii) telephone at 1-866-SHOP-NBA. You may also refer to the Contact Us section of the Store for more information

11. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

While the Operator uses reasonable efforts to include accurate and up to date information in the Services, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Services (including, but not limited to information contained in Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Services.

Neither Turner, the NBA Entities, the Leagues, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, licensors, suppliers, or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained in the Services are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THE SERVICES 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 OPERATOR PARTIES 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 OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES ARE ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK..

NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE OPERATOR FROM YOU FOR THE USE OF THE SERVICES DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TERMS OF USE AND/OR THE SERVICES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SERVICES, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS.

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.

The Services may contain links and pointers to other websites, resources, and advertisers of the Services. Links to and from the Services to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third-party site or content. The Operator is not responsible for the availability of these third-party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Services and is not responsible for the content of any off-Services pages or any other sites linked to the Services. Your linking to the Services, off-Services pages, or other sites is at your own risk. By clicking on any such link, you acknowledge that the Services have no control over, and make no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator.

We use YouTube API Services and by using the Services, you agree to be bound by the YouTube Terms of Service located here.

12. NOTICE

The Operator may give notice to users of the Services by means of a general notice on the Services, electronic mail to a user’s email address if on record in the Operator’s account information, or by written communication sent by first class mail to a user’s address if on record in the Operator’s account information. You may give notice to the Operator (such notice shall be deemed given when received) at any time by any of the following means:

  1. email to FanRelations@NBA.com;
  2. letter delivered by first class postage prepaid mail or courier to NBA Account Relations, at the following address:
    NBA Account Relations
    645 Fifth Avenue
    New York, NY 10022
    Attn: Legal Department

Note: This Section 12 does not apply to a Notice of Copyright Infringement (Section 16) or a Notice of Dispute (Section 17).

13. INDEMNIFICATION

You hereby agree to indemnify and hold the NBA Entities, the Leagues, and Turner, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Services, including, but not limited to use of any Message Feature, Modular Content, or the Store; and (ii) any breach or alleged breach of these Terms of Use. For purposes of this Section 13, “you” includes you and all authorized or unauthorized users or beneficiaries of Services under these or prior Terms of Use.

14. TERMINATION OF SERVICE

The Operator may change, suspend, or discontinue any aspect of the Services at any time, including, but not limited to, the availability of any Services feature, database, or content. The Operator may also impose limits on certain features and services or restrict your access to parts or the entirety of the Services without notice or liability at any time in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Services or conduct which the Operator believes is harmful to other customers, to the Operator’s business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use of and access to the Services and destroy all materials obtained from them.

15.SOFTWARE/COMPLIANCE WITH APPLICABLE LAWS/REGULATIONS

You agree to comply with all applicable laws, rules, and regulations in connection with your access to and use of the Services. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms of Use. You further represent and warrant that you are not (i) identified in the U.S. Treasury Department’s Office of Foreign Assets Control’s (“OFAC”) list of Specially Designated Nationals (ii) accessing the Services from a jurisdiction subject to an OFAC embargo or sanctions program, or (iii) using the Services in any way that would cause us or you to be in violation of a U.S. sanctions program, embargo, trade restriction, or anti-terrorism law. We reserve the right to disclose any information about you or your use of the Services in connection with any investigation by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request in accordance with the Privacy Policy for the Services.

16. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

  1. identification of the copyrighted work claimed to have been infringed;
  2. identification of the allegedly infringing material on the Site that is requested to be removed;
  3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
  4. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement

The copyright agent for notice of claims of infringement on the Site is:

DMCA Agent
NBA Media Ventures, LLC
645 Fifth Avenue
New York, NY 10022
Phone: 212-407-8000
Fax: 212-223-5159
Email: dmca@nba.com

17. DISPUTE RESOLUTION; SMALL CLAIMS COURT; AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION 17 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION 17 AS SET FORTH BELOW.

You and we agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

For purposes of this Section 17, references to “Operator,” “we,” and “us” include the NBA Entities, the Leagues, and Turner, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing. References to “you” and “us” include you and all authorized or unauthorized users or beneficiaries of Services under these or prior Terms of Use.

Definition of Dispute

For purposes of this Section 17, “Dispute” is defined as a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of, the Site, 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:

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

Before initiating a proceeding in arbitration or small claims court, you or the Operator must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or by an Operator representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain all of the following information: (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 as specifically provided in Section 16 (Notice of Copyright Infringement), you must send any such Notice of Dispute to the Operator via email at notice@nba.com. The Operator must send any such Notice of Dispute to you at the contact information the Operator has on file for you via email. The Operator and you 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).

The Operator and you shall 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 the Operator agree to participate in an effort to resolve the Dispute. Should the Operator make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the Operator agrees to have a representative attend this conference (with counsel, if the Operator is represented). Neither you nor the Operator may initiate an arbitration or small claims court proceeding absent full compliance with this Mandatory Pre-Dispute Resolution Process. 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 the Operator engage in this informal process.

After completion of this Mandatory Informal Pre-Dispute Resolution Process, you and the Operator may resort to the other alternatives described in this Section 17.

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 shall 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).

Arbitration

Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Pre-Dispute Resolution Process shall be resolved by binding arbitration to be held in the county or parish in which you reside.

For residents outside the United States, arbitration shall be initiated in New York, New York, and the Operator and you, consistent with the venue provisions below, agree to submit to the personal jurisdiction of any state or federal court in New York County, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Arbitration Procedures

The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms of Use, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at “www.namadr.com.” If NAM is unable or unwilling to administer the arbitration consistent with these Terms of Use, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so.

The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this Section 17. You may obtain a form to initiate arbitration at “https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf” or by contacting NAM. If you are initiating arbitration, you shall serve the demand on the Operator via email at notice@nba.com. If the Operator is initiating arbitration, the Operator shall serve the demand via email at the contact information the Operator has on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

The NAM Rules shall govern the payment of all arbitration fees. Notwithstanding the foregoing, the Operator will consider a request to reimburse your portion of the arbitration fees upon a showing of hardship in its sole discretion and assuming you do not qualify for a waiver from NAM. You and the Operator agree that arbitration is designed to be cost-effective for all parties. Either party may engage with NAM to discuss fee reductions and deferred payments.

All issues are for the arbitrator to decide except the following items (which are for a court of competent jurisdiction to decide): (i) issues that are specifically reserved for a court in this Section 17; (ii) issues related to the scope and enforceability of the arbitration provisions; and (iii) whether a Dispute can or must be brought in arbitration.

The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator must follow these Terms of Use and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and the Operator otherwise agree, one person’s claims may not be consolidated with those of any other person. If the court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and the Operator agree that any claim or request for public injunctive relief shall be stayed and resolved by the court pending arbitration of the remaining claims and requests for relief.

The decision of the arbitrator will be in writing and binding and conclusive on the Operator and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.

The Operator and you agree that dispositive motions, including, without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration.

Each party reserves the right to request a telephonic, video, or in-person hearing in arbitration. Should either party make such a request, a hearing shall be held. You and the Operator’s representative shall personally appear at any hearing requested by a party or otherwise ordered by the arbitrator (along with your and the Operator’s counsel, if represented). If an in-person hearing is held, it shall be conducted at a location reasonably convenient to you or at another mutually agreed-upon location.

Additional Procedures for Mass Filings

The following provisions set forth additional procedures that apply to mass filings. If twenty-five (25) or more similar claims are asserted against the Operator by the same or coordinated counsel or are otherwise coordinated, consistent with the definition and criteria of Mass Filings set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing.

The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.

Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either

Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

You and the Operator agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and the Operator acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.

A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these Additional Procedures for Mass Filings apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms of Use.

Opt Out of Arbitration

You have the right to opt out of arbitration by sending the Operator a personally signed, written notice of your decision to opt out via email to notice@nba.com within thirty (30) days of your first access or use of the Site.

Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to opt out of arbitration. As referenced above, this notice must be sent within thirty (30) days of your first access or use of the Site, otherwise you shall be bound to arbitrate any Disputes in accordance with the terms of these provisions. If you opt out of arbitration, the Operator also will not be bound to arbitrate. If you do not affirmatively elect to opt out as described above, your access or use of the Site will be deemed to be your irrevocable acceptance of this Section 17. By opting out of arbitration, you agree to resolve any Disputes consistent with these Terms of Use.

Opt Out of Future Changes

If the Operator makes any future change to the arbitration provisions (other than a change to the notice address), you may reject any such change by sending the Operator a personally signed, written notice of your decision to opt out of those changes via email to notice@nba.com. This notice must be sent within thirty (30) days of notice of the change and include: (i) your full name; (ii) your mailing address; (iii) your phone number; (iv) if applicable, the username and email address associated with any account or newsletter; and (v) when and how you interacted with the Operator. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.

Severability; Application to Parent and Affiliates

Except as specifically provided herein, if any clause within this Section 17 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.

The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of the Operator 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.

18. CLASS ACTION WAIVER; JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this Section 18, references to “Operator” include the NBA Entities, the Leagues, and Turner, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing. References to “you” and “us” include you and all authorized or unauthorized users or beneficiaries of Services under these or prior Terms of Use.

You and the Operator agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and the Operator may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and the Operator may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or the Operator may participate in a class-wide settlement.

To the fullest extent permitted by law, you and the Operator waive any right to a jury trial.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.

19. CHOICE OF LAW

For purposes of this Section 19, references to “Operator” include the NBA Entities, the Leagues, and Turner, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing. References to “you” and “us” include you and all authorized or unauthorized users or beneficiaries of Services under these or prior Terms of Use.

These Terms of Use and any Disputes between you and the Operator will be governed by the laws of the State of New York without regard to its principles of conflicts of laws. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The Operator will be entitled to recover court and arbitration costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms of Use.

Unless you and the Operator agree otherwise, to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any Disputes between you and the Operator (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms of Use (including the arbitration provisions and class action waiver). You and the Operator consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.

20. INJUNCTIVE RELIEF

You acknowledge and agree that any violation of these Terms of Use relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the Services and/or its associated services and/or offerings may result in irreparable injury and damage to the NBA Entities, the Leagues, and/or Turner that may not be adequately compensable in money damages, and for which the NBA Entities, the Leagues, and/or Turner will have no adequate remedy at law. You, therefore, consent and agree that the NBA Entities, the Leagues, and/or Turner may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Use. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.

21. MISCELLANEOUS

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and the NBA Entities, the Leagues, and/or Turner. The NBA Entities, the Leagues, and/or Turner in their sole discretion may amend these Terms of Use, and your access and use of the Services after such amendment is posted on the Services will constitute acceptance of such amendment by you, except as specifically provided herein. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. Except as specifically provided herein, if any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

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LAST UPDATED: February 20, 2023

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