Terms of Service
UNLESS YOU OPT-OUT, THESE TERMS OF SERVICE (THESE "TERMS OF SERVICE") CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESLOVE DISPUTES.
The below terms of service govern the internet sites operated by Basketball Properties, Ltd. (“BPL”, “we”, “our” and “us”). Our Internet sites offer a wide variety of resources, products, and services, which include shopping services, payment tools, communication methods, online directories, administrative services, and information, some or all of which may be accessed through a variety of means (all of which are collectively called our “Site” or “Sites”). The term “you” or “your” includes any of your subsidiaries, affiliates, and employees.
Your use of this Site in any form and/or your submission of any information through the Site constitute your agreement to be bound by these Terms of Service, your representation, warrantee and agreement to abide by any rules, policies, and guidelines in connection with such use, which are incorporated into herein by reference. Please read these Terms of Service carefully before you continue to use the Site or submit any information to BPL through the Site. IF YOU DO NOT AGREE TO ANY OF THE TERMS HEREIN OR AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR ANY SERVICES.
BPL may modify these Terms of Service from time to time without prior notice. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Service whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by these Terms of Service as modified. BPL reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that BPL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof). IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO BPL THROUGH THE SITE.
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states) or, if under the age of majority, involve a parent or guardian; (b) have legal capacity to enter into contracts; and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may use this Site. While this Site is only intended to be accessed from within the United States, if you choose to access it from outside the U.S., you are agreeing to be bound by U.S. law, U.S. jurisdiction for the resolution of claims relating to the Site, if any, and these Terms of Service.
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that BPL makes no warranty or representation nor can it ensure that use of any of our Site is protected from viruses, security threats, or other vulnerabilities. You transmit information to us at your own risk.
Accuracy and Availability of Products and/or Services
While every effort will be made to ensure that the descriptions, photographs, information, graphic depictions, product and service descriptions, or other content of the Sites is accurate, complete, reliable, updated, current, or error-free, BPL does not warrant that the Site is error free. In the event BPL determines that a product or service described on the Site contains an inaccurate price or description, BPL reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, unless prohibited by law. BPL, at is option, may have different prices on the Site than in its stores. BPL may make improvements or changes to any of its content, information products, services, or programs described on the Site at any time without notice. You agree to notify BPL immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services displayed on the Site and to comply with any corrective action. Your sole remedy in such event of any such error is to return the product (or cancel the service, if applicable) according to the terms of the return policy (or relevant agreement, in the case of a service, if applicable).
Trademarks (including but not limited to those belonging to and/or identifying Basketball Properties, Ltd., the Miami HEAT, The Miami HEAT Store, and/or the National Basketball Association) that are used or displayed on the Sites are owned by us or by other third parties that offer and provide products and services on or through the Sites. Our trademarks may not be copied or used, in whole, partial, or modified form, without our prior written permission or, if applicable, our licensee. In addition, BPL’s graphic interfaces, logos, designs, icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole, partial, or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any meta tags or any other “hidden text” utilizing our trademarks or product information without our express written consent.
Ownership of Content
Our Site includes a combination of content that we and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code, and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
BPL respects the copyright interests of others and, as such, requires our users to comply with these Terms of Service and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Service or your copyright please report the violation to [email protected] and provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an email address where we can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
BPL is pleased to hear from its customers and welcomes your comments regarding its products and services. Unfortunately, however, BPL’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must ask that you not send us any original or creative ideas, suggestions, or materials. While BPL does value your feedback on our services and products, we request that you be specific in your comments on those services and products, and do not submit any creative ideas, suggestions, or materials.
If despite our requests that you do not send BPL any such materials, you send BPL creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Contribution”), such Contribution shall be deemed, and shall remain, the exclusive property of BPL, unless prohibited by law in which case you hereby grant BPL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the Contribution in any manner whatsoever without compensation or attribution to you. Use of the Contribution shall not require permission from or payment to you or to any other person or entity. No Contribution shall be subject to any obligation of confidentiality, express or implied, on the part of BPL, and BPL shall not be liable for any use or disclosure of the Contribution. You represent and warrant that you own or otherwise control all of the rights to the Contribution that you post, that the Contribution is accurate and, that use of the Contribution you supply does not violate these Terms of Service and will not cause injury to any person or entity. Without limiting the foregoing, BPL shall exclusively own all now known or hereafter existing rights to any Contribution.
Links to Third Party Sites
Restrictions on Use of the Site
Subject to the terms and conditions of these Terms of Service, BPL hereby grants you a revocable, non-transferable, non-exclusive, personal, and limited license to use and view the Site solely for purposes of requesting or reviewing the Content in a manner consistent with all applicable laws and regulations, and not for any commercial use or for use with, or on behalf of, any third party. Additionally, you will not take any of the following actions with respect to our Site or Content, nor will you use our Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any Content or use our Site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive;
- infringes someone else's patent, trademark, trade secret, copyright, or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the Sites;
- is off-topic according to the description of the webpage, forum, or other interactive environment;
- contains 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;
- contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
- disrupts, interferes, or inhibits any other user from enjoying the Sites 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;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any of our copyrights or trademarks or domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
- reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content, including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Sites or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites 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, “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.
Limitation of Liability
IN NO EVENT WILL BPL, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND 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 SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED BPL ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF BPL UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR CONTENT TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Disclaimer of Warranties
THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, BPL 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 PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
BPL 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 service, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
By visiting or using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflicts of law, will govern these Terms of Service and any dispute of any sort that might arise between you and BPL.
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
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. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service.
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 Service as a court would. The decision of the arbitrator will be in writing and binding and conclusive on you and BPL, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Law Center of the Americas, LLC, 201 South Biscayne Boulevard, Suite 800, Miami, Florida 33131. 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 BPL 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 BPL understand that, absent this mandatory arbitration provision, you and BPL would have the right to sue in court and have a jury trial. You and BPL 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.
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 the county where you live or at another mutually agreed location.
For residents outside the United States, arbitration shall be initiated in Miami-Dade County, Florida, and you and BPL agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
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: General Counsel, 601 Biscayne Boulevard, Miami, Florida 33132 and [email protected]
You must provide your name, address, and email we can contact you on, 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 changes, if any, being made to the Site, 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, BPL 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 Service 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. 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 BPL agree to waive, to the fullest extent allowed by law, any trial by jury.
Class Action Waiver
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and BPL will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Service 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 BPL 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 Service or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any of BPL’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.
You agree to indemnify, hold harmless and, at our option, defend BPL (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 Service, your use of the Site, the Content, the Contribution, these Terms of Service, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with BPL or your use of our Site.
Termination of Right to Use Website
If you breach any of these Terms of Service, BPL may terminate your right to use the Site. Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of the Content or any other materials or information you have obtained from the Website.
No delay or omission by BPL to exercise any right or power occurring upon any breach of these Terms of Service shall impair any such right or power or be construed to be a waiver thereof. A waiver by BPL of any breach of these Terms of Service shall not be construed to be a waiver of any subsequent breach.
The determination that any provision of these Terms of Service 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.
The safety of children is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Site is not directed to children under the age of 13, and we do not knowingly solicit or collect any personal information from children under the age of 13 without obtaining the consent of a parent or guardian.
Last updated August 30, 2017
Copyright 2017 Basketball Properties, Ltd. All rights reserved.