The following is a legal agreement between National Basketball Events,
Inc., a California corporation ("NBE," "NationalBasketball.com," "we," "us," or "our")
and the user of this Site ("you," "customer," or "licensee").
By accessing, browsing and/or using this Web site ("Site"),
you acknowledge that you have read, understand, and agree to be bound
laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS
AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS
AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please
do not use this Site.
Your Use of the Site and Service
NBE hereby grants you a limited license to access and use this Site,
but not to download (other than page caching) or modify it, or any
portion of it, except with our express written consent. This license
does not include any resale or commercial use of this Site or its contents;
any collection and use of any product listings, descriptions, or prices;
or any derivative use of this Site or its contents. You may not frame
the Site or post materials from the Site on other web sites without
our express written consent. You may not use any meta tags or any other "hidden
text" using our name or trademarks without our express written
consent. Any unauthorized use terminates the permission or license
granted by to you by this agreement. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to our home page so long
as the link does not portray NBE, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
The products, technology, and/or processes described and/or used on
this Site may be the subject of intellectual property rights reserved
by NBE or other third parties. Except for the limited license granted
above, nothing contained herein shall be construed as conferring to you
in any manner, whether by implication, estoppel, or otherwise, any license,
title, or ownership of or to any intellectual property right of NBE or
any third party.
All content included on this Site, such as text, graphics, logos, button
icons, images, audio clips, and digital downloads, is the property
of NBE and/or its third party suppliers and is protected by United
States and international copyright laws. The compilation of all content
on this Site is the exclusive property of NBE and is protected by U.S.
and international copyright laws. All software used on this site is
the property of NBE's software suppliers and is protected by United
States and international copyright laws. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create
derivative works from, perform, display, incorporate into another web
site, or in any other way exploit any of the content of this Site,
in whole or in part, without our specific permission.
NBE, the NBE and Event logos, the NBE Site layout and other marks or
dress indicated on our site are trademarks or trade dress of NBE. NBE's
trademarks and trade dress may not be used in connection with any product
or service that is not from NBE, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
NBE. All other trademarks not owned by NBE that appear on this Site
are the property of their respective owners. Use of the NBE trademarks
as a meta-tag for search engines is strictly prohibited.
more information, please review our full Privacy
Risk of Loss
All items purchased from NBE are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you
upon delivery by us or our suppliers to the carrier.
Warranty Restriction and Limitation of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES INCLUDING,
BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, OR AGAINST INFRINGEMENT.
NBE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DESIGNS AVAILABLE ON THE
SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. THEY MAY BE DELISTED AT OUR
NEITHER NBE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY
TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION
PROVIDED AT THE SITE, EVEN IF NBE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, INFRINGEMENT,
NUISANCE AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF
LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT NBE AND ITS AFFILIATES' AGGREGATE LIABILITY
SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT OR FOR ANY PRODUCTS
YOU PURCHASED FROM NBE .
Product Informational Disclaimer
It is our intent to provide the most accurate and up-to-date information
available throughout the Site. Occasionally, information on this Site
may contain typographical errors, inaccuracies, or omissions that may
relate to the events, product descriptions, pricing, and/or availability.
NBE does not warrant that event information, product descriptions or
other content of this site is accurate, complete, reliable, current,
or error-free. NBE reserves the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without
prior notice. If a product offered by NBE itself is not as described,
your sole remedy is to return it in unused condition.
Links and Advertisements
NBE may, at times, feature on its Site links to third-party web sites.
These may appear in the form of text links, advertisements, banners,
buttons, integrated gift services, digital cash, digital gift certificates,
or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS
ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY
WAY WITH NBE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, FITNESS,
WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER.
WE WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR
AS A RESULT OF TRANSACTIONS WITH ANY ADVERTISER. YOU ARE ADVISED TO
USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
NBE welcomes comments regarding its products and services. However, our
policy is not to accept or consider creative ideas, suggestions or
materials other than those we have specifically requested. We hope
you will understand that the intent of this policy is to avoid misunderstandings
when projects developed by our staff are similar to someone else's
creative work. Accordingly, we must ask that you not send us any such
ideas. If, despite our request that you not do so, you send us creative
suggestions, ideas, notes, drawings, concepts or other information
(collectively, the "Information"), the Information shall
be deemed, and shall remain, the property of NBE, including any intellectual
property rights existing in the Information. None of the Information
shall be subject to any obligation of confidentiality on the part of
NBE and we shall not be liable or owe any compensation for any use
or disclosure of the Information.
NBE makes no representation that Materials on this Site are appropriate
or available for use in locations outside the United States. Those
who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with local laws.
You hereby indemnify, defend and hold harmless NBE and its affiliates,
and all officers, directors, owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified Parties") from
and against any and all liability and costs, including, without limitation,
reasonable attorneys' fees and court costs, incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
of this Agreement. You shall cooperate as fully as reasonably required
in defense of any such claim. NBE reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject to
indemnification by you.
Updates to Terms
NBE shall have the right to revise these Terms at any time by updating
this posting. By using this Site, you agree to be bound by any such
revisions and should therefore periodically visit this Site to determine
the then-current Terms to which you are bound.
Please contact us if you have any questions