Terms & Conditions of Website Use
Effective Date: 8/1/2016
SIXERS YOUTH FOUNDATION, INC. TERMS OF WEBSITE USE
TABLE OF CONTENTS:
1.) ACCESS AND USE OF THE WEBSITE
3.) LIMITED LICENSE; RESTRICTIONS
4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE
6.) LIMITATIONS OF LIABILITY
8.) LINKS FROM THIS WEBSITE
12). DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
13.) CLASS ACTION WAIVER
14.) LIMITED TIME TO FILE CLAIMS
15.) GENERAL PROVISIONS
16.) AMENDING THE TERMS AND CONDITIONS OF USE
17.) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
2.) OWNERSHIP: All of the content of this Website (“Content”), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software (“Software”), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to the Sixers Youth Foundation, Philadelphia 76ers, L.P., the National Basketball Association, and/or their respective affiliates, licensees, sponsors and advertisers and may not be reproduced without the prior written consent of the Sixers Youth Foundation, and the applicable affiliate, licensee, sponsor and advertiser.
3.) LIMITED LICENSE; RESTRICTIONS: You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of the Sixers Youth Foundation, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. The Sixers Youth Foundation does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.
You may not “frame” the Content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any Sixers Youth Foundation trademarks without the express written consent of the Sixers Youth Foundation.
4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE: “Forum” means a chat area, message board or e-mail function offered as part of this Website. If you participate in any Forum within the Website or furnish any material or information to the Website (“User Content”), you must not and User Content shall not:
a. defame, abuse, harass or threaten others;
b. make any bigoted, hateful or racially offensive statements;
c. advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
d. post or distribute any material that infringes and/or violates any right of a third party or any law;
e. post or distribute any vulgar, obscene, discourteous or indecent language or images;
f. advertise or sell to or solicit others;
g. use the Website or Forum for commercial purposes of any kind;
h. post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
i. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
j. restrict or inhibit any other user from using and enjoying the services or features of the Website;
k. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
l. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
m. use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
n. interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
o. gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
p. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
q. gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify the Sixers Youth Foundation immediately in the event of unauthorized use of your password or account; and (v) the Sixers Youth Foundation shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration. You must be thirteen (13) years of age or older to register for and receive certain membership benefits.
You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless the Sixers Youth Foundation for all claims resulting from User Content you post.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
5.) DISCLAIMER: THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SIXERS YOUTH FOUNDATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, THE SIXERS YOUTH FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SOFTWARE ON THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
While the Sixers Youth Foundation tries to provide accurate information on this Website, the Sixers Youth Foundation explicitly disclaims any responsibility for the accuracy, Content, or availability of information found on sites that link to or from this Website. The Sixers Youth Foundation cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. The Sixers Youth Foundation does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. The Sixers Youth Foundation does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. The Sixers Youth Foundation strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise the Sixers Youth Foundation (at the contact information provided below) if you discover any inaccuracy in the Content.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
6.) LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE SIXERS YOUTH FOUNDATION NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF THE SIXERS YOUTH FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE SIXERS YOUTH FOUNDATION OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
8.) LINKS FROM THIS WEBSITE: This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:
(a) All permitted links to this Website must be to the Sixers Youth Foundation Website home page (prucenter.com), and no link to the Website may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., AOL Internet Service), or public or nonprofit institution (e.g., State of New Jersey or the United Way) may not link to this Website without the prior written permission of the Sixers Youth Foundation, even though the page/area where the link originates does not promote a product, brand, service or institution.
(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of the Sixers Youth Foundation if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service) that, in the sole opinion of the Sixers Youth Foundation, is distasteful, offensive or may reflect adversely upon the reputation and good will of the Sixers Youth Foundation; (ii) the link is a plain text link and does not include any mark or logo directly associated with the Sixers Youth Foundation; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.
NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by the Sixers Youth Foundation of the Linked Services or the content thereof. The Linked Services are not under the control of the Sixers Youth Foundation and accordingly the Sixers Youth Foundation is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
10.) OFFERS: From time to time, Sixers Youth Foundation may be offer items for sale or auction at the Website. Such offerings may be changed or withdrawn at any time without prior notice, and the Sixers Youth Foundation reserves the right to order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly, the Sixers Youth Foundation cannot warrant the security of your personal information.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
12).DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Sixers Youth Foundation agree that any legal or equitable claim relating to use of Sixers Youth Foundation Websites or applications (referred to as a “Claim”) will be resolved as follows:
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.
The Arbitration will be held in Philadelphia, Pennsylvania, unless you and Sixers Youth Foundation both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Sixers Youth Foundation must do the following things:
(1)Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. You can find a copy of a Demand for Arbitration at www.adr.org.
(2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line:
To file by mail send the initial filing documents and the filing fee to:
AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. To file via fax send the initial filing documents and a completed charge card authorization form for the filing fee to 877-304-8457. To file by email send the filing documents and a check or a completed charge card authorization form for the filing fee to CaseFiling@adr.org. Charge card authorization forms are available at www.adr.org/Services/Forms. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register.
(3) Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Sixers Youth Foundation shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Sixers Youth Foundation agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.
13.) CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Essex County, New Jersey.
The terms of this provision will also apply to any claims asserted by you against Philadelphia 76ers, L.P. and its parent or affiliated companies 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.
14.) LIMITED TIME TO FILE CLAIMS: You and Sixers Youth Foundation agree that any Claim arising out of your use of any Sixers Youth Foundation Website or application will be asserted within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
15.) GENERAL PROVISIONS: Those who choose to access this Website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. The Sixers Youth Foundation does not represent that the Website and the services and Content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Website from outside the United States, you are solely responsible for compliance with any applicable foreign laws. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 12, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Philadelphia, Pennsylvania. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of the Sixers Youth Foundation to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted below.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
Notwithstanding the foregoing, nothing in this Section shall modify Subsection 12(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
Sixers Youth Foundation, Inc.
3 Banner Way
Camden, NJ 08103
Sixers Youth Foundation, Inc., a Pennsylvania non-profit corporation that enjoys IRC Section 501(c)(3) tax exempt status, is a distinct legal entity from Philadelphia 76ers, L.P., the legal entity that owns and operates the Philadelphia 76ers National Basketball Association member team. The official registration and financial information of Sixers Youth Foundation may be obtained from the Pennsylvania Department of State by calling toll free within Pennsylvania 1(800) 732-0999. Registration does not imply endorsement. Employer ID# 461683699.