These Terms and Conditions are effective as of January 1, 2020.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS AND CONDITIONS AGREEMENT OR THE WEB SITE, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-866-SHOP-NBA 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7839, OUTSIDE THE UNITED STATES).
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE STORE WILL BE RESOLVED. FOR EXAMPLE, SECTION 17 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS. While there are significant points throughout these Terms, please note Section 14 and 15 contain important limitations on our liability.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Welcome to NBAStore.com. The following terms and conditions (the “Terms and Conditions”) contain the terms and conditions applicable to you and your access to and use of this web site, www.store.nba.com, including the mobile version, if applicable (collectively, the “Online Store” or "Web Site"). The Web Site is operated by Fanatics Retail Group North, LLC (“FRGN”), or one of its subsidiaries or affiliates (the “Fanatics Entities”) on behalf of NBA Media Ventures, LLC ("NBA") and/or its affiliated entities (together with the NBA, the “Partner Entities”). When used herein, the terms “we,” “us” or “our” include FRGN, the Fanatics Entities and the Partner Entities
1. Acceptance of Terms and Conditions. BY ACCESSING AND USING THE ONLINE STORE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ONLINE STORE. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Your continued use of the Online Store following the posting of any changes to these Terms and Conditions means that you accept such changes. Your access to and use of the Online Store will be governed by the Terms and Conditions in effect at the time of such access or use. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site
2. Other Sources of Terms and Conditions; Promotions and Coupons. Certain provision of the Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Web Site, and, additionally in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Web Site ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.
If an Offer does not contain Additional Terms, then only these Terms and Conditions apply. Under these Terms and Conditions, unless otherwise prohibited by law, any Offer: (a) is valid only at the store identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.
4. Unauthorized Use. You may not use the Web Site for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms and Conditions may immediately and automatically terminate your right to use and access the Web Site and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Web Site. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Web Site include, but are not limited to:
5. Products, Content and Specifications; Accuracy. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Web Site by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Web Site, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
6. Shipping; Limitations; Acceptance. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).
7. FanCash. FanCash is a loyalty discount redeemable only toward future purchases on websites then offering FanCash or, at our discretion, certain other websites operated by us or one of our affiliates. No consideration is required from you to obtain FanCash. In order to obtain FanCash you must make a qualifying purchase through a website which is then offering FanCash (i) while logged into a customer account registered with a valid email address, or (ii) as a guest and claiming the FanCash by creating a customer account or logging into your existing customer account prior to your next order (as specifically instructed after your purchase). All merchandise (including sale and promotional items) is eligible for earning FanCash, excluding gift cards. If you return merchandise, FanCash used towards the purchase will be credited to your FanCash balance, and Fanatics reserves the right to deduct FanCash earned on the purchase from your FanCash balance. When you login to your account, you may view your FanCash balance, which will be applied automatically toward the next qualifying purchase, and you will also be able to see which websites are currently offering FanCash. Use the same email address to login on each website in order to link your FanCash balance to the site, see your balance, and use your FanCash. Unless required by law, FanCash is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes. You will receive periodic emails about your FanCash balances and program news or promotions. FanCash expires at 11:59 PM EST 12/31 of the year in which it was earned, unless otherwise specified at the time of earning. We reserve the right to discontinue FanCash or modify the terms applicable to FanCash at any time. FanCash is a registered trademark of Fanatics, Inc. Fanatics, Inc.
8. Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2013 -2020, FRGN or its affiliates and suppliers. The contents of the Online Store are ©2013 - 2020, NBA Media Ventures, LLC, FRGN or their respective affiliates and suppliers. All rights reserved. FRGN also owns a copyright in this Web Site as a compilation. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, republish, create derivative works from, post, transmit, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. We reserve all rights not expressly granted in and to the Web Site’s content and services.
9. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered or unregistered trademarks, trade names and service marks of the NBA and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered or unregistered trademarks, trade names and service marks of their respective owners, including FRGN and its affiliates. Nothing contained on this Web Site, nor your access or use of this Web Site, grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of the NBA, FRGN or such other owner.
10. Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site in a manner than implies endorsement or association by us without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
12. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
14. DISCLAIMERS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THIS WEB SITE IS AT YOUR RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THE NBA, FRGN, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER THE NBA, FRGN, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
15. LIMITATIONS OF LIABILITY. Neither the NBA nor FRGN or any of their respective affiliates assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL THE NBA OR FRGN, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
16. Indemnity. You agree to defend, indemnify and hold FRGN, NBA, and each of their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, due to or arising out of (1) your use of the Web Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material, including User Communication, that you have submitted or transmitted to the Web Site or to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law; and/or (4) your activities or omissions in connection with the Web Site.
17. Arbitration/No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Web Site or Offers constitutes your acceptance of this provision.
As a condition of using the Web Site, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Web Site (except for small claims court Claims, if applicable), shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
18. Termination of Access or Account. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
19. Miscellaneous. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions and your account on the Web Site are personal to you and may not be transferred or assigned. Our performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions is determined to be illegal, invalid, void or for any reason unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall be unaffected and shall continue to be fully valid, binding and enforceable. For the avoidance of doubt, these Terms and Conditions apply solely to the extent permitted by law.
21. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 1-866-SHOP-NBA.