Terms Of Use

1. Website Ownership
The Website is owned by National Junior Basketball ("NJB"). All materials distributed in the Website (the "Materials") are either owned by or licensed to NJB. NJB and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of NJB. Materials must not be used in any unauthorized manner.

  • Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), NJBL has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website.

2. Message Features

  • Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate 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 a virus or other harmful component; (vi) contains any information, software 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; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.

    In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by NJB. 

  • License.  By transmitting any Message or Screen Name, you are granting NJB a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
     
  • Message and Screen Name Review. NJB and its vendors act as a passive conduit in connection with your use of Message Features. NJB and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by NJB or its vendors.
     
  • You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and NJB and its vendors other than as expressly set forth in this Agreement.

3. NJB may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. NJB may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Terms of Sale Sales from the Official Store ("Store"), are subject to the following terms and conditions:

  • The Store in the Website allows you to order products supplied by independent merchandise vendors (the "Vendors").
     
  • ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. NJB EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE. NJB reserves the right to modify the price of any Merchandise or Services. NJB is not responsible for any error in copy or images relating to Merchandise or Services. Any merchandise may be discontinued at any time in NJB's sole discretion.
     
  • With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, we do charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Store or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
     
    • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
       
    • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
       
  • Gift Certificates. Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates (each, a "Gift Certificate). Gift Certificates are redeemable solely for purchases in the Store. All Gift Certificates are denominated in U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. NJB is not responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is lost, stolen, destroyed, altered or used without your permission will not be replaced or refunded. NJB will not honor Gift Certificates obtained by fraud or theft. Gift Certificates are not redeemable for cash. If the value of your Gift Certificate is greater than the amount of your total purchase, you will be able to use the remaining Gift Certificate balance for future purchases, subject to these terms of use. If the value of your Gift Certificate is less than the amount of your total Store purchase, you must use a credit card in order to complete your purchase.
     
  • With respect to the sale of certain Merchandise through Auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):
     
  • SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
     
  • Purchasing; Price; Payment. In order to purchase Merchandise, the Services or tickets on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise and Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. NJB may bill your credit card at the time the Services or Merchandise is ordered or shipped, and the appropriate NJB Chapter or our vendor may bill your credit card at the time your merchandise are ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. NJB may in its sole discretion decline service to or terminate any account. Neither NJB, its Vendor nor any NJB Entity is responsible for and must not be held liable for any breaches in transaction security by any third party.

5. Votes; Contests; Sweepstakes

The Website may offer you opportunities to vote in connection with certain events including the Championship Games and also to enter contests. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

6. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by NJB or any of its affiliates of any third party Web site or content. NJB is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

7. Disclaimer of Warranties

  • A. USE OF THE WEBSITE, THE SERVICES, TICKETS, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
     
  • B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
     
  • C. NJB DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
8. Limitations on Liability
  • A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY NJB OR ANY ACT OR FAILURE TO ACT BY NJB OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
     
  • B. IN NO EVENT SHALL NJB BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
     
  • C. IN NO EVENT SHALL NJB, ITS VENDORS OR ANY OTHER NJB ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, EVENTS OR LEAGUES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NJB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF NJB IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF NJB, ITS VENDORS AND ANY NJB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE.
     
  • D. IN NO EVENT SHALL NJB OR ANY OTHER NJB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

9. Indemnification

You hereby agree to indemnify and hold NJB, NJBL, Championship Series, NJB Tournaments, and their respective general and limited partners, members, directors, officers, employees, agents and representatives (collectively, the "NJB Entities") harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or related to: (A) your use of the Website, the Services, Merchandise and/or registration via the NJB website; or (B) any alleged breach of this agreement by you.

10. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Anaheim, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. NJB will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

11. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. NJB may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.