Terms of Service
Last Updated and Effective Date: November 4, 2016
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 15), LIMITATIONS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 16), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 21). PLEASE READ THEM CAREFULLY.
1. This is a Legal Agreement.
These Terms of Service (the “Terms”) are a legal agreement between you and the National Lacrosse League, Inc. and its affiliates (“NLL”, “we” or “us”) governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the “Services”). The Services include, without limitation, nll.com, and NLLTV.com (“NLL TV”), (collectively, the “Site”), as well as any other Registration Services or Subscription Services (as defined herein). The term “you” refers to anyone who accesses, reviews, or in any way makes use of the Services.
SportsRocket, Inc. and/or a successor or permitted assign of SportsRocket, Inc. (“SportsRocket”) may operate portions of the Services and you agree that SportsRocket, its successors and permitted assigns, and its affiliates are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries hereof.
Please read the Terms carefully before using the Services. You may wish to print a copy of these Terms or save them to your device for future reference. Your use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not use the Services if you do not accept the Terms. We may modify the Services or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications. Please check this Agreement periodically for changes.
2. Prohibited Content and Activities.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
o Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
o Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
o Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers;
o Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
o Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
o Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
o Use or attempt to use another's information, account, password, service, or system except as expressly permitted;
o Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
o Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
o Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
3. Votes; Contests; Sweepstakes.
NLL may offer you opportunities to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth applicable to the event as well as the terms of this Agreement.
4. Information, News and Press Releases. The Site may contain information, news and/or press releases about the NLL and its affiliated organizations. While this information is believed to be accurate as of the date it was prepared, NLL and its affiliated organizations disclaim any duty or obligation to update such information.
5. Passwords and Access To Registration Service
1. That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
2. Not to share, transfer, lease, assign, sell, or sublicense any Password;
3. Not to circumvent the password restrictions of the Service, nor allow others to do so on your behalf;
4. Not to use anyone else's Password; and
5. To notify the NLL immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that your subscription to the Registration Services is personal to you and that you will not share your Password or grant any other person access to the Registration Services, using your Password or otherwise. You further acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Password. You further agree that NLL shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than the NLL. You may not use the Registration Services for any unlawful purpose or for any purpose other than as expressly authorized herein. The NLL shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Registration Services at any time for any reason or to refuse to permit you to use a Password for any reason, including but not limited to, that your Password impersonates someone else, is protected by trademark or other intellectual property rights, or is vulgar or otherwise offensive, as determined solely by the NLL in its sole discretion.
6. Subscription Services.
o Subscription Services. Certain Services, such as NLL Season Pass, may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms.
o Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with the NLL, and paid the appropriate fee; (ii) have received access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party's use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
o Devices and Minimum System Requirements. Some Subscription Services, such as NLL TV and other video services, are accessible only using certain devices that meet certain minimum system requirements. You should investigate Subscription Services before you pay for access to them to ensure that they will be compatible with your device, because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. For some devices, the payment for Subscription Services may be processed by the device provider. Those payments will be governed by the device provider's terms, including its cancellation and refund policy. Other restrictions, including restrictions on the availability of the devices or the Subscription Services in certain countries, may apply
o Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
o Billing and Payment.
o Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit or debit card information), and that you are the authorized holder of the credit or debit card.
o Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes (including any applicable VAT tax). The NLL (or, where applicable, your device provider) reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
o Sales Tax. For certain purchases made via the Services, NLL is required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Services are not exempt from sales or use taxes simply because they are made from the Internet or because NLL is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including but not limited to whether the seller is present in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by NLL and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by NLL and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected by NLL in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the Services may be reported and paid on an Oklahoma individual income tax return, currently Form 511 or by filing a consumer use tax return, currently Form 21-1. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the Services may be reported and paid on a South Dakota Use Tax Form, currently Form 1350, available with corresponding instructions on the South Dakota Department of Revenue website.
o Trial Subscriptions. Access to a Subscription Service, including NLL TV, may from time to time be made available on a time-limited free trial basis (a “Trial Subscription”). Please note that these Terms apply to a Trial Subscription. You may be asked to provide your credit or debit card information when registering for a Trial Subscription. In such event, your credit or debit card will only be charged if you do not cancel your Trial Subscription before the end of the Trial Subscription period. If we ask for your credit or debit card information and you do not affirmatively cancel before the end of the Trial Subscription, then your Trial Subscription may be converted into a paid subscription and your credit or debit card may be charged the subscription fee in effect at the time your Trial Subscription first began. By subscribing for a Trial Subscription, you: (i) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person; (ii) acknowledge that the Trial Subscription is intended to permit you to assess the Subscription Services for consideration of a full subscription to the Pay Service (a “Paid Subscription”); and (iii) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Subscription Service during the TrialSubscription period will also be subject to such other terms and conditions and such other terms and conditions shall be incorporated into the Terms; and (iv) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBSCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A PAID SUBSCRIPTION AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR TRIAL SUBSCRIPTION.
o Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described within the Subscription Services. If we do not list cancellation procedures for a particular Subscription Service, you should contact us at http://www.nll.com/view/nll/contact-579
- Discontinuance or Modification. If the NLL discontinues or significantly alters a Service that you have purchased with automatic renewal, the NLL will notify you using the email address on file with the NLL. The NLL may, in its discretion, provide information about comparable Services available, and it reserves the right to cancel your subscription at any time.
7. Video Services and Blackout Restrictions. Blackout restrictions may apply to Services which allow you to watch video of live games, or highlights, such as NLL TV. With respect to NLL TV, during the regular NLL season, Champions Cup Playoffs, and Champions Cup Final, the scheduled webcast may be blacked out and not available for live viewing if:
I. you are located within the applicable team's local telecast territory, regardless of whether that team is playing at home or away or whether the game is being telecast locally by a regional network; or
II. an NLL game is being televised nationally in your country or programming area. The full-length replay of any blacked-out game typically will be available on NLL TV at most forty-eight (48) hours after the game has been completed.
IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION WILL BE APPLIED TO YOUR CREDIT OR DEBIT CARD; YOU MAY BE SUBJECT TO LEGAL ACTION; AND THE NLL RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES. SHARING OF PASSWORDS IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO THE NLL AS DESCRIBED IN THE PREVIOUS PARAGRAPH, THE NLL RESERVES THE RIGHT TO CHARGE YOU THE FULL SERVICE'S SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM YOU HAVE SHARED YOUR PASSWORD.
8. Intellectual Property.
All content, information, computer code, software, and any other materials that are part of the Services (collectively, the “NLL Content”) is the property of the NLL or third parties. You may access, use, and display the Services and print copies of the NLL Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
o Copyright and Other Intellectual Property Rights. Certain of the NLL Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by the NLL or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the NLL Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 27. Copying or downloading NLL Content other than as stated above is a violation of these Terms.
o Trade and Service Marks. You acknowledge and agree that (i) NLL, the NLL Shield, and the word mark and image of the Champions Cup are trademarks of the National Lacrosse League; and (ii) all NLL logos and marks and NLL Member Club logos and marks as well as other proprietary materials depicted in connection with the Services and the NLL Content are the property of the NLL and the respective NLL Member Clubs or are licensed to the NLL and may not be used commercially without the prior written consent of NLL or its designee, which may be requested via the contact information provided in Section 27.
o Notice of Infringement. The NLL respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
o An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
o Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
o Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
o Your name, address, telephone number, and email address, so that we may contact you if necessary;
o A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
o A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The NLL's designated agent for notice of claims of copyright is:
National Lacrosse League, Inc.
1100 E. Hector Street, Suite 415,
Conshohocken, PA 19428
http://www.nll.com/view/nll/contact-579 (write “DMCA” for the subject line)
Phone: (212) 789-2000
Facsimile: (212) 789-2727
9. Linking to our Services.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. You agree not to link to our Services to any website that:
o Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
o Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
o Violates a person's right to privacy or publicity;
o Contains advertising or a solicitation of any kind;
o Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity, including an NLL representative, an NLL Member Club representative, a current or former NLL Member Club player, or falsely states or otherwise misrepresents an affiliation with a person or entity;
o Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
o Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
o Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters,” or solicitation of any kind;
o Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
o Contains epithets or other language or material intended to intimidate or to incite violence; or
o Violates any applicable local, state, national, or international law, or advocates illegal activity.
10. Change or Termination.
The NLL may change or terminate these Terms at any time for any reason (for example to reflect changes in laws or regulatory requirements) or for no reason at all. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. The NLL also reserves the right to modify the price of any Services or any other products offered via the Services. The NLL is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in NLL's sole discretion. Otherwise applicable sections of these Terms shall survive termination. The NLL also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the NLL Content.
12. Links and Third Party Content.
13. Disclaimer of Warranties.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Exclusive Remedy and Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE NLL, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY NLL CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NLL'S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend NLL, its affiliates and licensors, the Member Clubs of the NLL, any party involved in operating, creating, producing, or delivering the Services (including the Subscription Services), and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your use of any NLL Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the NLL. These obligations will survive any termination of these Terms.
16. Integration and Severability and Amendment.
These Terms constitute the entire agreement between the NLL and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. NLL in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your use of the Services after such amended Terms are posted will constitute acceptance of them by you. NLL may be required to notify you of certain events concerning the Services and your use thereof, and your use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.
17. No Waiver.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
18. Assignment and Binding Effects.
You may not assign these Terms or any rights or obligations herein without the prior written consent of the NLL and any attempted assignment in contravention of this provision is null and void and of no force or effect. The NLL has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
19. Governing Law, Binding Arbitration, Class Action Waiver, Location, and Time Period for Bringing Notice of Claim.
These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE NLL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
The NLL and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New York County, New York by a single arbitrator to be selected by the NLL and the language to be used in the arbitral proceedings shall be English. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the NLL may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide NLL with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred to arbitration in accordance with the terms of this paragraph), (i) the NLL may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending the NLL’s intellectual property rights in any court or forum of competent jurisdiction; and (ii) the NLL shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement.
20. Injunctive Relief:
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Service and/or use of the Service may result in irreparable injury and damage to NLL that may not be adequately compensable in money damages, and for which NLL will have no adequate remedy at law. You, therefore, consent and agree that NLL may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
21. NLL Shop.
You may order products online from the official NLL online stores, currently linked under the “Shop” tab at www.nll.com. (Each an “NLL Shop,” and, collectively, the “NLL Shops”). The NLL Shops are operated by one or more third parties who are responsible for, among other things, the fulfillment of orders, billing, and shipping products. Visit the NLL Shops for information about how you may contact our third-party service providers. Please note each vendor in the NLL Shops may have its own terms “Shop Terms” that apply to your activity at the NLL Shops. By using the NLL Shops, you acknowledge that the Shop Terms also govern your use, including any merchandise orders you place with an NLL Shop. In the event of any conflict between these Terms and the Shop Terms, the Shop Terms will govern with respect to your activity with the NLL Shops only.
22. Required Notices of Certificates of Authenticity.
With respect to the sale of certain merchandise or 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.
With respect to the sale of certain Merchandise or Auctions, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
If the NLL holds a relevant sale or auction, then the certificates referenced above will be provided in the form of a certificate of authenticity, a unique hologram affixed to the item itself, or a letter from the NLL.
23. Separate Terms and Conditions.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THSE TERMS. If you do not agree to these Terms, you must not use any of the Services. NLL may change the terms of this Agreement at any time, and your use of Services after such change is posted will mean that you accept such change.
25. Notice for California Consumers.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
26 . Contact Information.
Please direct any questions, complaints, or claims related to the Services or your use of the Services to http://www.nll.com/view/nll/contact-579 and write “Terms of Service” as the subject line.
For requests to use a copyrighted work or trade or service mark right, please go to http://www.nll.com/view/nll/contact-579 and write “Trademark and Copyright Requests” as the subject line.
You can also contact us at:
National Lacrosse League, Inc.
1100 E. Hector Street, Suite 415
Conshohocken, PA 19428