2. THE Basketball Connect SERVICE
Basketball Connect provides you with the ability to create and manage sophisticated html forms and newsletter administration via the World Wide Web.(the “Service”). Basketball Connect reserves the right to adjust package pricing as necessary to stay competitive.
In order to use the Service, you must be able to access the World Wide Web. This may include access to a computer, modem or any other necessary equipment. Basketball Connect provides no assistance for the Service other than email support, including any technical or customer support, and that your use of the Service is at your own risk.
In addition, you must provide Basketball Connect with certain information in order to register for the Service (the “Account Information”). Basketball Connect uses this information to communicate with all users. It is your sole responsibility to ensure that all account information is accurate and complete at all times. If any account information provided by you is untrue, inaccurate, not current or incomplete, Basketball Connect has the right to terminate your account and refuse any current or future use of the Service.
3. USER NAME AND SECURITY OF ACCOUNT INFORMATION
You will be required to select a unique user name and password during registration. You are responsible for maintaining the confidentiality of your user name and password for all activities that occur under your password or account. You agree to immediately notify Basketball Connect of any unauthorized use of your account or any other security breach known to you. Basketball Connect has no access to user passwords, and forgotten or stolen passwords are the sole responsibility of users of the Service. You may request a new password to be issued, which will be emailed to your email account of record. In addition, you may retrieve a lost password by entering your username and answer to your secret question.
4. FORMS CONTENT AND DATA
You acknowledge and agree that Basketball Connect may access all forms, data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business.
Basketball Connect.com provides data sharing services via user defined sub-accounts. These sub accounts gain user defined access to an accounts data only as specified by the account holder. These accounts must be assigned individually to a specific user. You acknowledge and agree that under no circumstances will the username and password for these sub-user accounts be: (a) distributed to the general public; (b) distributed by any means of automation; (c) Published on any website or Internet site; (d) or via any means other than direct assignment to a single person.
6. MODIFICATION OF SERVICE
At any time, Basketball Connect may decide to modify, suspend, alter or terminate Service provided to you for any reason. Basketball Connect will make any decisions about modifications to the service as its sole discretion, with or without notice to you. You accept and acknowledge that Basketball Connect reserves this right and agrees that Basketball Connect will not be responsible for any modification or discontinuation of the Service.
7. TERMINATION OF SERVICE
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Basketball Connect may immediately delete and discard all information and files in your account and barring any further access to such files or the Service. You acknowledge and agree that you are not entitled to any refund in the event that your account is terminated.
8. LIMITATION OF LIABILITY
Basketball Connect WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. Basketball Connect WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT Basketball Connect IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
9. GENERAL DISCLAIMER
Basketball Connect PROVIDES THE SERVICE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. Basketball Connect FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Basketball Connect DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL COLLECTED THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. Basketball Connect IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
10. DATA STORAGE
You understand and agree that all data collected using the Service will be stored on Basketball Connect’s servers. Basketball Connect assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service.
11. YOUR CONDUCT
You agree to abide by all Basketball Connect standards and applicable local, state, national and international laws and regulations in your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely responsible for your actions and the contents of your entries through the Service. You agree not to impersonate any person or entity, including but not limited to a Basketball Connect official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You must be at least 13 years of age to use the Site.
You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; (5) not to use the Site or the Service for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communications of any kind and (6) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Basketball Connect may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions.
13. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or the Service (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by Basketball Connect, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
14. GOVERNING LAW
This Agreement shall be governed under the laws of United States Of America and Worldside. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year is such a claim should arise.