1. Agreement to Terms
By accessing or using SixersHoops.com (the "Website"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Intellectual Property Rights
The Website and its original content, features, and functionality are owned by SixersHoops and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose or for any public display;
- Attempt to decompile or reverse engineer any software contained on the Website;
- Remove any copyright or other proprietary notations from the materials.
3. Use License and Restrictions
Permission is granted to temporarily download one copy of the materials on SixersHoops for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title.
You agree not to use the Website to:
- Upload or distribute any computer viruses or any software intended to damage or alter a computer system or data;
- Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other forms of duplicative or unsolicited messages;
- Harvest, collect, gather or assemble information or data regarding other users without their consent.
4. Limitation of Liability
In no event shall SixersHoops, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
5. Indemnification
You agree to defend, indemnify and hold harmless SixersHoops and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.
6. Disclaimer of Warranties
Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
7. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
8. Dispute Resolution (Arbitration Clause)
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.