Terms and Conditions of Use
Published: 10/16/2024
Effective: 10/16/2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
GENERAL
The National Basketball Performance Nutrition Association, Inc. (“NBPNA”) has developed these terms and conditions of use (“Terms and Conditions”) to describe the terms that govern your use of the website www.NBPNA.com (the “Website”). The Website is provided for your personal information, education and communication. Your access to and use of the Website is subject to the following Terms and Conditions and all applicable laws. As a user, it is required that you review and accept the Terms and Conditions. You also should review the NBPNA’s Privacy Disclaimer, and Accessibility Notice. By accessing and using the Website, you accept, without limitation or qualification, the Terms and Conditions, and agree to be bound by them. If you do not accept and agree to the Terms and Conditions, refrain from accessing the Website. With the Website and services constantly evolving, the Terms and Conditions may also change. Whenever there are changes, the modified Terms and Conditions will be posted on the Website and will be effective at that time. Consequently, your continued access or use of the Website, constitutes your acceptance and agreement to the most current set of Terms and Conditions. It is, therefore, important that you review the Terms and Conditions regularly. If you do not agree to be bound by said Terms and Conditions and to abide by all applicable laws, you must discontinue use of the Website immediately. The NBPNA cannot and does not guarantee or warrant that any of the information that you may receive through the Website, or links to third-party websites is accurate, up-to-date or complete and the NBPNA does not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.
2. RIGHTS
The software that runs the Website is owned by the NBPNA and/or our licensors. Except to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, or de-compile that software without the NBPNA's written consent. You may download material displayed on the Website for non-commercial, personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Website for public or commercial purposes, including the text and images, without written permission. Except as expressly permitted by applicable law and as reference above, you may not copy (except to the extent required in order to use the Website in accordance with these Terms and Conditions), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website or systematically extract material from the Website or any document available through the Website or in any other way exploit commercially all or any part of the Website or any document available through the Website without the NBPNA’s prior written permission. Unauthorized access to or use of the Website is prohibited. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device associated with the Website.
Images of people or places displayed on the Website are either the property of, or used with permission by, the NBPNA and may not be used except as provided in these Terms and Conditions without written permission. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of the NBPNA or others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the permission of such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the administrator(s) of the Website will enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The NBPNA reserves the right, in our discretion, to withdraw, suspend or modify the Website or certain features or parts of the Website with or without notice to you, where we have reason to do so. There may also be times when the Website or certain features or parts of the Website become unavailable, whether on a scheduled or unscheduled basis. You agree that the NBPNA will not be liable to you or to any third-party for any withdrawal, modification, unavailability, suspension or discontinuance of the Website or any service available on or through the Website.
3. YOUR WARRANTIES
You warrant that: (i) you will only use the Website in accordance with these Terms and Conditions and only for lawful purposes and in a lawful manner; (ii) all emails, comments, discussion posts, blogs, news postings, information, document, file or any other material that you intend to post to the Website or provide to us via the Website (“Contributions”) does not contravene any applicable local, national or international laws or regulations or contravene any person's legal and/or intellectual property rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file; (iii) you will not transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam) via the Website; (iv) you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and (v) you will not collect information about users, including email addresses, without their prior consent.
4. CONTRIBUTIONS
You are solely responsible for your Contributions and you shall ensure that your Contributions do not: (i) contain any material which is defamatory of any person; (ii) contain any material which is obscene, offensive, hateful or inflammatory; (iii) promote sexually explicit material; (iv) promote violence; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) infringe any copyright, database right or trademark of any other person; (vii) be intended to or likely to deceive any person; (viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (ix)promote any illegal activity; or (x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trademarks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future, for any and all purposes. In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a license to us. You agree to indemnify the NBPNA and its licensors for any cost, expenses, damages or liabilities we incur due to your use of the Website or otherwise relating to any of your Contributions. The NBPNA reserves the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. The NBPNA’s decision on this shall be final. Further, the NBPNA reserves the right to suspend or terminate, or bar access to, all or part of the Website.
5. ONLINE POLICIES
The NBPNA respects your privacy and will only process information about you in accordance with the NBPNA’s Privacy, Disclaimer, and Accessibility Notice. By using the Website, you agree to such processing and you warrant that all data provided by you is accurate.
6. LINKING
From the Website you may be able to obtain access to websites operated by others. The content of such third-party websites to which you may navigate, by means of hypertext links, from the Website is beyond our control. You proceed entirely at your own risk. The NBPNA does not accept any responsibility for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. Any links to such third-party websites are for your convenience and the inclusion of the links on our Website does not imply any endorsement, guarantee, warranty or representation by the NBPNA of the quality or accuracy of the information, products or services provided to you on those third-party websites.
7. RESTRICTED ACCESS
Access to parts of the Website are restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact the NBPNA as soon as possible. You may be required to enter your username and password (“Login Information”) to enter restricted areas of the Website. All registration information you submit to gain access to restricted areas of the Website must be accurate and kept up to date. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. You must not allow any other person to use your password. If you believe someone else knows your password, you must change it immediately. You agree not to sell, transfer or assign your Login Information or any access means to any other person. The NBPNA reserves the right to remove users from the authorized list of users at any time. Parts of the Website incorporate encryption technology but even if there is encryption technology in place we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Website. The documents and files hosted on restricted parts of the Website are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person. If you access the Website from a shared PC, during your access to the Website you will be responsible for all instructions received by us between the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website. Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. The NBPNA advises you to contact us by telephone with any information that must reach us by certain deadlines.
8. LIMITATION OF LIABILITY
The NBPNA and its licensors shall not be liable to you for any communication you send to us by email which is either received late or not received at all. The NBPNA and its licensors shall not be liable to you for any loss arising out of the inaccuracy or incompleteness of information, including any of your or any third party’s Contributions, contained on the Website or in the services available through the Website. The Website and/or services available through the Website are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. While the NBPNA will endeavor to maintain the availability of the Website, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the Website or the server(s) that make the Website and/or the services available through the Website available are free of viruses or bugs. If you are aware of any error on the Website please contact the NBPNA and we will endeavor to correct it. The NBPNA and its licensors will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website. The NBPNA and its licensors shall not be liable for any special, indirect or consequential damages (including loss of business, profits, anticipated savings, opportunity, reputation or goodwill) however caused. The information provided on the Website is for general informational purposes only.
9. GOVERNING LAW
These Terms and Conditions and any legal disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflict of law principles. Notwithstanding the aforementioned, this choice of governing law does not prevent the NBPNA from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights, confidentiality obligations, or any other matter in the appropriate jurisdiction.
CONTACT INFORMATION
For questions concerning these Terms and Conditions of Use, please contact our General Counsel, jason@daffnerlawfirm.com.