Last Updated: October 01, 2023
References to “we,” “our,” “us” and “76ers” shall mean Philadelphia 76ers, L.P. and its affiliated entities (which may include CBL Real Estate, Sixers Youth Foundation, Wilt Chamberlain Memorial Fund and others). 76ers and its agents are solely responsible for the Content (defined herein) of the Website (defined herein).
Table of Contents
1. ACCESS AND USE OF THE SERVICES.
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
All of the content of this Website (“76ers Content” or “Content”), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software (“Software”), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to 76ers and/or 76ers licensees, tenants, sponsors and advertisers and may not be reproduced without the prior written consent of 76ers, and the applicable licensee, tenant, sponsor and advertiser.
The names and logos identified with 76ers are trademarks of 76ers and may not be reproduced without the prior written consent of 76ers.
3. LIMITED LICENSE; RESTRICTIONS.
You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of 76ers, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. 76ers does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.
You may not “frame” the Content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any 76ers trademarks without the express written consent of 76ers.
4. FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE.
“Forum” means a chat area, message board or e-mail function offered as part of the Website. If you participate in any Forum within the Website or furnish any material or information to the Website (“User Content”), you must not and User Content shall not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to or solicit others;
- use the Website or Forum for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- restrict or inhibit any other user from using and enjoying the services or features of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- use the Website to Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
- gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
- gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify 76ers immediately in the event of unauthorized use of your password or account; and (v) 76ers shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration.
You must be thirteen (13) years of age or older to register for and receive certain membership benefits.
You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless 76ers for all claims resulting from User Content you post.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
5. DISCLAIMER OF WARRANTIES.
EACH SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 76ers DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, 76ers DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES OR ANY SOFTWARE INCORPORATED WITHIN THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS. EACH USER OF THE SERVICES ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF SUCH SERVICES.
While 76ers tries to provide accurate information on this Website, 76ers explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Website. 76ers cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. 76ers does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. 76ers does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. 76ers strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise 76ers (at the contact information provided below) if you discover any inaccuracy in this Content.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
6. LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER 76ers NOR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF 76ers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF 76ers OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
8. LINKS FROM THIS WEBSITE.
This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:
(a) All permitted links to this Website must be to 76ers Website home page (sixers.com), and no link to the Website may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., AOL Internet Service), or public or nonprofit institution (e.g., State of New Jersey or the United Way) may not link to this Website without the prior written permission of 76ers, even though the page/area where the link originates does not promote a product, brand, service or institution.
(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of 76ers if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service) that, in the sole opinion of 76ers, is distasteful, offensive or may reflect adversely upon the reputation and good will of 76ers; (ii) the link is a plain text link and does not include any mark or logo directly associated with 76ers; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.
NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by 76ers of the Linked Services or the content thereof. The Linked Services are not under the control of 76ers and accordingly 76ers is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
76ers must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, “Unsolicited Submissions”), and 76ers neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future 76ers creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs.
From time to time, tickets for events to be held at the Wells Fargo Center and/or Chase Fieldhouse (as applicable) may be offered for sale at the Website. Such ticket offerings may be changed or withdrawn at any time without prior notice, and 76ers reserves the right to limit ticket order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, 76ers cannot warrant the security of your personal information.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
12. DISPUTE RESOLUTION AND BINDING ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
In order to expedite and control the cost of disputes, you and 76ers agree that any Claim will be resolved as follows:
A. MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS: Before initiating an arbitration proceeding, you or 76ers must give the other party notice of the Claim by providing a written “Notice of Claim” that is personally signed by you (if you are initiating the Notice of Claim) or a 76ers representative (if we are initiating the Notice of Claim). The Notice of Claim must contain the following information: (1) name, contact information (address, telephone number, and email address), and account information if applicable; (2) a detailed description of the nature and basis of the Claim; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it. You must send any such Notice of Claim to: Philadelphia 76ers, L.P., Attn: General Counsel, 3 Banner Way, Camden, New Jersey 08103. We must send any such Notice of Claim to you at the email address we have on file for you. You and 76ers agree to attempt to resolve the Claim through informal, good faith negotiations for a sixty (60)-day period from the date that a completed Notice of Claim is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Claim requests a telephone settlement conference as part of this informal process, you and 76ers agree to participate in an effort to resolve the Claim. Should 76ers make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make this request, 76ers agrees to have a representative attend this conference (with counsel, if 76ers is represented).
Compliance with this “Mandatory Informal Pre-Dispute Resolution Process” is a condition precedent to initiating arbitration. Neither you nor 76ers may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Claim or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees.
Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Pre-Dispute Resolution Process and seek relief in arbitration.
Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and 76ers engage in this Mandatory Informal Pre-Dispute Resolution Process in an effort to resolve the Claim.
B. SMALL CLAIMS COURT: Any Claim that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Claim must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on 76ers as follows: Philadelphia 76ers, L.P., Attn: General Counsel, 3 Banner Way, Camden, New Jersey 08103. If 76ers is initiating arbitration, 76ers shall serve the demand at the email address that we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Mandatory Informal Pre-Dispute Resolution Process (and they shall attach the Notice of Claim) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and 76ers representative shall personally appear at any hearing ordered by the arbitrator (along with your and 76ers counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and the 76ers representative shall personally appear (along with your and 76ers counsel, if represented). The parties can agree to waive a hearing.
D. SPECIAL RULES IN THE ARBITRATION PROCEEDING: (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.Accordingly, you and 76ers agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.
E. ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS: The following provisions set forth additional procedures that apply to multiple case filings. If fifty (50) or more similar claims are asserted against 76ers by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply and the resolution of your Claim might be delayed.
- Stage One: Counsel for the claimants and counsel for 76ers shall each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of an initial staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge and 76ers shall pay the mediator’s fee.
- Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for 76ers shall each select seventy-five (75) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge, and 76ers shall pay the mediator’s fee.
Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties agree otherwise in writing. If your claim is not resolved as part of the staged process set forth above, either:
- Option One: You and 76ers may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to 76ers within thirty (30) days after the conclusion of Stage Two as follows: Philadelphia 76ers, L.P., Attn: General Counsel, 3 Banner Way, Camden, New Jersey 08103. 76ers may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.
- Option Two: If neither you nor 76ers elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved through continued staged proceedings as set forth below. Assuming the number of remaining claims exceeds two hundred (200), then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Each of these 200 cases shall be assigned to a single, different arbitrator. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and the AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
Any relevant limitations period and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Multiple Case Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
F. OPT OUT OF FUTURE CHANGES: If 76ers makes any future change to the arbitration provisions in this Section 12 (other than a change to the notice address), you may reject any such change by sending 76ers a personally signed, written notice of your decision to opt out of those changes within thirty (30) days of notice of the change to Philadelphia 76ers, L.P., Attn: General Counsel, 3 Banner Way, Camden, New Jersey 08103, which notice must include your full name, mailing address, telephone number, email address, and a description of when and how you interacted with 76ers. Such opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.
13. CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Essex County, New Jersey.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of 76ers to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
To the fullest extent permitted by applicable law, you and 76ers waive any right to a jury trial.
14. LIMITED TIME TO FILE CLAIMS.
You agree that you will assert any Claim arising out of your use of any 76ers Services within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
15. GENERAL PROVISIONS.
Those who choose to access the Services do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. 76ers does not represent that the Services and Content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Services from outside the United States, you are solely responsible for compliance with any applicable foreign laws. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 12, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Essex County, New Jersey. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of 76ers to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted below.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
16. AMENDING THE TERMS AND CONDITIONS OF USE.
17. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE.
Notwithstanding the foregoing, nothing in this Section shall modify Subsection 12(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
Philadelphia 76ers, L.P.
3 Banner Way
Camden, NJ 08103