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- Using a framing or similar technique without our prior written permission;
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- Any automated use of any system, such as using scripts to alter content;
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- Using any automated system or software to extract data from the Website for commercial purposes (including “screen scraping”);
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- Using the Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
- Attempting to include any of the following in merchandise that is offered for sale through the Website and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party’s authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
- Using the Website in a manner inconsistent with any applicable law, rule or regulation.
- Property; Intellectual Property. All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Website are the exclusive property of the Houston Rockets, the Rockets Shop or the Partner Entities, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights not expressly granted in and to the Website’s content and services.
- DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE WEBSITE, AND THE PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PURCHASE PRICE FOR THE ITEM AT ISSUE.
- Third-Party Transactions. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third-party seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE.
- U.S. Export Controls. Software made available to you by the Website (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Arbitration/No Class Action. Except where prohibited by law, as a condition of using the Website, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Website, shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”). You and we also agree that (a) any Claims will be resolved individually and not through any class action, (b) if a Claim proceeds in court anyway, we both waive any right to a jury trial; and (c) either you or we may seek a court injunction regarding intellectual property infringement. Arbitration does not involve a judge or jury. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Texas. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Texas (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims. You further agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.
- Contact Information. Rocket Ball, Ltd., 1510 Polk St, Houston, TX 77002.