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Terms of Use

Welcome to the www.nbastore.com.ph online and mobile sites, applications and/or service (the “Web Site”). Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this Web Site. By using this Web Site or any sub-site accessible on this Web Site, the user ("user", "you", or "your") accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site. If you do not agree to these Terms and Conditions, you should exit the Web Site.


Operation

The WWW.NBASTORE.COM.PH, online and mobile sites, applications or services are operated by International Athletic Trading Company (“IATC”) and its affiliate Ropo Commerce Solutions Inc. (“ROPO”) (collectively, “we”), under license by NBA Properties, Inc. (“NBAP”, and together with its affiliates and related entities, and each their respective owners, employees, officers, directors and representatives, collectively, the “NBA Entities”).


Conditions of Registration

You may need to register to place an order for products through this Web Site. In return for having access to the Web Site and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. You acknowledge and agree that IATC and its affiliates and the NBA Entities have no liability arising from any incorrect information you provide during registration.


If you are under 18, you must ask your parents or a guardian before you:

  1. E-mail the Web Site, or ask IATC and its affiliates to e-mail anything to you;
  2. Send in any information to IATC and its affiliates;
  3. Buy anything online.

By continuing to use this Web Site and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. Please note that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.


Products, Content and Specifications

All features, content, specifications, descriptions and prices of products and services described or depicted on this Web Site, NBA/WNBA online store, located at www.nbastore.com.ph (the "Online Store"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. IATC and its affiliates make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.


Shipping Limitations

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


Accuracy of Information

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. To the extent allowed by law, we make no representation or warranty as to whether any information on this Web Site is complete, accurate or current. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in the Web Site regarding the information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service but is merely an acknowledgement that we received your order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or, when justified under the law, to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


Availability

IATC and its affiliates will use all reasonable endeavors to ensure that this Web Site is fully operational at all times. However, we cannot guarantee that the Web Site will be fault free. In particular, access to this Web Site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. Further, by using this Web Site and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of IATC and its affiliates and if IATC and its affiliates are totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and IATC and its affiliates shall be excused the performance for so long as such a situation endures. For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by IATC and its affiliates of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of IATC and its affiliates and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.


Use of this Web Site

The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way, or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. This Web Site and any goods that are obtained from this Web Site are provided for personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

IATC and its affiliates reserve the right to restrict, suspend or terminate use of this Web Site or any of our services at any time if we believe, in our absolute discretion, that these Terms and Conditions have been breached. IATC and its affiliates, their directors, employees, information providers, licensors and licensees, officers and partners, and the NBA Entities shall be indemnified, defended and held free and harmless from and against any and all liability and costs (including and without limitation to legal fees and costs of suit), incurred in connection with any claim arising out of any breach of these Terms and Conditions.


Copyright

All content included on this Web Site, including but not limited to its design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof, is the property of IATC, its affiliates or its content suppliers (i.e., NBAP and its affiliates) and are protected by Philippine and international copyright laws. ALL RIGHTS ARE RESERVED. Any other use of materials on this Web Site including but not limited to reproduction, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of IATC, its affiliates or its content suppliers is strictly prohibited.


Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of NBAP and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including IATC and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of the NBAP, IATC or such other owner.


Third Party Links

From time to time, this Web Site may contain links to other sites that are not owned, operated or controlled by the NBAP, IATC or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, the NBA Entities nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we, the NBA Entities nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.


Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have under existing law or in equity, if we determine, at our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent such violation, including and without limitation to, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.


User Information

Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. Neither we nor the NBA Entities will have any liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that include any material we deem inappropriate or unacceptable.


Disclaimers

Your use of this Web Site is at your own risk. The information, materials and services provided on or through this Web Site are provided "as is" without any warrants of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither the NBA Entities, IATC, nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this Web Site. The information, materials and services provided on or through this Web Site may be out of date, and neither the NBA Entities, IATC, nor any of their respective affiliates make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.


All products and services purchased on or through this Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, without limitation, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.


Limitations of liability

The NBA Entities, IATC, ROPO, and their respective affiliates assume no responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. In no event will the NBA Entities, IATC or ROPO, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Web Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Web Site, any web sites linked to this Web Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.


In the event of any problem with this Web Site or any of its contents, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, 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 product or services in accordance with the returns and refunds policies posted on this Web Site.


Revisions to these Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.


Choice of Law; Jurisdiction

These Terms and Conditions supersede any other agreement between you and IATC to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only within the applicable courts of the Republic of the Philippines. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings as of printing date and based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.


Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at [email protected].