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Terms of Use
AGREEMENT BETWEEN USER AND PBA The Professional Bowlers Association ("PBA") web site is
offered to you conditioned on your acceptance without modification of the
terms, conditions and notices contained herein. Your use of the PBA web site
constitutes your agreement to all such terms, conditions and notices.
Additionally, the PBA web site may contain additional terms that govern
particular features or offers such as promotions, forums, chat services or
other features. MODIFICATION OF THESE TERMS OF USE The PBA reserves the right to change the PBA web site as well as
the terms, conditions and notices under which the PBA web site is offered,
including but not limited to any charges associated with the use of the PBA web
site. You are responsible for regularly reviewing these terms and conditions. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the PBA web site is for your personal
and non-commercial use. The PBA grants you a limited, revocable and
nonexclusive license to access and make personal use of the PBA web site. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer exploit for any
commercial purpose, or sell any content, information, software, products or
services obtained from the PBA web site without express written consent from
the PBA. You may not create a hyperlink to the PBA web site without express
written consent from the PBA. If you use the PBA web site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. TRADEMARKS AND COPYRIGHTS All content on the PBA web site, including but not limited to
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations and software, together with the compilation of all content on
the site, is the exclusive property of the PBA or its content suppliers and protected
by United States and international copyright laws. PBA, PROFESSIONAL BOWLERS ASSOCIATION and other marks indicated on
the PBA web site are registered trademarks of the PBA or its affiliates, in the
You may not frame or utilize framing techniques to enclose any
trademark, logo or other proprietary information of the PBA or its affiliates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing the PBA's name or trademarks without the
PBA's express written consent. NOTICE OF COPYRIGHT INFRINGEMENT The PBA respects the intellectual property rights of others, and
we ask our users to do the same. If you believe that your work has been copied
in a way that constitutes copyright or trademark infringement, please mail the
following information to Copyright Infringement Department, Professional
Bowlers Association, 719 Second Avenue, Suite 701, Seattle, Washington 98104
(phone: 206.332.9688; fax: 206.332.9722; email: legal@pba.com: An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been
infringed; A description of where the material that you claim is infringing
is located on the site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law;
and A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. CHILDREN The PBA web site does not sell products for purchase by children.
Our products are only for purchase by adults. If you are under 18, you may use
the PBA web site only with the supervision of a parent or guardian. LINKS TO THIRD PARTY SITES The PBA web site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of the
PBA, and the PBA is not responsible for the content of any Linked Site,
including without limitation any link contained in a Linked Site or any changes
or updates to a Linked Site. The PBA is not responsible for webcasting or any other
form of transmission received from any Linked Site. The PBA is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by the PBA of the Linked Site or any association with the
Linked Site's operators. You should carefully review the Linked Site's privacy
statements and other conditions of use. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the PBA web site, you warrant to the
PBA that you will not use the PBA web site for any purpose that is unlawful or
prohibited by these terms, conditions and notices. You may not use the PBA web
site in any manner which could damage, disable, overburden, or impair the PBA
web site or interfere with any other party's use and enjoyment of the PBA web site.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the PBA web
site. USE OF COMMUNICATION SERVICES The PBA web site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"). Your use of the PBA web site constitutes your agreement to use
the Communication Services only to post, send and receive messages and material
that are related to the particular Communication Service and not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents; Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; Conduct, send or forward surveys, contests, pyramid schemes, chain
letters, mass mailings or any form of "spam"; Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner; Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; Use a false email address, impersonate any person or entity or
otherwise mislead anyone as to the origin of any communication or content; Restrict or inhibit any other user from using and enjoying the
Communication Services; Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; Harvest or otherwise collect information about others, including
e-mail addresses, without their consent; or Violate any applicable laws or regulations. If you post or submit any content or material to the PBA web site
and/or through the Communication Services, you thereby grant the PBA and its
agents and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such content or material
throughout the world in any media. You also grant the PBA and its agents,
affiliates and sublicensees the right to use the name under which you submitted
such content or material. You represent and warrant that you own or otherwise
control all of the rights to the content or material that you post or submit,
that the content is accurate, that use of the content does not violate these
Terms of Use and will not cause injury to any person or entity, and that you
will indemnify the PBA or its agents or affiliates for all claims resulting
from content you supply. The PBA has no obligation to monitor the Communication
Services. However, the PBA reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. The PBA reserves
the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever. The PBA reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in the PBA's sole discretion. RISK OF LOSS & PRODUCT DESCRIPTIONS All items purchased from the PBA are made pursuant to a shipment
contract. This means that the risk of loss and title for such items passes to
you upon our delivery to the carrier. The PBA and its affiliates try to be as accurate as possible in
describing products offered for sale to users. However, the PBA does not
warrant that product descriptions or other content of the PBA web site are
accurate, complete, reliable, current or error-free. If a product offered by
the PBA itself is not as described, your sole remedy is to return the product
in unused condition. LIABILITY DISCLAIMER THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE PBA WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN
THESE TERMS OF USE AND TO THE CONTENT ON THE SBA SITE. THE PBA AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PBA WEB SITE
AT ANY TIME. ADVICE RECEIVED VIA THE PBA WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE PBA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE PBA WEB SITE OR THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT,
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
PBA WEB SITE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND,
AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE PBA WEB SITE IS AT YOUR SOLE RISK.
THE PBA DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM THE
PBA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, THE PBA AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD
TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PBA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE PBA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PBA WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE PBA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PBA WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE PBA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PBA WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE PBA WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting the PBA web site, you agree that the laws of the State
of DISPUTE RESOLUTION Any dispute relating in any way to the PBA web site or to products
you purchase through the PBA web site shall be submitted to confidential
arbitration in Seattle, Washington, except that, to the extent you have in any
manner violated or threatened to violate the PBA's intellectual property
rights, the PBA may seek injunctive relief or other appropriate relief in any
state or federal court in the state of Washington, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. the arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by law, no arbitration under this agreement shall be joined to an
arbitration involving any other party subject to the agreement, whether through
class arbitration proceedings or otherwise. SEVERABILITY If any of the terms or conditions in these Terms of Use shall be
deemed invalid, void or for any reason unenforceable, then that term or
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition. |
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