Terms & Conditions

Terms of Service

If there is a conflict or inconsistency between the Terms and Conditions and Refund Policy and any applicable Agreement between You and Company, the Terms and Conditions will prevail unless a single separate and distinct section within that requisite Agreement (i) is labeled as the “T&C Override” section, and (ii) expressly identifies both the provision within the Terms and Conditions that is being overridden by that Agreement and the provision within that Agreement that will prevail over the Terms and Conditions.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU AGREE TO THESE TERMS AND CONDITIONS.

These Terms of Service, along with the policies and documents described below, are a legally binding agreement (this “Agreement”) between NYC Basketball League (“Company”) and an individual participant, attendee, or customer of Company’s events, sports activities, and sports leagues (“You”). You agree that when you register for, access, or participate in the Company’s events or services (the “Services”), You will do so subject to this Agreement.

DO NOT ACCESS OR PARTICIPATE IN THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.

This Agreement is effective as of the date You agree to the terms on any registration form, digital purchase, or agreement linking to this document from the https://www.nycbasketballleague.com/ website.

Company may amend this Agreement from time to time by posting an amended version at its website and sending You written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless You first give Company written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions for 30 days following the Proposed Amendment Date (unless either You or Company first terminates this Agreement pursuant to Article 8, Term & Termination).

Your continued use of or participation in the Services following the effective date of an amendment will confirm Your consent to the Amendment. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions, Company may revise its policies at any time by posting a new version at Company’s website, and such new version will become effective on the date it is posted.

ELIGIBILITY AND SERVICES

1.1. Eligibility. You must be 18 years old or older to register independently for the Services.

PRIVACY AND COMMUNICATIONS

2.1. Privacy Policy. Company will manage any personally identifiable information as set forth in Company’s privacy policy (the “Privacy Policy”). The Privacy Policy applies only to the Services and does not apply to any third-party website or service linked to or recommended by Company.

2.2. SMS Terms and Conditions. Upon messaging opt-in, the end user agrees to receive messages from NYC Basketball League & Playbook Sports regarding Support and Service requests. End users can opt-out by replying STOP or request more information by replying HELP. Message frequency varies. Message and data rates may apply. If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at nycbasketballleague@gmail.com

2.3. Mobile number information. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

YOUR RESPONSIBILITIES

3.1. Compliance with Laws. In participating in the Services, You will comply with all applicable laws.

3.2. Conduct. You are responsible and liable for Your participation in the Services, including any unauthorized conduct or conduct that violates the rules and policies of the Company or the venue.

IP & FEEDBACK

4.1. IP Rights. Company retains all right, title, and interest in and to its branding, logos, trademarks, and associated event materials.

4.2. Feedback. Company has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that You provide to Company, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Company’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting You. You hereby grant Company a perpetual, irrevocable right and license to exploit Feedback in any and every way. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Company’s products, events, or services.)

DISCLAIMERS

5.1. Warranty Disclaimers. YOU AGREE THAT YOU ACCEPT THE SERVICES “AS IS” AND “AS AVAILABLE,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL OCCUR WITHOUT INTERRUPTION OR ERROR.

5.2. Interactions with Others. You agree that You are solely responsible for your transactions or other interactions with other participants or attendees of the Services. You acknowledge that Company has no liability for any such interactions. Company may monitor or become involved in disputes between You and other participants but has no obligation to do so.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and the Company Associates (as defined below) against any “Indemnified Claim,” meaning any third-party claim, suit, or proceeding arising out of, related to, or alleging your violation of this Agreement, applicable laws, or your conduct during the Services.

Your obligations set forth in this Article 6 include retention and payment of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments. Company will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.

(The “Company Associates” are Company’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)

LIMITATION OF LIABILITY

7.1. Dollar Cap. COMPANY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $500.

7.2. Exclusion of Consequential Damages. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

7.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 7 APPLY:

(a) TO LIABILITY FOR NEGLIGENCE;

(b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;

(c) EVEN IF COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND

(d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

If applicable law limits the application of the provisions of this Article 7, Company’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Company’s liability limits and other rights set forth in this Article 7 apply likewise to Company’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

TERM & TERMINATION

8.1. Term. The term of this Agreement shall commence on the Effective Date and continue until terminated by either You or Company.

8.2. Termination. Company reserves the right to terminate this Agreement or refuse your participation in the Services for any reason at any time.

8.3. Effects of Termination. Upon termination of this Agreement, You will cease all participation in the Services. The following provisions will survive termination of this Agreement: Articles 4 (IP & Feedback), 5 (Disclaimers), 6 (Indemnification), 7 (Limitation of Liability), and 9 (Miscellaneous); and any other provision of this Agreement that must survive to fulfill its essential purpose.

MISCELLANEOUS

9.1. Independent Contractors. The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.

9.2. Notices. Company may send notices to You by email or by text to Your mobile device at the email address or mobile number provided by You, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to this Agreement to Company by email to josh@nycsportsleagues.com, and such notices will be deemed received 72 hours after they are sent.

9.3. Assignment & Successors. You may not assign this Agreement or any of Your rights or obligations under this Agreement without Company’s express written consent. Except to the extent forbidden in this Section 9.3, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.

9.4. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If there is a conflict or inconsistency between the Terms and Conditions and the applicable Agreement between You and Company, the Terms and Conditions will prevail unless a single separate and distinct section within that requisite Agreement (i) is labeled as the “T&C Override” section, and (ii) expressly identifies both the provision within the Terms and Conditions that is being overridden by that Agreement and the provision within that Agreement that will prevail over the Terms and Conditions. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

9.5. Assignment Clauses. Either Party must transfer this Agreement in the event of a merger, acquisition, consolidation, or sale of substantially all of the assigning Party’s assets or equity. In such a transaction, the successor entity or acquiring party shall automatically assume all rights, obligations, and liabilities under this Agreement and be deemed a Party from the effective date of the transaction, without requiring further action or consent from the non-assigning Party. The assigning Party shall provide written notice of the assignment or transfer to the other Party. The non-assigning Party agrees that this Agreement shall remain in full force and effect without disruption or alteration of terms, pricing, or services as a result of the assignment.

9.6. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

9.7. Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of New Jersey, including without limitation applicable federal law, without reference to:

(a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties;

(b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or

(c) other international laws.

To the extent that arbitration is not required under Subsection 9.10 below, the parties consent to the personal and exclusive jurisdiction of the federal and state courts of New Jersey. This Subsection 9.7 and Subsection 9.10 below govern all claims arising out of or related to this Agreement, including without limitation tort claims.

9.8. Conflicts. In the event of any conflict between this Agreement and any Company policy posted online, the terms of this Agreement will govern.

9.9. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

9.10. Dispute Resolution. Any legal disputes or claims arising out of or related to this Agreement (including without limitation claims related to the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally will be submitted to binding arbitration in New Jersey. The arbitration shall be conducted by the NJSBM, or as otherwise mutually agreed by You and Company. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You agree that You will bring any claim, action or proceeding arising out of or related to the Agreement in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN ANY FORUM.

EVENTS & SPORTS PROGRAMS (ADULTS AND KIDS)

Assumption of Risk

I agree to the following in consideration of the Organizers’ permitting me and my child to participate in the Sports Activities and in consideration of their permitting me to play on the facilities they have selected: I voluntarily accept and assume all risks of injury incurred or suffered by me or my child while participating in the Sports Activities, while attending and observing the Sport Activities of others, and while on or upon any of the facilities at which the Sports Activities are conducted.

Event/Program Refund Policy & Schedule

We have a strict no-refund policy. Organizers must set up staffing, security, and cleaning assignments well before the event and we cannot allow any refunds after our initial conversations with the venues with whom we’re engaged.

If you registered for an event and you are subsequently not able to go, you can request to transfer your registration to a friend, family member, or another supporter of the team. It is the Company’s sole discretion to make refund exceptions, and exceptions cannot be made for individuals, or entire programs and their supporters, who violate Company’s behavioral policies and/or venue-specific guidelines.

To do this, please retrieve the name and email of who you will be transferring all of your tickets/registrations to, and ask these individuals to provide the name under which you had initially registered. In completing this purchase, you agree to our strict no-refunds policy.

Event Weather-Related or Other Force Majeure Rescheduling

In the event an event is forced to be rescheduled for weather or any other reason outside of the control of the Company, the Company will have 6 months to reschedule a makeup date. Anyone who registered for the event will be credited for the rescheduled date.

If the Company is unable to reschedule the date within 6 months of the original event date, the spectator or participant will be entitled to a full refund.

Not being able to make a makeup date is not an acceptable reason for a refund. As with other registrations for events, you can transfer your registration to someone else associated with the event.

Event/Program Refund Approval Guidelines

It is in our sole discretion to give partial or full credits to participants who do not follow our rules and policies or quit after having registered. It should be understood that our event fees, facility costs, staffing costs, and insurance costs are set based on a projected number of participants and spectators.

If a player or spectator is removed or quits, it is in our sole discretion to give partial or full credit. Refund requests are responded to within 1 to 2 business days of the cancellation request form being submitted. Any refund or credit offered will be returned within 10 to 15 business days of a resolution being reached on the refund request.

Credit

NYC Basketball League and Playbook Credit can be used towards registration for any future event or program offered by the Company

Digital Purchase Agreement

In completing this purchase, you acknowledge that you are the corresponding cardholder, and that such purchase or transaction was made voluntarily with full, witting consent.