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Terms & Conditions

Pacers Team Store: Website Terms of Use

Welcome to the website located at www.pacersteamstore.com (the "Team Store Site" or “Site”).  The website is owned by Pacers Basketball, LLC  ("Pacers," “us”, or “our”), and operated by Magnitude, LLC, http://www.marketmagnitude.com.  By using the Team Store Site, and/or any of our other digital offerings (which may include applications you access on your phone or other mobile device, such as a tablet (“apps”)) you agree to be bound by this Terms of Use agreement (“Team Store Site TOU”), our Privacy Policy (located at /privacy-policy),  and all applicable laws and regulations, and you acknowledge that our Team Store Site TOU and Privacy Policy apply to the Team Store Site and our digital offerings; if you do not agree to be bound by the Team Store Site TOU and our Privacy Policy, and to follow all applicable laws and regulations, you are not permitted to use the Team Store Site or any of our other digital offerings.

The Store

By placing an order on the Store, you shall pay Pacers all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by us and/or your credit card issuer. Pacers may bill your credit card at the time Merchandise is ordered. Pacers may, in its sole discretion, decline service to or terminate your Team Store Site account without notice.

We reserve the right, in our sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys). We reserve the right, in our sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which we deems to be illegal, offensive or inappropriate.

Questions relating to the Store, Merchandise and its fulfillment should be directed to Pacers either by: (i) e-mail to customerservice@pacers.com, or (ii) telephone at 317-917-2755. You may also refer to the Contact Us section of the Store for more information.

Modifications    
We may modify this Team Store Site TOU at any time and, accordingly, we urge you to frequently review it.  Changes to the Team Store Site TOU will be posted on this page. Your continued use of the Team Store Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your use of the Team Store Site after such changes have been posted.

IMPORTANT NOTICES: This Team Store Site TOU requires you to indemnify us against any and all claims by third parties arising out of your use of the Site in violation of the Team Store Site TOU.

Effective Date
This TOU was last modified on September 28, 2017.

Communications
When you send an e-mail or other digital communication to us, you are communicating with us electronically.  You thereby consent to receive communications from us electronically; however, please note that e-mail communications are not necessarily secure and confidential.  For instance, it is possible that information transmitted to us via e-mail may be read or obtained by other parties.  In an attempt to protect your information, our e-mail responses do not include personal account information.   We recommend that you do not include such information in e-mail communications directed to us.  We may communicate with you by postal mail, e-mail or by posting notices on the Team Store Site.  All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may send us notice(s) (such notices shall be deemed given when received) at any time by sending an email to customerservice@pacers.com; sending us a fax at: (317) 917-2755; or sending us a letter delivered by first class postage prepaid mail or courier to Pacers Team Store at the following address:125 South Pennsylvania Street, Indianapolis, IN 46204, Attn: .  Please Note: Any notice you send to us related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Team Store Site, and/or the provision of content, services, and/or technology on or through the Team Store Site must be provided as specified in this section.

Limited License
Everything that you read or see on the Team Store Site is copyrighted or otherwise protected and owned by us or a third party who licensed or granted to us the right to use such material.  Unless otherwise expressly noted, nothing that you read or see on the Team Store Site may be copied or used except as provided in this Team Store Site TOU or with our prior, written approval.  You may download material displayed on the Team Store Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Team Store Site for public or commercial purposes on any other Web site or otherwise without our written permission. Modification of any materials displayed on the Team Store Site is a violation of our copyright and other proprietary rights we or others may own. We make no warranties or representations to you that your use of any materials displayed on the Team Store Site will not infringe the rights of third parties.

 

Unsolicited Submissions: Although we are pleased to hear from our fans and welcome your comments regarding the Team Store Site and the Indiana Pacers, our policies do not permit us to accept or consider unsolicited submissions. We hope you will understand that it is our intent to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials we may develop might appear to be similar to your submission(s). Accordingly, we must ask that you do not send us any unsolicited submissions, we assume no responsibility for reviewing such submissions and we will not incur any liability as a result of any similarities between your submissions and our products or programs. In the event you do submit unsolicited submissions to us, such submissions shall be deemed, and shall remain, our property. Your submission of any unsolicited submission shall constitute a grant by you to us of the rights described above.

Links
The Site may contain links to other sites on the Internet that are owned and operated by third parties ("Third Party Sites").  We are not responsible for the content of any Third Party Sites.  Therefore, we disclaim any liability for your use of any Third Party Site. Inclusion of any Third Party Site on the Team Store Site does not imply a recommendation or endorsement by us.

Noncommercial sites may link to our Team Store Site as long as: (i) the link resolves to our home page, (ii) the link does not resolve to produce a “framed” page that appears to the user that the content is provided by the linking party rather than by us, (iii) the link used by the third party may only be the words, and not our logo or any other image or symbol (whether associated with us or not), and (iv) the linking page does not include the link near or adjacent to any content that may create a likelihood of confusion as to our potential affiliation, sponsorship or approval of such content.

Release of Liability and Indemnification
You shall defend, indemnify and hold us and our parents, subsidiaries, affiliates and related entities, and each of the aforementioned parties’ respective partners, owners, members, shareholders, directors, officers, employees, agents, representatives, vendors, business partners, successors, assigns and agents harmless from and against all losses, liabilities, damages, and expenses (including attorneys' fees and court costs), based upon any claims, arising out of or relating to: (i) your use of the Team Store Site, and (ii) any breach or alleged breach of this Team Store Site TOU.

Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS TEAM STORE SITE.  WE MAKE NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TEAM STORE SITE OR INABILITY TO USE THE TEAM STORE SITE, TEAM STORE SITE CONTENT OR ANY SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.  IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TEAM STORE SITE.

 

 

CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You and we will resolve any disputes, claims or controversies brought under this Team Store Site TOU or in connection with the Team Store Site on an individual basis, and such disputes, claims or controversies will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this TOU or in connection with the Team Store Site.

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 Marion County, Indiana.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of ours the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Team Store Site.

Injunctive Relief
Any violation of the Team Store Site TOU relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Team Store Site and/or its associated services and/or offerings may result in irreparable injury and damage to us that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. We, therefore, may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with the Team Store Site TOU. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.

United States Only
All material on this Site is provided solely for the purpose of promoting our operations in the United States and its territories.  We make no representation that the material on the Team Store Site is appropriate or available for use in other locations.  If despite these conditions, you use the Team Store Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names and marks on the Team Store Site are trademarks or service marks owned or used under license by us.  The use or misuse of any of these marks or other information is strictly prohibited.

Governing Law
This Team Store Site TOU shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law.  You consent to jurisdiction of the courts in the State of Indiana and acknowledge that venue is proper in the state and federal courts located in Marion County, Indiana.

Miscellaneous Terms
Our failure to strictly enforce any right against you shall not constitute a waiver of such right.  If any provision of this Team Store Site TOU is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the TOU shall continue in full force and effect.  This represents the full understanding of the parties with respect to the subject matter hereof.

Contacting Us
Any questions regarding this Team Store Site TOU may be directed to: Pacers Team Store, 125 South Pennsylvania Street, Indianapolis, IN 46204, Attn: Director of Merchandising and Retail or customerservice@pacers.com.