TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
TBT Enterprises, LLC, also “TBT,” provides this website and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in these Terms of Use (“TOU”). This TOU governs the relationship between TBT and you, TBT’s website, TheTournament.com (“Site”) visitor (“you,” “your”), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this TOU.

1. Intended Use of the Site. By using or attempting to use the Site, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this TOU, please discontinue using the Site immediately.

By using the Site, you agree to be bound by the terms of this TOU and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. Such additional terms and the Site’s Privacy Policy are hereby incorporated in this TOU by reference. This TOU will remain in full force and effect as long as you are a user of the Site and in the event you no longer use the Site, you will still be bound by any obligations on your part under this TOU.

We reserve the right at any time to change the contents of the Site, inclusive of this TOU. Any changes we make will be effective immediately by posting a revised version of this TOU on the Site and updating the date at the bottom of this TOU. Your continued use of the Site after such notice will be deemed acceptance of such changes. We encourage you to return to this page periodically to ensure you are familiar with the most current version of this TOU.

2. Content You Share. In the event you provide information about yourself, you agree to provide accurate, current and complete information and to update your information as appropriate. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, maintain and disclose. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOU and your use of the Site.

3. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules and regulations, including, but not limited to, those governing copyright and trademark and other intellectual property matters. You may not engage in any unauthorized use, copying, or distribution of any of Site content, including reproducing, displaying, publicly performing, or distributing Site content in any way for any public or commercial purpose.
You also agree you will refrain from engaging in the following conduct or transmitting any of the following when using the Site:
a. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
b. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
c. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
d. Other activity that violates the legal rights of others, including without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

4. Intellectual Property. You further acknowledge that TBT is the owner of the trademarks and service marks TBT and its logo and THE BASKETBALL TOURNAMENT. You agree that all uses of the foregoing marks shall only be in connection with the goods and services related to TBT and its logo and THE BASKETBALL TOURNAMENT. All uses require the prior, express written permission of TBT and its suppliers will enforce their respective intellectual property rights in the event of a failure to desist from unauthorized usage. The Site, including all Site software, databases, proprietary information and Site content, as well as any intellectual property and other rights relating thereto, including, without limitation, the selection, sequence, appearance and “look and feel,” are owned and operated by TBT. You understand and agree that the Site is protected by U.S. and international copyright, trademark and other laws, and your use of the Site does not provide any ownership rights to you.

5. Products. In the event you seek to purchase products on the Site, you agree that all information you are requested to provide to conduct the transaction will be current and accurate. Such information will be governed by the Privacy Policy of this Site. You represent that you have the legal right and ability to use the method of payment, inclusive of credit card, to complete all transactions, and you understand you may be asked for verification of information to complete any transactions. You acknowledge that the prices and availability of any products may change without notice, and refunds and exchanges will be subject to the refund and exchange policies in effect at the time as set forth on the Site or supplier’s site.

6. Links. The Site may contain links to other Internet websites. TBT does not review all of the websites’ content that are linked to the Site, is not responsible for such content, and the presence of such links does not indicate the approval or endorsement of any material contained in any linked sites. Accordingly, we encourage you to become familiar with the terms of use and practices of any linked site and to review the Site’s Privacy Policy for additional information regarding third party websites.

7. Children’s Online Privacy Protection Act. This Site complies with the Children’s Online Privacy Protection Act. However, we cannot prohibit minors from visiting this Site. We must rely on parents and guardians of children under 13 to monitor such children’s activities and determine what Site content is acceptable. All personally identifiable information of a child under 13 must have the parent or guardian’s permission and we will delete all PII from a child under the age of 13 in the event we inadvertently receive and learn about such information. Please see our Privacy Policy for more information.

8. Limitation of Liability. You acknowledge that this Site and all content, information and materials made available through this Site are provided to you “as is” without any express warranties or representations of any kind. TBT disclaims all statutory and implied representations, warranties, terms and conditions with respect to this Site and all content, information and materials made available through this Site, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Neither TBT, nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Site, its features or any content made available through the Site.

9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless TBT and any other party involved in creating, producing, or delivering the Site, and their respective directors, officers, employees, agents, licensors, and representatives, from and against all claims, losses, costs and expenses, including without limitation attorneys’ fees, arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these terms of use by you or through any account you create in connection with the Site; or, (c) any allegation that any content that you make available or create through the Site, infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.

10. Termination. This TOU is effective until terminated. You agree that we may terminate your access to or use of the Site or any portion thereof, at any time, if you breach the Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice to you.

11.Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BONGINO INC., ITS SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BONGINO INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

12. Questions. The Site is provided by TBT Please contact us if you have any questions or comments. We may be reached at info@thetournament.com or at 222 Berkeley Street, Floor 13, Boston, MA 02116.

13. Governing Law. This TOU are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Suffolk County, Massachusetts, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this TOU are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The TOU is not assignable by you except with the prior written consent of TBT No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Last updated January 28, 2020.