EFFECTIVE DATE: August 9, 2021
IMPORTANT NOTICES: THESE TOU ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION N.
A. Scope of Policy
These TOU apply to your use of the Pacers Family’s digital platforms, including Pacers Family websites (e.g., Mobile Wallet Website (defined below)), apps (e.g., mobile apps, tablet apps), the Mobile Wallet (defined below), and online content offerings. The Pacers Family includes Pacers Basketball, LLC d/b/a Indiana Pacers and Pacers Sports & Entertainment, Fever Basketball, LLC d/b/a Indiana Fever, Pacers Basketball Development, LLC d/b/a Fort Wayne Mad Ants, Pacers Sports, LLC d/b/a Pacers Gaming, Fieldhouse Management, LLC d/b/a Gainbridge Fieldhouse, and Pacers Foundation, Inc. (collectively, the “Pacers Family,” “we,” “us,” “our” and “ours”). You accept and agree to be bound by these TOU when you use the Pacers Family’s digital platforms, including, without limitation, when you view or access videos or other content.
B. Ownership and Use Restrictions
The content and materials contained within the Site (including but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the Pacers Family) (“Content”) are either owned or licensed by the Pacers Family. No Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these TOU without the written permission of Pacers Family.
Pacers Family maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the 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 Site for public or commercial purposes on any other Web site or otherwise without our written permission. Modification of any materials displayed on the Site is a violation of the Pacers Family’s copyright and other proprietary rights. We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
Unless otherwise indicated, all logos, names and marks on the 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. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any logo, name or mark displayed on the Site without the written permission of Pacers Family. Your use of the names, logos and/or marks displayed on the Site, or any other content on the Site, except as provided in these TOU, is strictly prohibited.
The use of any of the images of people or places displayed on the Site by you, or anyone else authorized by you, is prohibited unless specifically permitted by these TOU or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Pacers Family neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Pacers Family.
NBA, WNBA and NBA and WNBA member team trademarks, logos, identifications, statistics, game action photographs, and video and audio are the exclusive property of NBA Properties, Inc. and/or WNBA Enterprises, LLC, as applicable, and each of their member teams and may not be used without the prior written consent of NBA Properties, Inc. or WNBA Enterprises, LLC, as applicable.
C. Team Store
The Team Store is located at www.pacersteamstore.com (the “Team Store Site”). The Team Store Site is owned by Pacers Basketball, LLC, and operated by the Pacers Family and Legends Hospitality, LLC (http://www.legends.net).
By placing an order on the Team Store Site, you shall pay Pacers Family 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 Family may bill your credit card at the time merchandise is ordered. Pacers Family 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 Team 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 Team Store Site, merchandise and its fulfillment should be directed to Pacers either by: (i) e-mail to firstname.lastname@example.org, or (ii) telephone at 317-917-2755. You may also refer to the Contact Us section of the Team Store Site for more information.
1. Registration Data: If you opt to register for any portion of this Site (including the Mobile Service, as defined below), you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Mobile Service (or any portion thereof). You acknowledge and agree that the Pacers Family shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Mobile Service or your account. You further agree that we are authorized to verify such Registration Data.
You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see Section G below (titled “Mobile Content & Text Message Campaigns”).
3. Access Without Registration: This Site may provide you with access to some products and services without you having to register as a user, such as signing up for Mobile Alerts via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
By submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable rights and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Pacers Family. This means that anything submitted by you to the Site may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. We also have the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
1. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Pacers Family of the Rights described above.
2. Unsolicited Submissions: Although we are pleased to hear from our fans and welcome your comments regarding the Site and the Pacers Family, 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. As is the case with solicited Submissions, your submission of any unsolicited Submission shall constitute a grant by you to us of the Rights described above.
F. Contests and Sweepstakes
The Site may offer you opportunities to enter contests and sweepstakes. By entering contests or sweepstakes online via the Site, you signify your agreement to all special terms set forth on the Site applicable to the contest or sweepstakes, as well as to the terms set forth in these TOU.
G. Mobile Content & Text Message Campaigns
1. Mobile Service. The mobile Site and/or other areas of the Site may provide mobile alerts and other mobile entertainment content, such as updates and schedule alerts, message service updates, special announcements, real-time voting, text shout outs that will be shown on TV, and other mobile entertainment content, via an interactive mobile SMS service to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Site and is therefore subject to the other provisions of these TOU. In addition, on Site pages where the Mobile Service (including any Mobile Alert) is offered, we may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
2. Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device.
Message and data rates may apply. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Pacers Family’s operations. Any equipment or software causing interference with the Pacers Family’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Pacers Family. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
3. Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you
agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from a member of the Pacers Family’s text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.
Consent to receive text messages is not a condition of purchasing a good or service.
4. Who Can Receive Text Messages? By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these TOU, which form a binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
5. Cancellation of Text Messages. To stop receiving text messages from a specific member of the Pacers Family’s text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive (or respond STOP to the respective text message). After doing so, you will receive confirmation of your opt-out via text message. Texting STOP does not cancel all text message subscriptions. If you have signed up for more than one member of the Pacers Family’s text message programs, you will need to text STOP to the short code provided for each program from which you no longer wish to receive text messages.
6. What If I Want More Information? To request more information, simply text HELP to the short code provided in the applicable text message program (or reply to the text with the word HELP) about which you have questions.
7. How Many Text Messages Will I Receive? When you opt-in to a specific text message program, we will send you a message to confirm your signup. You will receive one message per request.
The number of text messages you receive as part of a specific text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency of text messages are included in the description of each applicable text message program.
8. Who Are the Participating Carriers? Content is not available on all carriers and carrier participation could change.
As of the Effective Date, supported Carriers include, without limitation, the following: AT&T, Verizon Wireless, Sprint, T-Mobile®, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cricket, COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Illinois Valley Cellular, Inland Cellular, Nex-Tech Wireless, Thumb Cellular, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Consult with your carrier to see if it participates in a particular text message program.
The content is not compatible with all mobile phone models. Pacers Family will not be liable for any delays in the receipt of any text messages or changes to participating carriers, as delivery is subject to effective transmission from your carrier with active participation at that time.
9. How are the Text Messages Sent? Pacers Family or its vendor may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the text messages.
H. Mobile Wallet
1. General. The Site may provide you with access to the Fieldhouse Mobile Wallet (the “Mobile Wallet”) for contactless payments at designated locations at Gainbridge Fieldhouse and such other locations as determined by the Pacers Family. In addition to these TOU and all applicable laws, your access to and use of the Mobile Wallet is subject to all additional terms and conditions established by the Pacers Family (the “Supplemental Terms”). Supplemental Terms include the terms set forth at mobilewallet.pacers.com (the “Mobile Wallet Website”). By accessing or using the Mobile Wallet or the Mobile Wallet Website, you signify your assent to be bound by these TOU and the Supplemental Terms. In addition to the notifications set forth in Section I of these TOU, titled “Changes to Our TOU”, we may modify the Supplemental Terms at any time and, accordingly, we urge you to frequently review the Supplemental Terms. Changes to the Supplemental Terms will be posted on the Mobile Wallet Website. Your continued use of the Mobile Wallet or the Mobile Wallet Website following the posting of changes to the Supplemental Terms will mean you accept those changes and that such changes shall apply to your use of the Mobile Wallet and the Mobile Wallet Website after such changes have been posted. For additional information regarding Mobile Wallet eligibility, please see the Supplemental Terms.
2. Orders. By placing an order or making a purchase via the Mobile Wallet, you shall pay the Pacers Family or such other designated Pacers Family vendor (e.g., Pacers Family’s concessionaire) all amounts applicable to your purchase, including all applicable tax, when due. Your ability to purchase products or services via the Mobile Wallet is subject to any limits established by us and/or your credit or debit card issuer. The Pacers Family or its vendors may bill your credit or debit card at the time the product and/or service is ordered. The Pacers Family may, in its sole discretion, decline service to or terminate your Mobile Wallet account without notice. We reserve the right, in our sole discretion, without prior notice, to limit the order quantity for any product or service and/or to refuse service to any customer. All refunds for products and services purchased via the Mobile Wallet will be addressed in accordance with Pacers Family’s or the applicable vendor’s refund policy, as applicable.
3. Your Conduct. You agree to use the Mobile Wallet in accordance with all applicable laws and regulations as well as any policies, requirements, or regulations of networks connected to the Mobile Wallet. You agree not to use the Mobile Wallet for illegal or fraudulent purposes, or for any other purposes that are prohibited by these TOU or the Supplemental Terms. You further agree not to interfere with or disrupt the functioning or features of the Mobile Wallet (including accessing the service through any automated means) or any servers or networks connected thereto. Unauthorized access to, use of, or monitoring of data or traffic on the Mobile Wallet is strictly prohibited.
4. Questions. Questions relating to the Mobile Wallet should be directed to Pacers Sports & Entertainment either by: (i) telephone at (317) 917-2827 or (ii) e-mail to email@example.com.
I. Changes to Our TOU
J. Release of Liability and Indemnification
You hereby agree to defend, indemnify and hold the Pacers Family and their parents, subsidiaries, affiliates and related entities, and each of the aforementioned parties’ respective principals, officers, directors, governors, partners, owners, members, shareholders, employees, agents, representatives, vendors, sponsors, licensees, contractors, partners, successors, and assigns harmless from and against any and all claims, losses, liabilities, damages, and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including but not limited to the Team Store Site and the Mobile Wallet, and (ii) any breach or alleged breach of these TOU.
K. Disclaimer and Limitation of Liability
While the Pacers Family uses reasonable efforts to include accurate and up to date information in the Site, the Pacers Family makes no warranties or representations as to its accuracy. The information contained in or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Pacers Family assumes no liability or responsibility for any errors or omissions in the content of the Site.
Neither the Pacers Family nor any of their respective parents, subsidiaries, affiliates, or related entities, or any of the aforementioned parties’ respective owners, employees, directors, officers, governors, licensors, suppliers or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TOU SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE OPERATOR FROM YOU FOR THE USE OF THE SITE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TOU AND/OR THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TOU, THE SITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Pacers Family or any affiliate of any third party site or content. Pacers Family is not responsible for the availability of these third party resources, or their contents. Pacers Family has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against Pacers Family with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
L. Termination of Service
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these TOU or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.
M. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement on the Site is:
Pacers Basketball, LLC
125 South Pennsylvania Street
Indianapolis, IN 46204
N. CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and the Pacers Family agree that you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these TOU in connection with the Site 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 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 to 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 Site.
O. Injunctive Relief
You acknowledge and agree that any violation of these TOU relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the 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 TOU. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
P. 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 Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.
Q. Choice of Law/Jurisdiction
You agree that any dispute over these TOU will be brought in a court of competent jurisdiction in Marion County, Indiana and that these TOU shall be governed by Indiana law without regard to its internal rules on the conflicts of laws. Jurisdiction for any claims arising under these TOU shall lie exclusively with the state or federal courts in Indianapolis, Indiana.
Without limiting anything set out elsewhere in these TOU, we may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. We assume no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
R. Miscellaneous Terms
These TOU constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Pacers Family. We may in our sole discretion discretion amend these TOU, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these TOU are for convenience only and must not be construed as legal advice to you. If any provision of these TOU is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
S. Contacting Us
Any questions regarding these TOU may be directed to: Pacers Sports & Entertainment, 125 South Pennsylvania Street, Indianapolis, IN 46204, Attn: Digital Marketing or firstname.lastname@example.org.
LAST UPDATED: November 8, 2021
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