Terms of Use

You accept and agree to be bound by these Terms of Use when you use the Detroit Pistons Basketball Company and Pistons Sports & Entertainment (collectively, “Pistons”) digital platforms, including, without limitation, when you view or access videos or other content.

Please read these terms and conditions of use carefully before using (the “Auction Site”), associated Pistons apps (e.g., mobile apps, tablet apps) and/or associated content offerings (collectively, the “Site”). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the 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 Site after such changes have been posted.

 

1. OWNERSHIP AND USE RESTRICTIONS

The Pistons-related content and materials contained within the Site (including, but not limited to, video, audio, photos, text, images, logos and other intellectual property related to the Pistons and the National Basketball Association (the “NBA”)) (“Pistons Content”) are either owned by or licensed to the Pistons. No Pistons Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of the Pistons.

 

You may not 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 the written permission of the Pistons. Modification of any materials displayed on the Site is a violation of the Pistons’ copyright and other proprietary rights.

 

The Pistons name and logo is the property of the Pistons and NBA Properties, Inc. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

 

Images of people or places displayed on the Site are either the property of, or used with permission by, the Pistons. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Pistons 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 Pistons.

 

2. REGISTRATION

 

Registration Data: If you opt to register for any portion of this Site (including the Mobile Service, as defined below), you agree to: (i) 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 the Pistons has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, the Pistons 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 Pistons 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 the Pistons is authorized to verify such Registration Data.

You acknowledge and agree that the Pistons 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 8 below (titled “Mobile Content & Text Message Campaigns”).

Username and Password: If you opt to register for any portion of this Site (including the Mobile Service), you may be required to establish an account and provide a username and password. You authorize the Pistons to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Pistons of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will the Pistons be liable for the unauthorized use or misuse of your username and/or password. The Pistons may need to change usernames allocated to certain of our products and services and the Pistons reserves the right to do so. The Pistons collects and uses your username, password and other Registration Data in accordance with the Privacy Policy of the Site.

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 the Pistons deems appropriate, such as your mobile telephone number.

3. MESSAGE FEATURES

 

The Site may offer opportunities for you to send messages or postings in connection with various features including Wish Lists, Fan Favorites Lists, and Customer Reviews; electronic mail, chats with special guests, online polls and petitions, and forums to communicate with other users (“Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Site.

 

You must use Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.

 

The Pistons shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the Pistons shall have the sole discretion to terminate your access to the Site. Please be advised that the Pistons may cooperate with any law enforcement authorities or court order requesting or directing the Pistons to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site.

 

Although the Pistons may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Pistons is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Pistons.

 

Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Pistons other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Pistons described in Section 4 below.

 

4. SUBMISSIONS

 

By transmitting any Message (see Section 3 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting the Pistons a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Messages and 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 Pistons. This means that anything submitted by you to NBA.com may be used by the Pistons for any purpose, now or in the future, without any payment to, or further authorization by, you. The Pistons also has 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.

 

Solicited Submissions: At times, the Pistons may solicit Submissions from visitors to NBA.com, 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 Pistons of the Rights described above.

Unsolicited Submissions: Although we are pleased to hear from Pistons and NBA fans and welcome your comments regarding the Site and the Pistons, unfortunately, the Site’s policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Pistons or the NBA 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 future NBA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Pistons. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Pistons of the Rights described above.

5. VOTES, CONTESTS AND SWEEPSTAKES

 

The Site may offer you opportunities to vote in connection with certain events and to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Terms of Use.

 

6. MOBILE CONTENT & TEXT MESSAGE CAMPAIGNS

 

Mobile Service. The Mobile Site and/or other areas of the Site may provide mobile alerts and other mobile entertainment content, such as news, auction updates, videos and other information or data via SMS, MMS, WAP, BREW and other means of mobile content delivery 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 Terms of Use. In addition, on Site pages where the Mobile Service (including any Mobile Alert) is offered, the Pistons 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.

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. There may be service fees associated with certain Carrier services necessary to download content. 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 Pistons’ operations. Any equipment or software causing interference with the Pistons’ operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Pistons. 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.

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 Pistons 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.

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 Terms of Use, 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.

Cancellation of Text Messages. To stop receiving text messages from a specific Pistons text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one Pistons text message program, you will need to text STOP to the short code provided for each program from which you no longer wish to receive text messages.

 

7. MERCHANDISE AND BIDDING

 

The Site, operated by Commerce Dynamics, allows you to order products (the “Merchandise”) supplied and managed by the Pistons. 

By placing a bid on the Site, you agree to pay Pistons the amount you bid if you win, including sales tax and shipping and handling charges, when due.

By placing an order on the Site, you agree to pay Pistons 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 the Pistons, or your credit card issuer. Pistons or Commerce Dynamics on behalf of the Pistons may bill your credit card at the time Merchandise is ordered. Pistons or Commerce Dynamics may, in their sole discretion, decline service to or terminate your Site account without notice.

The Pistons reserves the right, in its 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 Site (e.g., jerseys). The Pistons reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Pistons deems to be illegal, offensive, or inappropriate.

8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

 

While the Pistons uses reasonable efforts to include accurate and up to date information in the Site, the Pistons makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. The Pistons assumes no liability or responsibility for any errors or omissions in the content of the Site.

 

Neither Pistons, NBA, Palace Sports & Entertainment, Detroit Pistons Foundation, Pistons GT, LLC, DPGL, LLC, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, directors, licensors, suppliers, or shareholders (collectively, the “Pistons 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 PISTONS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PISTONS 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 PISTONS 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 PISTONS PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE PISTONS 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 TERMS OF USE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PISTONS 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 TERMS OF USE 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 TERMS OF USE.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PISTONS 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 TERMS OF USE, 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 Pistons or any affiliate of any third party site or content. The Pistons is not responsible for the availability of these third party resources, or their contents. The Pistons 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 the Pistons with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.

 

9. NOTICE

The Pistons may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in the Pistons’ account information, or by written communication sent by first class mail to a user’s address if on record in the Pistons’ account information. You may give notice to the Pistons (such notice shall be deemed given when received) at any time by letter delivered by first class postage prepaid mail or courier to Pistons Marketing, at the following address:

Detroit Pistons Basketball Company

Attn: Marketing Department

6201 Second Ave

Detroit, MI 48202

 

With a copy to: 

Detroit Pistons Basketball Company

Attn: General Counsel

6201 Second Ave

Detroit, MI 48202

 

10. INDEMNIFICATION

 

You hereby agree to indemnify and hold the Pistons Parties, harmless from all claims, 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 use of any Message Feature; and (ii) any breach or alleged breach of these Terms of Use.

 

11. TERMINATION OF SERVICE

 

The Pistons may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Pistons 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 the Pistons’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Pistons, for any reason or purpose, including, but not limited to, conduct that the Pistons believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Pistons believes is harmful to other customers, to the Pistons’ 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.

 

12. 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:

 

Detroit Pistons Basketball Company

Attn: General Counsel 

6201 Second Ave

Detroit, Michigan 48202

Phone: 313-771-7634

Email: RHaddad@pistons.com

 

13. DISPUTES

These Terms of Use shall be deemed made in and shall be construed in accordance with and governed by the laws of the State of Michigan.  Any suit brought to enforce or otherwise related to this Agreement shall be brought in a court situated in Wayne County, Michigan, and the parties hereby subject themselves to the personal jurisdiction thereof.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, the Pistons or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice via letter delivered by first class postage prepaid mail or courier to Detroit Pistons Basketball Company General Counsel, at the following address:

Detroit Pistons Basketball Company

6201 Second Avenue

Detroit, MI 48202

Attn: General Counsel

 

14. CLASS ACTION WAIVER.

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

 

The Pistons and you agree that the Pistons and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use 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. The Pistons and you further agree that the Pistons and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use 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 Detroit, Michigan.

 

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Pistons 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.

 

15. CHOICE OF LAW

 

These Terms of Use and any disputes relating to these Terms of Use or the Site will be governed by the laws of the State of Michigan, United States of America, without regard to its principles of conflicts of laws. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The Pistons will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms of Use.

 

16. INJUNCTIVE RELIEF

 

You acknowledge and agree that any violation of the Agreement 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 the Pistons that may not be adequately compensable in money damages, and for which the Pistons will have no adequate remedy at law. You, therefore, consent and agree that the Pistons may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.

 

17. MISCELLANEOUS

 

These Terms of Use 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 Pistons. The Pistons in its sole discretion may amend these Terms of Use, 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 Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use 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.