National Association of Basketball Coaches (“NABC,” “we,” “us,” or “our”) respects your privacy and understands the importance of privacy to our current and prospective members. We developed this Privacy Policy (the “Policy”) to explain how we collect, use, share, and protect Personal Information (defined below), and your choices about the collection and use of Personal Information.

 

This Policy applies to Personal Information collected or processed through our website- www.nabc.com (“Site”), offered memberships, and any other NABC operated websites or social media pages that link to this Policy (collectively, the “Services”).

 

After you read this Policy, please read our Terms of Use. This Policy and our Terms of Use work in conjunction. In the event any terms in this Policy conflict with the Terms of Use, the Terms of Use shall control.

 

1.     What is Personal Information?

“Personal Information” is information that, either alone or in combination with other information, identifies or relates to a particular individual. Examples of Personal Information include, among others, name, email address, phone number, mailing address, health information, test information, and online identifiers.

 

2.     How We Use Your Personal Information

We use or in the future may potentially use Personal Information for the following purposes:

 

• Offering our memberships and in-Site resources to

 

• Analyzing, administering, and improving the Site or

 

• Sending you NABC-related information and promotional

 

• Managing your NABC membership and “Coaches Portal”

 

• Protecting our rights or our

 

• Meeting legal obligations; and

 

• Other purposes related to the reasons for which you provided Personal Information to

 

We will retain your Personal Information as long as necessary to fulfill the purposes for which we collected and processed the Personal Information, or as required by applicable laws.

 

3.     Types of Personal Information We Collect and Use

 

1. Information that you Provide Us

 

In various places within the Site, we may request information from you via forms. The exact information we need to collect (including Personal Information) will depend on the purpose of the form.

 

For example, when you apply for a NABC membership, and fill out the relevant online form, we may collect the following Personal Information from you:

 

• Name,

 

• Date of birth,

 

• Mailing address,

 

• Email address,

 

• Employment information, and

 

• Unique online

 

We will indicate on the form whether a particular field of information is mandatory or optional. If you choose not to provide certain information, we may not be able to provide the requested services.

 

B.    Information We May Collect from You

 

We may collect the following types of information automatically through your use of the Site:

 

·       Cookies, Device Identifiers, and Similar technologies

 

When you use or access the Site or Services, we and our service providers may use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you interact with the Site or Services. Cookies are small data files that are transferred to your computer’s hard disk and are used to store information about website visits, your preferences, and enhances website functionality. If we use cookies, device identifiers, or similar technologies, we may process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Site, to enhance your experience through personalization, and to help us better understand the features of the Site that you and other users are most interested in.

 

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.

 

Some of our service providers may use cookies or other methods to gather information regarding your use of the Site or Services and may combine the information in these cookies with Personal Information about you that they may have. The use of such tracking information by a third party depends on the privacy policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

 

·       Log File Information

 

When you use the Site, our servers automatically record information, including IP Address, browser type, referring URLs (e.g., the site you visited before coming to our Site), domain names associated with your internet service provider, information on your interaction with the Site, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients.

 

We use Log File Information collected from our implementation of the Site to help secure the Site or Services by improving the Site’s function and content and identifying potential threats or vulnerabilities.

 

4.     Disclosure of Personal Information

 

We will not disclose Personal Information except as set forth in this Policy. This section describes to whom we disclose Personal Information and for what purposes:

 

• Service Providers. We engage third party service providers to assist us in our day-to-day operations and operating our Site, perform administrative activities on our For

 

example, we may use third party service providers to send our marketing materials and surveys to you. In addition, we also engage a third-party service provider to process your payments associated with your NABC memberships. We take commercially reasonable steps to ensure our service providers provide at least the same level of protection for Personal Information as we do.

 

• Companies Involved in Mergers and Acquisitions Transactions. If we sell or otherwise transfer part or the whole of our business or assets to another organization (g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site and Services, including Personal Information, may be among the items sold or transferred.

 

• Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies; in response to subpoenas, court orders, or other legal process; to establish, protect, or exercise our rights; to defend against a legal claim; to protect the rights, property, or safety of any other person; or as otherwise required by law.

 

5.     How We Protect the Confidentiality of Personal Information

 

We protect the confidentiality and security of Personal Information we obtain in the course of business. We use commercially reasonable safeguards, such as pseudonymization and industry-standard encryption technology, to help keep the Personal Information collected through the Site and Services secure.

 

Despite these efforts to store Personal Information in a secure environment, we cannot guarantee the security of Personal Information during its transmission or its storage. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

 

6.     Accessing, Updating, or Deleting Personal Information

 

If you would like to access, update, or delete Personal Information about you, you may submit a request to membership@nabc.com. We will promptly review all such requests in accordance with applicable law.

 

7.     Retention and Deletion

 

As discussed above, in Section 2 (How We Use Your Personal Information), we keep your Personal Information only as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may de-identify, aggregate, or pseudonymize your Personal Information consistent with applicable laws and industry standards so that it can no longer be associated with you, in which case it is no longer treated as Personal Information.

 

It is our policy to retain Personal Information, such as payment card receipts associated with electronic transactions, for three years. Once the Personal Information is no longer necessary for the purpose of collection, we will delete such Personal Information thereafter. This means that, at our sole discretion, if

 

you terminate your NABC membership, and do not re-apply for NABC membership for an extended period, we will delete your Personal Information after three years.

 

8.     Personal Information Transferred to the U.S.

 

If you are using the Site from outside the United States, please be aware that Personal Information may be transferred to, stored, and processed in the United States. Although we take steps to provide adequate safeguards, the data protection laws of the United States might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to the United States for the purposes described in this Policy.

 

9.     Opting Out of Receiving Electronic Communications

 

With your permission, we or our service providers may send you newsletters, surveys, marketing materials, or other information via email or text messages (“Communications”). You may choose to stop receiving Communications by clicking on the conspicuous “Unsubscribe” link located at the bottom of any email or text we or our service providers send to you. Please note that certain Communications are necessary for the proper functioning and use of the Site or Services and you may not have the ability to opt out of those Communications.

 

10.  Children’s Privacy

 

We do not knowingly collect or solicit Personal Information directly from anyone under the age of thirteen. If you are under thirteen, please do not send any Personal Information about yourself to us through the Site, Services, or offline.

 

11.  Third Party Websites and Links, Including Social Media

 

We are not responsible for the practices employed by any non-NABC operated websites or services linked to or from our Site, including the information or content contained therein. A link from the Site to a third party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Information to third parties.

 

12.  Changes to Our Policy

 

We may modify or update this Policy from time to time, so please review it periodically. If we make a change to this Policy that, in our sole discretion, is material, we will notify you as appropriate under the circumstances. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to the Site.

 

13.  How to Contact Us

 

If you have any questions about this Policy, please email us at membership@nabc.com or write to us at:

National Association of Basketball Coaches

30 West Pershing Rd., Suite 840

Kansas City, MO 64108

 

Effective Date: October 1, 2024

These Terms of Use (“Terms”) govern your access to this website and all other websites operated by the National Association of Basketball Coaches (“NABC”) (collectively, the “Site”). BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

 

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

 

IMPORTANT NOTICE: THESE TERMS (1) REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES; AND (2) INCLUDE A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US.

 

1. Content.  The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of NABC or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, NABC reserves all other rights in and to the Site and Content, including all intellectual property rights.

 

1. Use Rights.  You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by NABC.

 

1. Use of Marks.  NABC owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by NABC.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.

 

1. Accounts. To access and use certain areas or features of the Site, you will need to register for a NABC account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

 

1. Privacy Notice. We may collect certain personal information about you and about your use of the Site as described in our Privacy Notice.

 

1. Intellectual Property Rights.  The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to NABC or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

 

1. Compliance with Laws.  In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

 

1. SMS/Text Messaging Terms & Conditions.

 

1. By opting into any NABC text program, you expressly consent to receive recurring marketing and/or transactional text messages that may be sent using an automatic telephone dialing system, by or on behalf of NABC, at the cell phone number you provide us. You consent to receive transactional, operational, or informational text messages at that phone number. Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.

 

1. Participating Carriers. 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), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.

 

1. Opt Out. To stop receiving text messages from NABC, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while NABC processes your request(s). If you need further assistance, text HELP to the number sending the message, or contact NABC at Eric@nabc.com.

 

1. Cost. Message and data rates may apply for any messages sent to you from or on behalf of NABC, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

 

1. Changes/Updates. These SMS/Text Messaging Terms & Conditions may be updated by NABC at any time without prior notice. By continuing to be enrolled in any NABC text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.

 

 

1. Children’s Information.  The Site is not directed at children under the age of eighteen (18) years old.  If you are under eighteen (18) years old, you must immediately stop using the Site.

 

1. Restrictions on Your Use of the Site.

 

1. You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without NABC’s prior written consent.

 

1. You will not use the Site for unlawful purposes.

 

1. You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

 

1. You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.

 

1. You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

 

1. You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

 

1. You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

 

1. You may not frame, mirror, or circumvent the navigational structure of any part of the Site.

 

1. You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

 

1. You may not engage in any conduct while using the Site that NABC considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

 

1. Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

 

1. Social Media.  Links to NABC’s social media pages (e.g. Facebook, Twitter, LinkedIn, and YouTube) may be included on the Site (“Social Media Pages“).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect NABC’s views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement by NABC of that third party or any service or company they represent.

 

1. NO WARRANTY.  THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

 

NABC MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  NABC DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  NABC DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

 

1. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NABC OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “NABC PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A NABC PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NABC PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

1. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE NABC PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION). 

 

1. Third-Party Websites and Content.  The Site may link to, or be linked to, websites not maintained or controlled by NABC.  Those links are provided as a convenience to the visitors of our Site.  NABC is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  NABC does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.

 

1. Third Party Content.  The Site may also contain certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that NABC has reviewed the third-party Content or that there is any association between NABC and any third party.  You access third-party Content at your sole risk. NABC has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.

 

18. Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of NABC.  If NABC grants you a right to link to the Site, certain terms may apply, and NABC reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by NABC in enforcing its rights under this Section.

 

1. Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.  THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS NABC OR THE NABC PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

 

1. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.  NABC may suspend or terminate, the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  NABC shall not be liable to you or anyone else for any damages arising from or related to NABC’s suspension or termination of your access to the Site or the Content, or in the event NABC modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

 

1. Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

 

1. Cooperation with Law Enforcement.  NABC will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD NABC AND THE NABC PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

 

1. DISPUTE RESOLUTION AND ARBITRATION.

 

PLEASE READ THIS SECTION CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. Dispute Resolution. You and NABC agree that any and all disputes, claims or controversies arising out of or relating to your use of or access to our Site or related to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of these Terms to arbitration (each, a “Dispute”), except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST NABC. If any provision of this Section 23 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
2. Informal Resolution. To the extent feasible, the parties desire to resolve any Dispute through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). To provide this opportunity to resolve any Dispute, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to NABC should be sent by mail to the National Association of Basketball Coaches, Attn: Arbitration Provision, 30 West Pershing Road, Suite 840, Kansas City, MO 64108. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. If we are not able to resolve any Dispute ourselves, you and NABC agree to resolve such Dispute through confidential binding arbitration as set forth below.
3. Binding Arbitration. If you and NABC are unable to resolve a Dispute through informal negotiations or in small claims court (as set forth below), either you or NABC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website: adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and determined by a court rather than an arbitrator. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms, you and NABC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
4. Confidentiality of Proceedings. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law.
5. Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
6. Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 23 by emailing us at Eric@nabc.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing that only a court may be used to resolve any Dispute. Opting out will not affect any other aspect of these Terms and will have no effect on any other or future agreements you may reach to arbitrate with us.
7. Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the California State Bar Act to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available.

 

24. Terms Applicable to New Jersey Consumers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

1. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of NABC’s successors and assigns.

 

1. Entire Agreement.  These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and NABC with respect to your access to and use of the Site.

 

1. Waiver.  NABC’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by NABC.

 

1. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

 

1. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and NABC may be provided to you electronically to the extent permissible by law.

 

1. Contact Us.  Please direct any questions and concerns regarding these Terms to us at Eric@nabc.com.