The Commission was established by the National Collegiate Athletics Association (the "NCAA") Board of Governors, Division I Board of Directors and President Mark Emmert to examine critical aspects of NCAA Division I men’s basketball. The Commission’s goal is to enhance and protect the intercollegiate athletic experience for every student-athlete and, in doing so, to safeguard the integrity of the game. The Commission, and its commissioners, will operate independent of the NCAA and its governance structure. In carrying out its charges, the Commission will evaluate data, engage key stakeholders, and deliver recommendations on legislative, policy and structural changes to the NCAA.
The Site may offer you an opportunity to submit comments, ideas, concepts, know-how, techniques, suggestions, opinions, votes, content, or other materials (collectively, “Submissions”) in connection with various features on the Site. To the extent you submit any Submissions, you are automatically granting the Commission 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 and/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 or assign such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Commission or its assignee. This means that anything submitted by you to the Site may be used by the Commission, or its assignee, for any purpose, now or in the future, without any payment to, or further authorization by, you. The Commission, and its assignee, 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, unless you specifically communicate to us in writing that you do not want your name to be used or referenced in connection with your Submission.
- Solicited Submissions: At times, the Commission may solicit Submissions from visitors to the Site, including, but not limited to comments, opinions, 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 Commission of the Rights described above. To the extent the Site affords you the opportunity to submit comments, we ask you to not use vulgarity, profanity or insults in such comments. You are free to disagree (even vehemently) with the Commission, but we ask that you do so in a respectful manner.
- Unsolicited Submissions: The Commission welcomes your feedback and suggestions. Unless you have contacted the Commission in advance to memorialize the confidentiality of unsolicited Submissions from you, the Commission will accept the submission on a NONCONFIDENTIAL BASIS. Accordingly, unless you have entered into a specific written understanding with the Commission regarding your submission, the Commission recommends that your content not contain any third party proprietary or confidential information. Further, unless otherwise agreed in a writing between you and the Commission, the Commission, or its assignee, are free to use your Submission for any purpose whatsoever and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site. Without limiting the foregoing, neither the Commission nor its assignee shall have any responsibility to review unsolicited Submissions and will not incur any liability as a result of any similarities between your Submissions and future products, initiatives, actions, programs, or communications of the Commission.
4. Prohibited Content and Activities
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Site, or use the Site in a manner that violates any laws. This includes, but is not limited to:
- Uploading or otherwise transmitting any communication or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable (including without limitation, nudity, and depiction of drug use);
- Uploading or otherwise transmitting any communication or content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading or otherwise transmitting any communication or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Uploading or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- Impersonating any person or falsely stating or otherwise misrepresenting your credentials, affiliation with any person, or the origin of any information you provide;
- Engaging in unauthorized robots, spiders, offline readers, or like devices, scraping, or harvesting of content or information, or using any other unauthorized automated means to compile information, or any other means that accesses the Site in a manner which sends more request messages to the Site server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials;
- Obtaining or attempting to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Site;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumventing, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise altering or interfering with (or attempting, encouraging, or supporting anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Uploading or otherwise transmitting any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
- Engaging in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
All 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. You shall not use any mark in any manner that is likely to cause confusion among consumers as to source or sponsorship of your goods and services, or in any manner that disparages, tarnishes, dilutes, or discredits the Commission or the NCAA. Further, to the extent that third party Trademarks used on this Site are the property of their respective owners, any mention on the Site should not be construed as a challenge to said Trademark’s status or ownership. Any rights not expressly granted herein are reserved. No warranties or representations are made that your use of materials displayed on the Site will not infringe or violate the rights of others.
6. Informational Purposes Only
The information on this Site is for informational purposes only.
7. Links to the Site
The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser:
- On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product, brand or service (a “Commercial Site”) may not link to the Site without written permission, even if the page/area where the link originates does not promote a product, brand or service.
- Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Site without express written permission if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “BasketballCommission.org”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
- No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
- The posting or creation of any link to the Site signifies that you have read these Terms relating to links to the Site and agree to abide by their terms.
- The Commission, or the NCAA acting on the Commission’s behalf, may at any time require the removal of any link to the Site, whether from a Permissible Site or otherwise.
8. Site Content
You may not frame, capture, harvest, or collect any part of the Site or Content without advance written consent. The Commission, or the NCAA acting on behalf of the Commission, may make changes to the Content or this Site at any time, with or without notice, and makes no commitment to update any of these items. Despite our best efforts to provide accurate information in the Content, errors may occur. Before acting on any information appearing on the Site, you should verify its accuracy. The Commission, or the NCAA acting on behalf of the Commission, may also change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Commission, or the NCAA acting on behalf of the Commission, may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability at any time, without prejudice to any legal or equitable remedies available to the Commission or the NCAA, for any reason or purpose, including conduct that the Commission or NCAA believes violates these Terms or other policies or guidelines posted on the Site, or for conduct which the Commission or NCAA believes is harmful to it or other persons. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.
10. Disclaimer of Warranty and Damages; Limitation of Liability
While the Commission, and the NCAA acting on the Commission’s behalf, will make reasonable efforts to include accurate and up to date information in the Site, no warranties or representations are hereby made 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. Neither the Commission nor the NCAA assume any liability or responsibility for any errors or omissions in the content of the Site, and make no 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 at your own 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 COMMISION AND NCAA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMMISSION AND 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 NEITHER THE COMMISSION NOR THE NCAA SHALL BE 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. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE COMMISSION OR NCAA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. The Site may contain links and pointers to other websites, 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 Commission, NCAA, or any affiliate of any third party site or content. The Commission and the NCAA are not responsible for the availability of these third party resources or their contents, have not reviewed any or all of the sites linked to the Site, and are 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 Commission or NCAA with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
You agree to defend, indemnify, and hold harmless the Commission, NCAA, their contractors, affiliates, and licensors, and each of their respective directors, officers, employees, members, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, expenses, demands, fines, interests, penalties, expenses, and harms (including without limitation attorneys' fees, litigation expenses and fees of other professional advisers) relating to or arising from your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.
12. Notices to Users
The Commission, or the NCAA acting on behalf of the Commission, 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 Commission’s or NCAA’s account information, or by written communication sent by first class mail to a user’s address if on record in the Commission’s or NCAA’s account information.
13. Integration and Severability
These Terms constitute the entire agreement between you and the Commission, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us, and governs your use of the Site. In the event any provision of these Terms is held unenforceable or invalid, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
14. No Waiver
The failure by the Commission, or the NCAA acting on the Commission’s behalf, to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
15. Assignment and Binding Effects
You may not assign these Terms or any rights or obligations herein without the prior written consent of the Commission or NCAA, and any attempted assignment in contravention of this provision is null and void and of no force or effect. The Commission has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
16. Some Services Unavailable Worldwide
This Site may refer to some services or programs that are not available worldwide, without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that the Commission or NCAA intends to offer such services or programs in all countries or locations.
17. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither the Commission nor the NCAA will be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
18. Changes; Termination
The Commission, or the NCAA acting on the Commission’s behalf, may change these Terms at any time, with or without notice; your continued use of this Site after any change is made to the Terms signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms for changes. The Commission, or the NCAA acting on the Commission’s behalf, may terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.
19. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and the Commission and the NCAA with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of Indiana without reference to its conflict of law rules. By accessing, viewing, or using the Content or this Site, you consent to the jurisdiction of the federal and state courts presiding in the State of Indiana, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by the Commission, or the NCAA acting on the Commission’s behalf, from its offices within the United States. Neither the Commission nor the NCAA make any representation that this Site or the Content is appropriate or available for use in any location or territory, and access to this Site or the Content from locations or territories where it is illegal is prohibited. The Commission and NCAA will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms.
20. Arbitration and Time Period Limitation for Bringing Claim
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
All disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Indiana. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Commission or the NCAA may seek any interim or preliminary relief from a court of competent jurisdiction in Indiana, necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in Indiana.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
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