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Terms of service

NBA League Pass

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Score28.0
Reviewed
Policy typeTerms of service
Concern findings10
Protections1
Source supportStrong

Source provenance

Verified official source
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Last checked
Published

What changedInitial captured version for this source.

Snapshot hash dff25247eb14a5443a1eea9a6469d0d65c8d356957bd9964aa6317afc7d71f45

Snapshot of the source text at fetch time, not a live mirror of the policy page.

Plain-English summary

The NBA.com Terms of Use include several significant concerns for users. The most notable is the mandatory arbitration agreement, which includes a class and collective action waiver, and a jury trial waiver, severely limiting your ability to pursue legal action in court (risk_flags-0001). The company also disclaims liability for the misconduct of other users or third parties and limits its own liability for direct damages to the amount you paid in the month the issue arose. Additionally, they exclude liability for indirect damages and events beyond their reasonable control (risk_flags-0005). There's also a strict one-year limit to file any claims related to the terms or services. Regarding data use, any messages or submissions you provide are treated as nonconfidential and nonproprietary, meaning they can be used by third parties and the company gains broad, perpetual, royalty-free, and irrevocable rights to all your submissions, becoming their property for any purpose without attribution or payment to you (data_use-0002, data_use-0003, data_use-0004). In terms of service termination, the company can change, suspend, or discontinue any aspect of the services, or restrict your access, at any time without notice or liability, for reasons at their sole discretion (cancellation_renewal-0002). They can also immediately disconnect your mobile service if your equipment interferes with their operations (cancellation_renewal-0001). Other notable clauses include the company's ability to unilaterally change the terms of use, with your continued use signifying acceptance (gotchas-0001). Your account can be suspended or terminated if your registration data is suspected to be untrue or incomplete (gotchas-0002), and you are solely responsible for unauthorized activities on your account if you don't promptly report misuse of your login credentials (gotchas-0003). Finally, you are required to indemnify the company and its affiliates against claims, liabilities, damages, and expenses arising from your use of the services or any breach of the terms (gotchas-0004).

90% confidence

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Risk Flags

2 findings

Critical issues, red flags, or areas that significantly disadvantage the user.

high95% confidence

Mandatory Arbitration and Class Action Waiver

These terms include an arbitration agreement, a class and collective action waiver, and a jury trial waiver that affect your rights. In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court.

Mandatory arbitrationClass-action waiver

Why it matters: You waive your right to a jury trial and participation in class action lawsuits, and disputes must be resolved through arbitration, which typically offers less discovery and appellate review than traditional court proceedings.

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, A CLASS AND COLLECTIVE ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU HAVE AN OPPORTUNITY TO OPT OUT OF THE ARBITRATION AGREEMENT AS SET FORTH BELOW. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

TERMS OF USE, paragraph 3 · Citation strength: strong

high95% confidence

Disclaimer for Events Beyond Control

To the maximum extent permitted by applicable law, the Operator Parties shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond their reasonable control, including, but not limited to: the acts of third parties, errors in the content or services, 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.

Why it matters: The company is not liable for damages or injuries resulting from events beyond their control, such as third-party actions, errors, system failures, or natural disasters, leaving you without recourse in such situations.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SERVICES, 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.

MOBILE CONTENT & TEXT MESSAGE CAMPAIGNS, paragraph 24 · Citation strength: strong

Data Use

2 findings

Policies related to the collection, use, sharing, and protection of user data.

high95% confidence

Nonconfidentiality of Messages in Message Features

Messages submitted through the Message Features, including, but not limited to, any data, questions, comments, or suggestions, are, and will be treated as, nonconfidential and nonproprietary. Messages also include answers generated by the Message Features. By submitting a Message through the Message Features, 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 Operator other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in Section 4 below.

Why it matters: Any information you share through message features, including data and suggestions, is considered nonconfidential and nonproprietary, meaning it may be used by third parties, read or intercepted by others, and does not create a confidential relationship with the Operator.

Messages also include answers generated by the Message Features. By submitting a Message through the Message Features, 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 Operator other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in Section 4 below.

Dispute Resolution; Small Claims Court; Agreement to Arbitrate, paragraph 21 · Citation strength: strong

high95% confidence

Company Ownership of All Submissions

All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you through the Services may be used by the Operator for any purpose, now or in the future, without any attribution or payment to, or further authorization by, you.

Why it matters: All content you submit becomes the company's property, allowing them to use it for any purpose, now or in the future, without needing your permission or providing any payment or attribution to you.

All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you through the Services may be used by the Operator for any purpose, now or in the future, without any attribution or payment to, or further authorization by, you.

Dispute Resolution; Small Claims Court; Agreement to Arbitrate, paragraph 23 · Citation strength: strong

Cancellation and Renewal

2 findings

Terms related to account termination, subscription cancellation, and automatic renewals.

medium90% confidence

Immediate Disconnection for Interference

Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator.

Why it matters: Your mobile service may be immediately disconnected if your equipment or software interferes with the company's operations, potentially disrupting your access without warning.

Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator.

MOBILE CONTENT & TEXT MESSAGE CAMPAIGNS, paragraph 2 · Citation strength: strong

high95% confidence

Termination of Service Without Notice or Liability

The Operator may change, suspend, or discontinue any aspect of the Services at any time, including, but not limited to, the availability of any Services feature, database, or content. The Operator may also impose limits on certain features and services or restrict your access to parts or the entirety of the Services without notice or liability at any time in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Services or conduct which the Operator believes is harmful to other customers, to the Operator’s business, or to other information providers.

Why it matters: The company can change, suspend, or discontinue any part of the services, or restrict your access to them, at any time without notice or liability, potentially disrupting your usage for reasons solely at their discretion, including perceived violations of terms or harm to their business.

The Operator may also impose limits on certain features and services or restrict your access to parts or the entirety of the Services without notice or liability at any time in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Services or conduct which the Operator believes is harmful to other customers, to the Operator’s business, or to other information providers.

TERMINATION OF SERVICE, paragraph 1 · Citation strength: strong

Gotchas

4 findings

Potentially overlooked clauses that could be unfavorable to the user.

medium90% confidence

Unilateral Changes to Terms of Use

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. Your continued use of the Services following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your access and use of the Services after such changes have been posted.

Unilateral amendment

Why it matters: The company can change the terms at any time by updating the posting, and your continued use of the services after such changes means you automatically accept them.

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 Services following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your access and use of the Services after such changes have been posted.

TERMS OF USE, paragraph 4 · Citation strength: strong

medium90% confidence

Right to Suspend or Terminate Account for Inaccurate Registration Data

If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services or the Mobile Service (or any portion thereof).

Account termination without notice

Why it matters: Your account can be suspended or terminated, and future service use refused, if the company suspects your registration information is untrue, inaccurate, or incomplete, without explicit fault on your part.

If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Services or the Mobile Service (or any portion thereof).

Dispute Resolution; Small Claims Court; Agreement to Arbitrate, paragraph 12 · Citation strength: strong

medium90% confidence

User Responsibility for Unauthorized Account Activities

You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Operator 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.

Why it matters: You are fully responsible for all activities and charges made through your account, even if unauthorized, unless you immediately notify the company of any misuse of your login credentials.

You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Operator 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.

Dispute Resolution; Small Claims Court; Agreement to Arbitrate, paragraph 14 · Citation strength: strong

medium90% confidence

Indemnification for Service Use and Breach of Terms

You hereby agree to indemnify and hold the NBA Entities and the Leagues, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing 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 Services, including, but not limited to use of any Message Feature, Modular Content, or the Store; and (ii) any breach or alleged breach of these Terms of Use.

Indemnification

Why it matters: You are required to protect the company and its affiliates from all claims, liabilities, damages, and expenses (including legal fees) arising from your use of the services or any breach of the terms.

You hereby agree to indemnify and hold the NBA Entities and the Leagues, each of their present, former and/or future parent companies, subsidiaries, divisions, units, and affiliates, and each of their successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing 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 Services , including, but not limited to use of any Message Feature, Modular Content, or the Store; and (ii) any breach or alleged breach of these Terms of Use.

NBA Account Relations, paragraph 6 · Citation strength: strong

Protections

1 finding

Transparency and commitments that benefit the user.

Protection95% confidence

Clear Opt-Out for Arbitration

You have an opportunity to opt out of the arbitration agreement as set forth below.

Why it helps: You are explicitly informed that you have a chance to opt out of the arbitration agreement, allowing you to retain your right to pursue legal action in court if you choose.

YOU HAVE AN OPPORTUNITY TO OPT OUT OF THE ARBITRATION AGREEMENT AS SET FORTH BELOW.

TERMS OF USE, paragraph 3 · Citation strength: strong

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