Terms of Website Use

Effective Date: 8/1/2016

WILT CHAMBERLAIN MEMORIAL FUND, INC. TERMS OF WEBSITE USE

WELCOME TO THE OFFICIAL WEBSITE OF THE WILT CHAMBERLAIN MEMORIAL FUND (“Website”), a Pennsylvania non-profit corporation that enjoys IRC Section 501(c)(3) tax exempt status. THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE WEBSITE. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF  WEBSITE USE (“Terms of Use”) BEFORE ACCESSING AND/OR USING THE WEBSITE.

1.) ACCESS AND USE OF THE WEBSITE: By accessing and using the Website, you signify your agreement to these Terms of Use, as well as the Wilt Chamberlain Memorial Fund, Inc.’s Privacy Policy, and all applicable laws and regulations governing your access and use of the Website. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to these Terms of Use will mean you accept those changes. If you do not agree to these Terms of Use, please do not access and use the Website. In addition, hereby incorporated into the Terms of Use are all special terms, conditions and rules that may be referred to by particular features and services located on the Website that may be applicable to your access and/or use of such features or services. These Terms of Use apply whether you are accessing the Website and/or services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future.

In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

2.) OWNERSHIP: All of the content of this Website (“Content”), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software (“Software”), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to the Wilt Chamberlain Memorial Fund, Inc., Philadelphia 76ers, L.P., the National Basketball Association, and/or their respective affiliates, licensees, sponsors and advertisers and may not be reproduced without the prior written consent of the Wilt Chamberlain Memorial Fund, and the applicable affiliate, licensee, sponsor and advertiser.

3.) LIMITED LICENSE; RESTRICTIONS: You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of the Wilt Chamberlain Memorial Fund, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. The Wilt Chamberlain Memorial Fund does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.

You may not “frame” the Content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any Wilt Chamberlain Memorial Fund trademarks without the express written consent of the Wilt Chamberlain Memorial Fund.

Nothing contained on the Website or in these Terms of Use should be construed as granting by implication, estoppel or otherwise any license or right to use any Content, including without limitation any logo, trademark, tradename, copyright, or other proprietary right, or any Software, or images of people, places, products, or things displayed or available on the Website, except as may otherwise be specifically permitted by these Terms of Use. The grant of this limited license is conditional upon your agreement to and compliance with all these Terms of Use. Any other use of any of the materials on this Website, including reproduction (for any purposes other than those noted above), modification, transmission, distribution, or republication, without the prior written permission of the Wilt Chamberlain Memorial Fund, is strictly prohibited. If you download any Software from this Website, the Software is subject to the limited license set out above. The Wilt Chamberlain Memorial Fund and/or its Software suppliers (as the case may be) retain all rights, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE: “Forum” means a chat area, message board or e-mail function offered as part of this Website. If you participate in any Forum within the Website or furnish any material or information to the Website (“User Content”), you must not and User Content shall not:

  1. defame, abuse, harass or threaten others;
  2. make any bigoted, hateful or racially offensive statements;
  3. advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
  4. post or distribute any material that infringes and/or violates any right of a third party or any law;
  5. post or distribute any vulgar, obscene, discourteous or indecent language or images;
  6. advertise or sell to or solicit others;
  7. use the Website or Forum for commercial purposes of any kind;
  8. post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
  9. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
  10. restrict or inhibit any other user from using and enjoying the services or features of the Website;
  11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
  12. upload, post, email, transmit or otherwise make available 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;
  13. use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  14. interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
  15. gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
  16. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
  17. gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify the Wilt Chamberlain Memorial Fund immediately in the event of unauthorized use of your password or account; and (v) the Wilt Chamberlain Memorial Fund shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration.

You must be thirteen (13) years of age or older to register for and receive certain membership benefits.

It is Wilt Chamberlain Memorial Fund policy to respect the privacy of all customers. The Wilt Chamberlain Memorial Fund may use the consumer information we collect in variety of ways, subject to the terms of our Privacy Policy. The Wilt Chamberlain Memorial Fund reserves the right, but not the obligation, in the exercise of its sole discretion, to remove or edit User Content from the Website at any time and for any reason, including but not limited to User Content that (i) violates any term of these Terms of Use; or (ii) is illegal, offensive or inappropriate. Any violation of these Terms of Use may result in termination of your access to the Website and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) the Wilt Chamberlain Memorial Fund a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. Any such materials submitted will be treated as non-confidential and non-proprietary, and by submitting such materials you acknowledge that any such materials (i) may be used, read or intercepted by others; (ii) create no confidential, fiduciary, contractually implied or other relationship between you and the Wilt Chamberlain Memorial Fund other than pursuant to these Terms of Use; and (iii) are subject to the grant of rights to the Wilt Chamberlain Memorial Fund as described herein.

You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless the Wilt Chamberlain Memorial Fund for all claims resulting from User Content you post.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

5.) DISCLAIMER: THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WILT CHAMBERLAIN MEMORIAL FUND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, THE WILT CHAMBERLAIN MEMORIAL FUND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SOFTWARE ON THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

While the Wilt Chamberlain Memorial Fund tries to provide accurate information on this Website, the Wilt Chamberlain Memorial Fund explicitly disclaims any responsibility for the accuracy, Content, or availability of information found on sites that link to or from this Website. The Wilt Chamberlain Memorial Fund cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. The Wilt Chamberlain Memorial Fund does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. The Wilt Chamberlain Memorial Fund does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. The Wilt Chamberlain Memorial Fund strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise the Wilt Chamberlain Memorial Fund (at the contact information provided below) if you discover any inaccuracy in the Content.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.

6.) LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE WILT CHAMBERLAIN MEMORIAL FUND NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF THE WILT CHAMBERLAIN MEMORIAL FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE WILT CHAMBERLAIN MEMORIAL FUND OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.

7.) INDEMNIFICATION: You agree to defend, indemnify and hold harmless the Wilt Chamberlain Memorial Fund and its directors, employees and respective agents, and contractors from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the Website; your violation, breach or alleged violation or breach of these Terms of Use.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8.) LINKS FROM THIS WEBSITE: This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:

(a) All permitted links to this Website must be to the Wilt Chamberlain Memorial Fund Website home page (prucenter.com), and no link to the Website may be “framed” if the “frame” contains any advertising or other commercial text or graphics.

(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., AOL Internet Service), or public or nonprofit institution (e.g., State of New Jersey or the United Way) may not link to this Website without the prior written permission of the Wilt Chamberlain Memorial Fund, even though the page/area where the link originates does not promote a product, brand, service or institution.

(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of the Wilt Chamberlain Memorial Fund if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service) that, in the sole opinion of the Wilt Chamberlain Memorial Fund, is distasteful, offensive or may reflect adversely upon the reputation and good will of the Wilt Chamberlain Memorial Fund; (ii) the link is a plain text link and does not include any mark or logo directly associated with the Wilt Chamberlain Memorial Fund; and (iii) the link is 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 plain text link.

NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by the Wilt Chamberlain Memorial Fund of the Linked Services or the content thereof. The Linked Services are not under the control of the Wilt Chamberlain Memorial Fund and accordingly the Wilt Chamberlain Memorial Fund is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9.) SUBMISSIONS: The Wilt Chamberlain Memorial Fund must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, “Unsolicited Submissions”), and the Wilt Chamberlain Memorial Fund neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Wilt Chamberlain Memorial Fund creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs. By transmitting Unsolicited Submissions to the Website and/or transmitting any email, message, or information, material and data responsive to a feature on the Website (collectively, “Submissions”), you are automatically granting the Wilt Chamberlain Memorial Fund and its affiliates a perpetual, royalty-free, nonexclusive, unrestricted, worldwide and irrevocable right and license, but not any obligation, to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. The Wilt Chamberlain Memorial Fund and its affiliates also have the right, but not the obligation, to use your name in connection with the broadcast, online display, print, or other use or publication of your Submission. If the Wilt Chamberlain Memorial Fund or one of its affiliates solicits your Submission in connection with a Website feature, the terms governing the feature shall apply to your Submission as well as these Terms of Use and the Privacy Policy.

 

10.) OFFERS: From time to time, the Wilt Chamberlain Memorial Fund may offer items for sale or auction at the Website. Such offerings may be changed or withdrawn at any time without prior notice, and the Wilt Chamberlain Memorial Fund reserves the right to order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly, the Wilt Chamberlain Memorial Fund cannot warrant the security of your personal information.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.

11.) TERMINATION: These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise.

 

12). DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

In order to expedite and control the cost of disputes, you and Wilt Chamberlain Memorial Fund agree that any legal or equitable claim relating to use of Wilt Chamberlain Memorial Fund Websites or applications (referred to as a “Claim”) will be resolved as follows:

  1. A. INFORMAL RESOLUTION: You and Wilt Chamberlain Memorial Fund will first attempt to resolve any Claim informally. In the event that any dispute between Wilt Chamberlain Memorial Fund and you arises out of or relates to these Terms of Use, the applicability of these Terms of Use to the use of any Wilt Chamberlain Memorial Fund Website or applications, or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to: Wilt Chamberlain Memorial Fund c/o Philadelphia 76ers, L.P., Attn: General Counsel, 3 Crescent Drive, Suite 300, Philadelphia, PA 19112.
  2. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of any Wilt Chamberlain Memorial Fund Website, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.

If you and Wilt Chamberlain Memorial Fund cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Wilt Chamberlain Memorial Fund understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Wilt Chamberlain Memorial Fund each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would. Wilt Chamberlain Memorial Fund and you understand that, absent this mandatory arbitration provision Wilt Chamberlain Memorial Fund and you would have the right to sue in court and have a jury trial. Wilt Chamberlain Memorial Fund and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The Arbitration shall be conducted by a single neutral arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Wilt Chamberlain Memorial Fund shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless Wilt Chamberlain Memorial Fund is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Wilt Chamberlain Memorial Fund and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Wilt Chamberlain Memorial Fund and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Wilt Chamberlain Memorial Fund and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held in Philadelphia, Pennsylvania, unless you and Wilt Chamberlain Memorial Fund both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Wilt Chamberlain Memorial Fund must do the following things:

(1)       Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. You can find a copy of a Demand for Arbitration at www.adr.org.

(2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line:

To file by mail send the initial filing documents and the filing fee to: AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ

To file via fax send the initial filing documents and a completed charge card authorization form for the filing fee to 877-304-8457. To file byemail send the filing documents and a check or a completed charge card authorization form for the filing fee to CaseFiling@adr.org. Charge card authorization forms are available at www.adr.org/Services/Forms. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register.

(3) Send one copy of the Demand for Arbitration to the other party.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Wilt Chamberlain Memorial Fund shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Wilt Chamberlain Memorial Fund agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may choose to pursue your individual claim in small claims court where jurisdiction and venue over Wilt Chamberlain Memorial Fund and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.

13.) CLASS ACTION WAIVER

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

Wilt Chamberlain Memorial Fund and you agree that Wilt Chamberlain Memorial Fund 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. Wilt Chamberlain Memorial Fund and you further agree that Wilt Chamberlain Memorial Fund 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 Essex County, New Jersey.

The terms of this provision will also apply to any claims asserted by you against Philadelphia 76ers, L.P. and its parent or affiliated companies 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.

14.) LIMITED TIME TO FILE CLAIMS: You and Wilt Chamberlain Memorial Fund agree that any Claim arising out of your use of any Wilt Chamberlain Memorial Fund Website or application will be asserted within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

15.) GENERAL PROVISIONS: Those who choose to access this Website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. The Wilt Chamberlain Memorial Fund does not represent that the Website and the services and Content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Website from outside the United States, you are solely responsible for compliance with any applicable foreign laws. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 12, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Philadelphia, Pennsylvania. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of the Wilt Chamberlain Memorial Fund to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted below.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

16.) AMENDING THE TERMS AND CONDITIONS OF USE: 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 Wilt Chamberlain Memorial Fund. We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this Website apply as soon as they are shown and shall only apply prospectively. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this Website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this Website, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability. Any amendment applies only from the date on which it is added to these Terms of Use.

17.) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE: If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.

If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of Sections 5, 6, 7, 8, 10, 14, and 15 do not limit or waive your rights under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Wilt Chamberlain Memorial Fund reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence.

Notwithstanding the foregoing, nothing in this Section shall modify Subsection 12(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

18.) CONTACT: If you have any comments or questions about the above Terms of Use, please contact:

Wilt Chamberlain Memorial Fund, Inc.
3 Crescent Drive, Suite 300
Philadelphia, PA 19112

Wilt Chamberlain Memorial Fund, Inc., a Pennsylvania non-profit corporation that enjoys IRC Section 501(c)(3) tax exempt status, is a distinct legal entity from Philadelphia 76ers, L.P., the legal entity that owns and operates the Philadelphia 76ers National Basketball Association member team. The official registration and financial information of Wilt Chamberlain Memorial Fund may be obtained from the Pennsylvania Department of State by calling toll free within Pennsylvania 1(800) 732-0999. Registration does not imply endorsement. Employer ID# 461683699.