PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING OUR SITES & SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR SERVICES.
These Terms and Conditions of Use (“Terms”) apply solely to your access to, participation in, and use of, any websites, digital and electronic content or other online services, or in-person services provided by or belonging to Inner Drive Hoops (hereinafter referred to as, “we” or “us” or ID Hoops) and our other online or mobile applications and services described herein (collectively, the “Sites or Services”). We hereby grant you a limited, non-exclusive license to utilize the Sites or Services as set forth herein. These Terms do not alter the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates for products, services or otherwise. We reserve the right to change or modify the terms, conditions and notices under which the Sites or Services are offered, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites or Services and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and any applicable policies to understand the terms and conditions that apply to your use of the Sites or Services. If you do not agree to the amended terms, conditions and notices, you must stop using the Sites or Services. Any use of the Sites or Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Sites or Services. If you have any questions regarding the use of the Sites or Services, please contact mail@idhoops.com.
1. The Sites or Services Do Not Provide Advice. All material appearing on the Sites or distributed through the Sites or Services, including but not limited to coaching basketball, playing basketball, any basketball activity, text, graphics, images, video, digital media and third-party content, including but not limited to Digital Content described herein (collectively “Content”) is for informational purposes only. The Content is not intended to be a substitute for professional advice. Always seek the advice of a qualified professional with any questions you may have regarding a particular condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard or viewed on the Sites. Reliance on any information provided by us, the Sites or Services, our employees, our agents, other users of the Sites or Services, or other persons appearing on or contributing to the Sites or Services at our invitation is solely at your own risk.
2. Privacy Policy – Please refer to our Privacy Policy for information about how we collect, use and disclose personally identifiable information from our users.
3. Membership Agreement – All sales from the Sites are governed by our Membership Agreement. Please refer to the Membership Agreement as the terms, conditions and policies applicable to your purchase of products and services from us. The Membership Agreement is subject to change without notice, at any time and in our sole discretion, so you should review the Membership Agreement each time you make a purchase from the Sites. Your continued use of the Sites or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Membership Agreement and any applicable policies to understand the terms and conditions that apply to your use of the Sites or Services. If you do not agree to the amended terms, conditions and notices, you must stop using the Sites or Services. Any use of the Sites or Services in violation of these terms may result in, among other things, termination or suspension of your right to use the Sites or Services with no refund for any previous payments to Inner Drive Hoops. This includes an itemized version of both fee’s for services provided and fee’s incurred which you were not notified of until cancellation of Service. Violation of these terms includes any violation of Inner Drive Hoops player code of conduct, parent code of conduct and all code of conduct or other policies. If you have any questions regarding the use of the Sites or Services, please contact mail@idhoops.com.
4. Eligibility, Registration and Account – To be eligible to use the Sites or Services, you must be at least 18 years of age or accompanied by someone who is 18 years of age or older, and a resident of the United States. You represent and warrant that you have not previously been suspended from the Sites or Services and that you have the right and capacity to accept and be bound by these Terms.
In order to access certain areas of the Sites or Services, you agree to
(a) provide accurate, truthful, current and complete information to Inner Drive Hoops;
(b) maintain and promptly update your information;
(c) maintain the security of your information by not sharing your information with others and restricting access to your information on your computer and/or mobile device;
(d) promptly notify us if you discover or otherwise suspect any security breaches related to the Sites or Services and
(e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
5. Copyright and Limited License -Unless otherwise indicated, the Sites or Services and all content and other materials therein, including without limitation to our basketball services, logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site or Service Materials”) are the proprietary property of us or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites or Services and Site or Service Materials; however, such license is subject to these Terms and any applicable End User License Agreement and does not include:
(a) any resale or commercial use of the Sites or Services or Site or Service Materials;
(b) the distribution, public performance or public display of Site or Service Materials,
(c) modifying or otherwise making any derivative uses of the Sites or Services, Site or Service Materials or any portion thereof;
(d) use of any data mining, robots or similar data gathering or extraction methods;
(e) downloading (other than the page caching) of any portion of the Sites or Services or Site or Service Materials or any information contained therein, except as expressly permitted; or
(f) any use of the Sites or Services or Site or Service Materials other than for their intended purposes. Any use of the Sites or Services or Site or Service Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Copyright Complaints – If you believe that anything available on the Sites infringes upon any copyright you own or control, you may request removal of those materials (or access thereto) from the Sites by contacting our Designated Agent and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Trademarks “ID Hoops,” our logos and any other product or service name or slogan contained in the Sites or Services are our trademarks or those of our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ID Hoops” or any other name, trademark, product or service name belonging to us without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. Links to Third Party Sites -The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Linked Site.
9. Hyperlinks – You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logos or other proprietary graphics to link to the Sites or Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Sites or Services, the content of any text or the layout/design of any page or form contained on a page of the Sites or Services without our express written consent.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right belonging to us or any third party.
10. Third Party Content – We may provide third party content on the Sites or Services (“Third Party Content”) as a service to those interested in this information. We do not monitor or have control over Third Party Content. Unless otherwise expressly stated by us, we do not endorse or adopt, and we are not responsible or liable for, any Third-Party Content. We do not make any representations or warranties of any kind regarding the Third-Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or non-infringement. We undertake no responsibility to update or review any Third-Party Content and users use such content contained herein at their own risk.
11. No Unlawful or Prohibited Use – As a condition of your use of the Sites or Services, you warrant that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services or interfere with any other party’s use and enjoyment of the Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services.
12. Disclaimer of Warranties and Liability – WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES OR IN THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES OR SERVICES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE AND/OR OUR LICENSORS, SUPPLIERS AND CONTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.ADVICE RECEIVED VIA THE SITES OR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INCLUDE THE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. YOU SHOULD CONSULT A LICENSED PHYSICIAN PRIOR TO BEGINNING OR MODIFYING ANY DIET OR EXERCISE PROGRAM THAT YOU UNDERTAKE, AND YOU ACKNOWLEDGE THAT WE HAVE ADVISED YOU OF THE NECESSITY OF OBTAINING SUCH CONSULTATIONS. THE INFORMATION CONTAINED ON THE SITES IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS IN NO WAY INTENDED TO PROVIDE MEDICAL ADVICE. MEDICAL INFORMATION MAY CHANGE RAPIDLY AND WE CANNOT VERIFY THE ACCURACY OR TIMELINESS OF ANY INFORMATION IT PROVIDES. IN ADDITION TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, WE DISCLAIM ANY AND ALL LIABILITY OR LOSS IN CONNECTION WITH YOUR USE OF THE SITES OR ANY DIET, EXERCISE OR OTHER ACTIVITY THAT YOU UNDERTAKE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES.
We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Sites or Services or in any Digital Content. Reliance on any information provided by us or our employees, users or any other third parties on the Sites and the Digital Content is solely at your own risk.
13. Limitation of Liability; Damages Cap – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES WITH NO REFUND FOR ANY PRIOR PAYMENTS TO INNER DRIVE HOOPS.WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIABILITY AND LIMITATION OF LIABILITY IN OUR TERMS AND CONDITIONS OF USE: (I) IN NO EVENT SHALL OUR OR OUR SOFTWARE LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, THE DIGITAL CONTENT OR THE SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00); AND (II) IN NO EVENT SHALL OUR OR OUR CONTRIBUTOR’S OR DIGITAL CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FROM YOUR USE OF THE SITES,THE DIGITAL CONTENT, THE SOFTWARE OR INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES EXCEED THE AMOUNT YOU PAID TO US TO PURCHASE, RENT, OR VIEW THE CONTENT RELATED TO YOUR CLAIM FOR DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
14. Class Action Waiver YOU AND INNER DRIVE HOOPS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR INNER DRIVE HOOPS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR PRO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND PRO FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, INNER DRIVE HOOPS, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
15. Modifications to the Sites or Services – We reserve the right to modify or discontinue, temporarily or permanently, the Sites, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Sites, the Services or any part thereof.
16. Applicable Law and Venue – These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Mercer County, New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
17. Termination/Access Restriction – Notwithstanding anything contained in these Terms, we reserve the right, in our sole discretion, to terminate or block your access to the Sites, the Services and the related services, or any portion thereof, at any time, without notice.
18. Severability – If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
