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Introduction
Effective as of August 18, 2024
The purpose of these terms is to define the conditions of use of our services.
Please read this Agreement carefully before using any of the services described below. By using the services, you are acknowledging that you have read and understood this Agreement and that you agree to be bound by the terms. If you do not agree to be bound by the terms of this agreement, promptly exit this page without accessing or using any of the services.
OUR SERVICES
We provide social networking services for basketball players, coaches, and professionals (“our services”). While using our services, you may post videos, articles, or any other content and receive feedback under our chat system that can be used while using our services. Any interaction between you and other users is private and is your sole responsibility. Further, we do not record the activity of this chat system but any user has the technical capacity to do so, although we expressly prohibit it.
Your use of our services shall be strictly in accordance with this Agreement. Nothing in this Agreement grants or transfers to you any ownership rights in our services, including the software and other intellectual property rights related to our services.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF OUR SERVICES. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICE.
ACCESSIBILITY
The Website and the information contained therein are provided as a service to our clients. We do not guarantee the accuracy or completeness of any information related to our services.
We use our best efforts to make our Services available 24 hours a day, 7 days a week, regardless of the maintenance operations of said Services. However, you acknowledge that the services available on our Website may be described inaccurately, or unavailable, and we may experience delays in updating information regarding the Services. We therefore reserve the right to interrupt access to all or part of the Services for maintenance and/or improvement work.
ELIGIBILITY
This is a contract between you and us. You must read and agree to these terms before using the service. You may use the service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable local, state, national laws, rules, and regulations. Accordingly, children under the age of 13 may not use the Services. If you use the Services, you affirm that you are at least 13 years old.
We alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service.
Our Agreement is not a sale and does not convey to you any rights of ownership in or related to our services, or the Intellectual Property Rights owned by us. Accordingly, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our content. Use of our content for any purpose not expressly permitted by this agreement is strictly prohibited.
The services, our name and logo are our exclusive property.
We shall own all rights, title, and interest to any content, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our services. Accordingly, you may choose to, or we may invite you to submit comments or ideas about our services, including without limitation about how to improve our services or our ideas. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.
Our designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Hoop Cliq Concepts, LLC
Attn: Hoopcliq (DMCA Notice)
PO Box 10416
Fayetteville, AR 72703
Email: termsofuse@hoopcliq.com
We care about the privacy of our users. You understand that by using the service you consent to the collection, use and disclosure of your personally identifiable information and will only be used to identify what the customer needs are to the service providers.
Accordingly, your access to and use of the Service is conditioned on your acceptance of and compliance with the Privacy Policy. Our Privacy Policy describes our policies and procedures on collecting, using, and disclosing your personal information when you use our services and tells you about your privacy rights and how the law protects you.
Please read our Privacy Policy carefully before using our Service.
We care about the integrity and security of your personal information. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to release, defend, indemnify, and hold us, our associates, and our respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
NO WARRANTY
USE OF OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL.
WE DO NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY PROVIDER, NOR THAT ANY SUCH THIRD-PARTY PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY SERVICES.
SOME COUNTRIES, STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Without limiting the foregoing, your correspondence or business dealings with, and use of services of third parties or service providers provided by us, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.
TERMINATION
We reserve the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, we reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, constitute the entire agreement between you and us. It supersedes any prior negotiations, discussions, or agreements, whether written or oral, between you and us regarding the subject matter contained in this User Agreement.
SEVERABILITY
If any portion of these terms is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
DISPUTE RESOLUTION & ARBITRATION
With respect to any and all disputes arising out of or in connection with our Services, the various services offered by us, or these Terms and Conditions, we and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and us do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor us will 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.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Chicago, Illinois. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms and Conditions 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.
GOVERNING LAW
These Terms of Use and the relationship between you and us will be governed by the laws of the State of Illinois, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where the customer may be located or any other jurisdiction.
You agree and consent to the exclusive jurisdiction of the state or federal courts located in the State of Illinois and waive any defense of lack of personal jurisdiction or improper venue or forum to a claim brought in such court, we will elect, in our sole discretion, to litigate the action in the county and state where we are located.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services, or this Agreement shall be filed within one (1) year after such claim or cause of action and no later.
CONTACT US!
If you have any questions or concerns about any of these terms, feel free to contact us at:
Effective August 18th, 2024
We are committed to provide You with high-quality services and to respect Your privacy highly. This Privacy Policy describes Our policies and procedures on collecting, using, and disclosing Your information when You use Our website, program or services.
You represent and warrant that You have sought the consent of any individual whose information You provide to us.
We use both session and persistent cookies for the purposes set out below:
These Cookies are essential to provide You with services available through the Website and enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user Accounts. Without these Cookies, the services You have asked for cannot be provided, and We only use these Cookies to give You those services.
These Cookies identify if users have accepted the use of cookies on the Website.
These cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these cookies is to provide You with more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.
These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the data collected is typically linked to a pseudonymous identifier associated with the Device You use to access the Website. We may also use these cookies to test new advertisements, pages, features, or new functionality of the Website to see how our users react to them.
The Services are intended for a U.S. audience. If you access the Services from outside the United States, please be aware that information you provide to us or that we obtain as a result of your use of the Services may be processed and transferred to the United States and be subject to U.S. law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Services, or by providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States and in accordance with U.S. law.
For users in California. The California Consumer Privacy Act (CCPA) was enacted to give consumers more control over the personal information that businesses collect about them. The California Online Privacy Protection Act, (CalOPPA), was drafted to protect the privacy rights and personal data of California residents. We hereby confirm that we are in full compliance of Our respective obligations under the mentioned laws, as may be amended from time to time.
The Services are neither intended for nor directed at children younger than 13 years of age. We do not knowingly collect or store personal information about children under the age of 13.
If any term in this Policy is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Policy shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Terms in this Privacy P olicy, the Refund Policy, together with the Terms of Service, constitute the entire agreement between You and Us and Our Affiliates and Partners (to the extent of the information We have in relation to Your account from those Partners) with respect to, but not limited to, the Site, Services, and all information, and supersede all previous written or oral agreements between You and Us with respect to, but not limited to, the Site and Services.
If You have any questions about the provisions in this Privacy Policy, You can contact us:
Attn: Hoopcliq Privacy
Hoop Cliq Concepts, LLC
PO Box 10416
Fayetteville, AR 72704
Email: privacy@Hoopcliq.com