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Introduction

Effective as of May 11, 2022

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.

REGISTRATION

You may be asked to register on or through our Services to participate in or receive various services offered by us. When you register, you will select a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You may not share your username and password with or authorize others to use your username and password. You agree to immediately notify us of any unauthorized use of your username and password. You further agree not to adopt an inappropriate username of any kind.

When you register, and in order to access some services and/or features on or through our Services, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by us or third parties during any visit to our Services will be subject to the terms of our Privacy Policy.

By registering on our Services, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.

GUARANTEE

You guarantee that you shall:

·use our services in good faith, in a reasonable manner, not contrary to the terms of this Agreement.

·not use any devices or software other than those provided by us intended to (i) affect or attempt to affect the proper operation of our Website and/or the Services ii) or to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Website and/or Services;

·not to access and/or use our services for illegal purposes;

·not damaging our reputation or image and that of other Users;

·not infringe our rights, in particular our intellectual property rights and that of third parties, including Internet Users;

·not market our services or the contents thereof;

·not engage in any activity that may be categorized as “hacking” or “spamming”;

·not spread content that incite hatred or violence, is threatening, aggressive, pornographic, for the purposes of pimping, or paedophilic, obscene, vulgar, racist, sexually explicit, violent, contrary to good morals, xenophobic, hacking or proselytizing, or containing gratuitous nudity or violence, as well as more generally a liability action;

·not intercept, collect, or share any data provided by other users;

·not upload viruses or other malicious codes;

·not to harass other user;

·not to create several accounts. You are only allowed to create one account;

·not to impersonate any individual or legal entity;

·[have not] been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on Hoopcliq/Hoopcliq Athletic Recruiting or a college or university;

·[have not] not engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on Hoopcliq / Hoopcliq Athletic Recruiting or a college or university, such determination to be in Hoopcliq/Hoopcliq Athletic Recruiting’s sole discretion.

Further, you shall not use the Hoopcliq Email Address to perform any of the following prohibited activities:

·Don’t use the Hoopcliq Email Address to do anything illegal.

·Don’t engage in any activity that exploits, harms, or threatens to harm children.

·Don’t send Spam or use your account to help others send Spam.

·Don’t publicly display inappropriate message (e.g. nudity or pornography).

·Don’t engage in activity that is false or misleading (e.g. impersonating someone else).

·Don’t engage in activity that is harmful to Hoopcliq or the Hoopcliq Email Address of any other student-athlete (e.g. viruses, stalking, hate speech, advocating violence against others).

·Don’t infringe upon the rights of others (e.g. unauthorized sharing of copyrighted photos, music or videos).

·Don’t engage in activity that violates the privacy of others.

COMMUNICATION

You have the option of adding one or more phone numbers to your Hoopcliq profile. If you opt-in to receive text messages on your account, you are consenting to receive Hoopcliq Recruiting Alerts by text message. Text messages may be transmitted automatically. Consent to receive Hoopcliq Recruiting Alert text messages is not required as a condition of purchasing any goods or services. If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive the message or messages may be delayed. Wireless carriers (including, but not limited to, T-Mobile, Verizon and Sprint) are not liable for delayed or undelivered messages. Message frequency varies by account and preferences. Message and Data Rates may apply, and You are solely responsible for any such rates, fees, charges, and taxes associated with receiving Hoopcliq Recruiting Alert text messages. You can text STOP to 58373 at any time to stop the Hoopcliq Recruiting Alerts. To restore Hoopcliq Recruiting Alerts on your mobile phone, just text JOIN to 58373. For help with SMS text alerts, send the word HELP to 58373. All Hoopcliq Recruiting Alerts are subject to the terms of our Privacy Policy.

Upon accepting these Terms and Conditions, we may provide you with a personal email address (the “Hoopcliq Email Address”). You may use this dedicated Hoopcliq Email Address in lieu of a personal email address, so as to keep all our correspondence organized in a single location while using our Services, iPhone App or any other electronic, media or mobile platform that we may elect to use.

OUR PROPRIETARY RIGHTS

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

PRIVACY

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.

SECURITY

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.

INDEMNIFICATION AND RELEASE

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.

LIMITATION OF LIABILITY

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:

termsofuse@hoopcliq.com.

 

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