Welcome to HoopStudy Academy!
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The HoopStudy Service
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use the HoopStudy Service
•You must be at least 13 years old.
•We must not have previously disabled or terminated your account for violation of law or any of our policies.
How You Can’t Use the HoopStudy Service
•You can’t impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
•You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
•You can’t violate (or help or encourage others to violate) these Terms or our policies.
•You can’t do anything to interfere with or impair the intended operation of the Service.
•You can’t attempt to create accounts or access or collect information in unauthorized ways.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
•We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
Term of Service, Automatic Renewal, and No Refunds
•Subject to timely payment of all fees, you will be given access to the HoopStudy service for the duration of your subscription period (subject to your adherence to these Terms of Service).
•Unless you notify us in writing at firstname.lastname@example.org at least 72 hours prior to the expiration of your subscription, you will be automatically renewed on a monthly basis for the Service and charged at the regular rate for the Service.
•All course and subscription fees are non-refundable. No refunds are given for any reason, including, but not limited to, the following reasons: (i) you delete your account before the expiration of your subscription period; (ii) your account is terminated due to your violation of these Terms of Service or any law; (iii) you decide you no longer wish to train or play basketball; (iv) you are injured, whether or not the injury occurred while playing a sport; and (v) we decide to remove any content for any reason. Except for (ii), you may continue to use and maintain your profile until the expiration of your subscription period.
•You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
Our Agreement and What Happens If We Disagree
•If any aspect of this agreement is unenforceable, the rest will remain in effect.
•Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
•We reserve all rights not expressly granted to you.
Who Has Rights Under This Agreement
•This agreement does not give rights to any third parties.
•You cannot transfer your rights or obligations under this agreement without our consent.
•Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible If Something Happens
•Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
•We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
•Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
•You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
•Acknowledgment of Risk and Acceptance of Full Responsibility for Your (or Your Child’s) Use of the Services: You acknowledge that you (or your child) have voluntarily chosen to use the Services, including but not limited to, video courses, which involve remote individual participation by you (or your child) in basketball drills, exercises, work outs, and/or live game play, which cannot be monitored, supervised, controlled or known by HoopStudy due to its remote nature, and you accept full responsibility for the monitoring, supervising, controlling and knowing of you (or your child’s) participation in all such remote activities.
•Hold Harmless: In consideration for allowing me (or my child) to use the Services, and to the fullest extent permitted by law, I agree that neither my child nor I will make a claim against, sue, attach the property of or prosecute HoopStudy Academy LLC, or its officers, principals, agents, employees, and assigns for damages for death, personal injury or property damage which I (or my child) may sustain as a result of my (or my child’s) use of the Services.
This release is intended to discharge in advance HoopStudy Academy LLC and its officers, principals, agents, employees, and assigns, from and against any and all liability, including for negligent actions, arising out of or connected in any way with my, or my child’s, use of the Services or any other activity, including, but not limited to, any injury, illness or recurrence of any undisclosed pre-existing injury or illness, except for liability that may arise out of the willful or wanton misconduct of HoopStudy Academy LLC, and its officers, principals, agents, employees, and assigns.
I FURTHER UNDERSTAND THAT SPORTS INVOLVE PHYSICAL CONTACT BETWEEN PLAYERS, THAT SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING SUCH SPORTING ACTIVITIES, AND THAT PARTICIPANTS IN SUCH SPORTING ACTIVITIES OCCASIONALLY SUSTAIN SERIOUS PERSONAL INJURIES (INCLUDING DEATH) AND/OR PROPERTY DAMAGE, AS A CONSEQUENCE THEREOF. KNOWING THE RISKS OF PARTICIPATION, NEVERTHELESS, I HEREBY AGREE THAT I AND/OR MY CHILD ASSUME THOSE RISKS AND RELEASE AND HOLD HARMLESS HOOPSTUDY ACADEMY LLC, AND ITS OFFICERS, PRINCIPALS, AGENTS, EMPLOYEES, AND ASSIGNS, WHO (THROUGH NEGLIGENCE OR CARELESSNESS), MIGHT OTHERWISE BE LIABLE TO ME, MY CHILD (OR OUR HEIRS OR ASSIGNS) FOR DAMAGES.
How We Will Handle Disputes
•Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or HoopStudy (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other HoopStudy users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
•Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, email address or phone number you use for your HoopStudy account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: HoopStudy Academy LLC, ATTN: HoopStudy Arbitration Opt-out, 20 Newport Parkway #2208 Jersey City NJ 07310.
•Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address or phone number you use for your HoopStudy account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to HoopStudy Academy LLC, ATTN: HoopStudy Arbitration Filing, 20 Newport Parkway #2208 Jersey City NJ 07310. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your HoopStudy account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
•We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provide us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
•For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
•The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
•We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can unsubscribe at anytime.
Revised: February 1, 2021