Terms of Sale
TERMS OF SALE
Certain products and services may be made available to you (“you” or “User”) by Hoop Brothers, Inc. or its corporate affiliates (collectively, “us”, “we”, or “the Company”) through the Hoop Brothers web site (the “Site”) and service (“Hoop Brothers” or the “Service”). By purchasing any products or services through Hoop Brothers, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases and your use of Hoop Brothers are also governed by the Hoop Brothers Terms of Service (TOS).
These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale so you will understand the terms applicable to such transaction prior to any purchase. If you do not agree to these Terms of Sale, do not make any purchases on Hoop Brothers.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
In order to qualify to make purchase on Hoop Brothers, you must agree and comply with these Terms of Sale (to include the TOS). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Hoop Brothers sells its services only to those users who can legally make purchases with acceptable payment methods offered by Hoop Brothers. Hoop Brothers reserves the right to cancel or delete accounts, or refuse orders, at any time in its sole discretion.
Subscription Service Terms
Hoop Brothers may offer certain services or products on a subscription basis with recurring payments. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Hoop Brothers reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Monthly Subscription Service you agree that Hoop Brothers may automatically charge the subscription fee to your chosen payment method at the beginning of each payment period. Your access to the Hoop Brothers Subscription Service will not be established until Hoop Brothers has verified that the credit card or other payment information you provide Hoop Brothers for payment is accurate and that your credit card account or other payment method account is in good standing. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Hoop Brothers if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [email protected] or 321-948-9557.
Lifetime Membership Terms
Hoop Brothers may offer certain services for a one-time, non-recurring fee, which memberships last during the lifetime of your college recruiting phase (“Lifetime Services”). For high school students, Lifetime Services last for the duration of your enrollment in high school, unless you contact Hoop Brothers thereafter to reactivate your membership for an additional phase of recruiting eligibility after high school. You agree to pay your one-time lifetime fee in advance of receiving any such Lifetime Service. No refund will be given to any member who is unable to use his or her membership at any time. Lifetime Services memberships are valid for one (1) person only and are not transferable to any other person.
Hoop Brothers reserves the right to discontinue or modify any lifetime fee payment option or the Lifetime Services at any time without notice. Your access to the Hoop Brothers Lifetime Services will not be established until Hoop Brothers has verified that the credit card or other payment information you provide Hoop Brothers for payment is accurate and that your credit card account or other payment method is in good standing.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [email protected] or 321-948-9557
Payment Method and Terms
We accept Visa, MasterCard, American Express, Discover, credit cards, as forms of payment. By submitting an order through Hoop Brothers, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
Cancellation and Refunds
Please note, unless Hoop Brothers gives notice to the contrary, payment for any of Hoop Brothers Services are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. Hoop Brothers, at its discretion, may leave the Subscription Service active through the end of the prepaid billing cycle.
If your credit card is invalid for any reason, your Subscription Service will revert to a basic service account. Hoop Brothers reserves the right to cancel your account entirely, whereupon all the information and content contained within it will be deleted permanently. Hoop Brothers accepts no liability for information or content that is deleted due to an invalid credit card.
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you, Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Hoop Brothers continually upgrades and revises its products and services to provide you with new products and services. Hoop Brothers may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Hoop Brothers shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Hoop Brothers reserves the right to substitute items of equal or greater value when an item or service is unavailable or Hoop Brothers may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Hoop Brothers, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing), at our option, Hoop Brothers credits, with a value at least equal to the amount charged to your credit card. Hoop Brothers reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
HOOP BROTHERS, INC. ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS” AND HOOP BROTHERS, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOOP BROTHERS, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. HOOP BROTHERS, INC. DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
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, or any affiliation therewith, by Hoop Brothers, Inc.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL HOOP BROTHERS, INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF HOOP BROTHERS, INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOOP BROTHERS, INC. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO HOOP BROTHERS, INC. FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT PAID TO HOOP BROTHERS. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM HOOP BROTHERS, INC., REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and Hoop Brothers or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in and for Orange County, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts in and for Orange County, Florida.
You agree to indemnify and hold Hoop Brothers, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, including the Terms of Service, constitute the entire agreement between you and Hoop Brothers regarding purchases you make on Hoop Brothers, superseding any prior agreements between you and Hoop Brothers relating to such purchases. The failure of Hoop Brothers to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, these Terms of Sale shall be controlling.
Arbitration/No Class Action
Except where prohibited by law, as a condition of using this website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with this website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator, selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, Orange County, or the United States District Court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, Orange County, or the United States District Court.