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Terms of Use

Welcome to Hoops N’ Loops website (the “Site”). The Site provides its services to you subject to the following conditions. Please read them carefully. If you visit or shop at HOOPSNLOOPS.com, you accept these conditions.

 

YOUR PRIVACY

In order to understand our privacy practices, please review our Privacy Policy which, in addition to these Conditions of Use, governs your visit to Hoops N’ Loops.

 

COMMUNICATING WITH US

When you visit Hoops N’ Loops or send e-mails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement (if any) that such communications be made to you in writing.

 

COPYRIGHTS

All content on this Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Hoops N’ Loops or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Hoops N’ Loops and protected by U.S. and international copyright laws. All software used on this Site is the property of Hoops N’ Loops or its software suppliers, and is protected by United States and international copyright laws.

 

ACCOUNT

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by Hoops N’ Loops for any reason (a “Member”). We reserve the right to revoke your account for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Accounts are void where prohibited by law. If you are under 18, you may use the Site only with involvement of a parent or guardian.

 

TRADEMARKS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of Hoops N’ Loops or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. 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 content or materials on the Site.

 

ACCESSING AND USING OUR SITE

Hoops N’ Loops grants you a limited, revocable license to access this site and to make personal use of this site, but not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Hoops N’ Loops. The aforementioned license does not include any resale or commercial use of this site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information, or any use of data mining, robots, or similar data gathering and extraction tools. Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without the express written consent of Hoops N’ Loops. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Site without the express written consent of Hoops N’ Loops. You may not use any meta tags or any other “hidden text” utilizing this Site’s name or trademarks without the express written consent of Hoops N’ Loops. Any unauthorized use of this site or any of its contents terminates the permission or license granted to you by Hoops N’ Loops to use and/or visit this Site. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site’s home page (www.hoopsnloops.com) so long as the link does not portray Hoops N’ Loops or their products, services, practices, or employees in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hoops N’ Loops logo or other proprietary graphic or trademark as part of the link without the express written permission of Hoops N’ Loops.

 

SUBMITTED CONTENT

Users of this site may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content submitted. Hoops N’ Loops reserves the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you grant the Site a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hoops N’ Loops and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hoops N’ Loops or its affiliates or sublicensees for all claims resulting from content you supply. The Site has the right but not the obligation to monitor and edit or remove any activity or content. Hoops N’ Loops takes no responsibility and assumes no liability for any content posted by you or any third party.

 

SHIPPING TERMS/PASSAGE OF TITLE

All items purchased from Hoops N’ Loops are made pursuant to a contract. Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS; LIMITATIONS ON QUANITIES

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. If a product offered by Hoops N’ Loops is not as described, your sole remedy is to return it in unused condition.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HOOPS N’ LOOPS OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HOOPS N’ LOOPS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOOPS N’ LOOPS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOOPS N’ LOOPS AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL OR INSTANT MESSAGES SENT FROM HOOPS N’ LOOPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOOPS N’ LOOPS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. HOOPS N’ LOOPS’ SOLE LIABILITY, IF ANY, RESULTING FROM CLAIMS BASED ON ITEM(S) PURCHASED FROM ZIPZOOMRIDE.COM SHALL BE LIMITED TO THE VALUE OF THE ITEM(S) PURCHASED.

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 MIGHT HAVE ADDITIONAL RIGHTS.

 

GOVERNING LAW

By visiting Hoops N’ Loops, you agree that the laws of the state of Georgia, without giving effect to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hoops N’ Loops and/or its affiliates.

 

DISPUTE RESOLUTION

Any dispute relating in any way to your visit to Hoops N’ Loops or to products you purchase through Hoops N’ Loops shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate Hoops N’ Loops’ intellectual property rights, the Site may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the full extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. In addition, you expressly waive any right to a jury trial in any legal proceeding against Hoops N’ Loops, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms.

Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

 

MISCELLANEOUS

Please review our other policies posted on this Site. These other policies also govern your visit to Hoops N’ Loops. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please refer to our Contact Us page.