Terms and Services

Last updated: 7/10/2023
TERMS AND CONDITIONS
Welcome to HOOPHAVENCT Website, Home of Basket Ball enthusiasts
A.Introduction
Please Read this terms and condition before proceeding to use this website. These Terms and conditions (“T&C”) govern your access and use of the HOOPHAVENCT website (https://hoophavenct.com) When You access our training centre specially designed for both young and old persons interested in playing basketball, or make use of any of our Services (as hereafter defined) in their present form, or as they may be modified from time to time, You are agreeing to these T&C, which create a legally binding agreement between You and HOOPHAVENCT.
B.Disclaimers, Limitation of Liability, Releases.
i.YOU AGREE THAT USE OF THIS WEBSITE AND THESERVICES IS AT YOUR OWN RISK. NEITHERHOOPHAVENCT NOR ANY OF ITS RESPECTIVEEMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTYCONTENT PROVIDERS OR LICENSORS, REPRESENT ORWARRANT THAT YOUR USE OF THIS WEBSITE OR THESERVICES WILL BE UNINTERRUPTED OR ERROR FREE;OUR PLATFORMS DON’T GUARANTEE PERFECTION ANDPAST SUCCESS IS NOT AN INDICATOR OF FUTUREPERFORMANCE NOR DO THEY MAKE ANY WARRANTY ASTO THE RESULTS THAT MAY BE OBTAINED FROM USE OFTHIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN “AS IS”BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, WARRANTIES OF TITLE ORIMPLIED WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE, OTHER THANTHOSE WARRANTIES WHICH ARE IMPLIED BY ANDINCAPABLE OF EXCLUSION, RESTRICTION ORMODIFICATION UNDER THE LAWS APPLICABLE TO THESET&C. DISCLAIMERS CONTAINED IN THESE T&C APPLY TOANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OFPERFORMANCE, ERROR, OMISSION, INTERRUPTION,DELETION, DEFECT, DELAY IN OPERATION ORTRANSMISSION, COMPUTER VIRUS, COMMUNICATIONLINE FAILURE, THEFT OR DESTRUCTION ORUNAUTHORIZED ACCESS, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
ii.IN NO EVENT WILL HOOPHAVENCT, OR ANY PERSON ORENTITY INVOLVED IN CREATING, PRODUCING ORMAINTAINING THIS WEBSITE, BE LIABLE FOR ANYDAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIALOR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF ORINABILITY TO USE THIS WEBSITE.
C.As used in these T&C, the terms “YOU”and “YOUR” will collectively mean the entity authorizing YOU to access this Website and use the Services, and You individually.D.As used in these T&C, the term “Services” shall collectively mean all of the services that HOOPHAVENCT provides through this site, including, but not limited to providing access to athletes with a safe, secure and disciplined environment, as well as make other special offers or opportunities open to YOU. Unless otherwise stated, these T&C shall apply to all Services provided by HOOPHAVENCT through this Site. In addition, from time to time, we may offer other services, which may be subject to additional terms. In such events, we will make it known through our website or via the email provided on your registration.E.We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with HOOPHAVENCT, and any inconsistencies among the different versions will be resolved in favor of the English version.F.We suggest that YOU become familiar with the terms, conditions and restrictions of these T&C, and our Privacy Policy. We also suggest that YOU periodically review these T&C, as they are subject to revision from time to time, at HOOPHAVENCT sole discretion. The date in the upper right hand corner of this page identifies the last date that these T&C were updated. You understand and agree that by using the Services after updated T&C have been posted, YOU are agreeing to these T&C as amended.G.If YOU do not agree to any provision of these T&C as currently posted, or as may be amended from time to time by HOOPHAVENCT in its sole discretion, then YOU agree to immediately notify HOOPHAVENCT, and cease accessing this Site and stop using any Services made available by HOOPHAVENCT.H.All pictures and video taken by our photographer and videographer can and may be used for promotional purposes. By participating in our program you are in agreeance.
H.Registration; Account Security.
i.Intended User. Our intended user are 13 years of age or older, or thatyou will use HOOPHAVENCT only under the supervision of yourparent or guardian who has agreed to these Conditions. We reserve theright to refuse or limit access to the Services to any person or entity, inour sole discretion. We may, without notice and in our sole discretion,
terminate YOUR right to use the Services, or any portion thereof, and block or prevent YOUR future access to any portion thereof.
ii.Account Registration. An account registration is required to use theServices. Your registration gives you access to our services, with aunique username. You can cancel your HOOPHAVENCT account atany time by contacting HOOPHAVENCT.
To begin the registration process on website, HOOPHAVENCT will only verify that you are you and that you have a real account, through:
Email address
Phone number (if available)
Your name, and state
iii.Account Security. You are advised to keep your username and passwordsafe at all time. YOU and only YOU are solely responsible for youraccount details including passwords.
iv.Electronic Communication. When YOU join our online platform anduse the Services, or send e-mails to us, YOU are communicating with uselectronically and YOU consent to receive communications from uselectronically. We will communicate with YOU by e-mail or by postingnotices on this Site. You agree that all agreements, notices, disclosuresand other communications that we provide to YOU electronically satisfyany legal requirement that such communications be in writing.
I.The Services.
Training/Skill Development: Our trainers are certified through the I’m Possibletraining program. This program is recognized and used by NBA players such asKyrie Irving, Karl Anthony-Towns, Kobe Bryant and Mario Chalmers.
Basketball Programs: We offer spring AAU, summer league play, fall travel, andwinter travel. Our Travel basketball program focuses on development. Banners andsponsorships do not make our program.
i.Grant of License. Subject to the terms of this T&C:
(a)HOOPHAVENCT hereby grants YOU a non-exclusive, non-transferable, revocable, worldwidelicense (without the right to grant sublicenses) toaccess through a browser interface to use theServices solely for YOUR personal use in thenormal course of YOUR business or other purposesfor which the website is so designed.
ii.Restrictions. You shall not:
(a)license, sublicense, sell, resell, transfer, assign,distribute or otherwise make the Services, in wholeor in part, available to any third party;
(b)modify or make derivative works based upon theServices;
(c)reverse engineer or reverse compile any part of theServices;
(d)access the Services in order to design, develop,build, market or support a competitive product orservice;
iii.Ownership. Subject to the rights granted to YOU above,HOOPHAVENCT and its licensors and suppliers own andretain all right, title, and interest in and to the following(collectively, “HOOPHAVENCT Property”):
(a)The Services, in this Site, and all other software, hardware,technology, documentation, and information provided byHOOPHAVENCT in connection with the Services;
(b)All ideas, know-how, and techniques that may bedeveloped, conceived, or invented by HOOPHAVENCTduring its performance under these T&C; and
(d)All worldwide patent, copyright, trade secret, trademarkand other intellectual property rights in and to the Services.
J.Purchase of Additional Services.
i.Purchase Information. Certain information is gathered bythe payment method provider YOU use to purchaseAdditional Services to complete your transaction including,but not limited to, YOUR credit card or account numberand YOUR name, address and email address. Suchinformation is not captured directly by HOOPHAVENCTand is not available to HOOPHAVENCT for any purpose.All such information is encrypted before transmission andis not stored on the Site. The capture, storing and use ofsuch information is subject to the terms of the privacypolicy of the payment method provider You use for yourpurchase and we suggest that You familiarize Yourself withthe terms of their privacy policy. You agree thatHOOPHAVENCT will not be liable for any loss or misuseof any information gathered by the payment method
provider you select to make your purchase of any Additional Services.
K.Cancellations and Refunds
i.You acknowledge and agree that as a term and condition of using theWebsite, any fees incurred in accordance with our fee schedule are non-refundable.
L.Content. HOOPHAVENCT contains content from us, you, and other users.HOOPHAVENCT is protected by copyright laws and international treaties. Contentdisplayed on or via HOOPHAVENCT is protected as a collective work and/orcompilation, pursuant to copyrights laws and international conventions.
i.License to Content. You hereby grant HOOPHAVENCT anon-exclusive, worldwide right:
(a)To use and display any information, commentary, creativeworks, videos, images, text and other materials that youprovide to us or that are otherwise uploaded to, or captured bythe HOOPHAVENCT Platform (collectively, “Content”)while You use the Services.
ii.Content Ownership. HOOPHAVENCT does not obtainany rights under these T&C from You.
(a)You have all rights in Your Content necessary to grant therights contemplated by these T&C. We may disclose YourContent to provide the Services to YOU, or to comply with anyrequest of a governmental or regulatory body (includingsubpoenas or court orders).
M.Term and Termination.
i.Term. The term of YOUR authorization to access and usethe Services shall be for an indefinite period of time, butmay be terminated by HOOPHAVENCT at any timewithout any penalty.
ii.Termination upon Breach. If you breach any provision ofthese T&C, including, but not limited to engaging in anyunauthorized use of the Services or engage in anyprohibited act as identified in these T&C,
HOOPHAVENCT may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You. HOOPHAVENCT termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and HOOPHAVENCT reserves all other rights at law and in equity that it may have against You for any such breach.
N.Permitted Use of the Services.
i.The Services are the property of HOOPHAVENCT andYOUR access to the Services is solely with our permission.Any unauthorized access or use will, among other things,be deemed a trespass, and we reserve the right to pursueour legal rights for any unauthorized access or use of theServices, including seeking civil remedies and equitablerelief to the fullest extent possible, as well as referral ofmatters to appropriate law enforcement agencies, as wedeem reasonably necessary.
ii.You expressly agree that YOU will only use the Servicesfor lawful purposes.
O.Prohibited Use of the Services. You are prohibited from doing any act that has the effectof undermining the integrity of our reputation, our computer systems and networkinfrastructure of this Site, our Services and the method by which we provide our Servicesto our users. As a material term of these T&C, You expressly agree that You shall NOTdo any of the following:
i.Deploy or facilitate the use or deployment of any robot,spider, scraper or any other automated means, method ordevice to access, view, select, or copy in whole or in part,any content, program, functionality of the Services, or anyother proprietary information or trade secret ofHOOPHAVENCT that is made available through theServices.
ii.Deploy or facilitate the use or deployment of any script,routine, program or any other automated means, method ordevice with respect to Your access and use of the Servicesfor any purpose;
iii.Deploy or facilitate the use or deployment of any program,system, means, method or device, for any purpose thatplaces an unreasonable, unnecessary or excessive demandor load on the Services, its hardware and connections, or
prohibits, denies or delays access to the Services or otherwise threatens the continuous services of our ISP’s.
iv.Attempt to circumvent any content or functionality filteringmethods we employ, or otherwise attempt to access certainaspects of the Services that You are not authorized toaccess;
v.Post or transmit through any of our platforms or group anymaterial which:
i.violates or infringes in any way upon the rights ofothers;
ii.is unlawful, threatening, abusive, defamatory,invasive of privacy or publicity rights, vulgar,obscene, profane or otherwise objectionable;
iii.encourages conduct that would constitute a criminaloffence, give rise to civil liability or otherwiseviolate any law;
iv.Creates or attempts to create any liability onHOOPHAVENCT.
P.Data Collection. We don’t collect any data more than what you are providing us, andwill only do so if it is used to pre-evaluate you for our additional services. You willreceive a response within 1-3 business days regarding the acceptance or decline of yourRegistration. Would your training with us be accepted, we’ll send you the officialconfirmation to the email provided to us on your registration. See our Privacy policy formore information.
i.HOOPHAVENCT Trademarks and Service Marks. The trademarks,logos, and service marks (collectively the “HOOPHAVENCTTrademarks”) displayed on this Site and within the Services are theregistered and/or unregistered marks of HOOPHAVENCT or areotherwise used in accordance with applicable law in United States andother countries. Nothing contained within the Services should beconstrued as granting, by implication, estoppels, or otherwise, anylicense or right to use any HOOPHAVENCT Trademarks displayedwithin the Services without HOOPHAVENCT written permission.Your unauthorized use of the HOOPHAVENCT Trademarksdisplayed in the Services is strictly prohibited.
ii.Third Party Trademarks. HOOPHAVENCT may also displaytrademarks on the Site and in the Services that are registered to, or areotherwise owned by third parties (“Third Party Marks”) andHOOPHAVENCT displays such Third Party Marks with the consent oftheir respective owners. All right, title and interest in and to Third PartyMarks belong to their respective owners and neither HOOPHAVENCTnor You acquire any rights to such Third Party Marks.
iii.Equipment. You will be responsible for obtaining and maintaining allcomputer hardware, Internet connections and any other equipmentreasonably necessary to access and use the Services. High speed Internetaccess is strongly recommended for regular use. You agree thatHOOPHAVENCT will not be responsible for any interruption, delay orinconsistent operation of the Services due to YOU not using necessaryor compatible equipment, or a high speed Internet connection.
iv.Indemnification. You agree that YOU will, at YOUR expense,indemnify, defend, settle, and hold HOOPHAVENCT, its directors,officers, shareholders, athletes and agents harmless from and against allclaims and expenses, including attorneys’ fees, arising out of YOUR useof the Services, including but not limited to any use of the Services thatis not authorized by these T&C. In addition to the foregoing, in any suchaction, YOU will pay any judgment awarded againstHOOPHAVENCT or any settlement agreed to by YOU, and anyauthorized expenses incurred by HOOPHAVENCT.HOOPHAVENCT reserves the right to assume the exclusive defenceand control of any matter otherwise subject to indemnification by YOU,in which event YOU will assist and cooperate with HOOPHAVENCTin asserting any available defences.
v.General Copyright Compliance. These T&C are to be construed inaccordance with the laws of each state in United Kingdom as applicable,without regard to its conflict of laws provisions. These T&C, as updatedfrom time to time, constitute the entire agreement between us withrespect to YOUR use of this Website. HOOPHAVENCT failure toenforce any breach of this Agreement by You does not constitute awaiver of HOOPHAVENCT right to enforce any term of these T&C inthe future for a similar breach.
Visit the help page for further assistance or contact us via:
jnash@hoophavenct.com
Norwalk, CT 06851.