TERMS OF USE

Indoor Hoops Participation Waiver

In consideration of the services provided by Indoor Hoops and being allowed to participate (in any way) in any game or event affiliated with Indoor Hoops, I understand, acknowledge and agree to the following:

1. Certify that I am physically fit and able to participate in the program, event or activity, and have not been advised otherwise by a qualified medical professional

2. I will be engaging in activities that involve risk of serious injury, including permanent paralysis and death, and severe social and economic losses which might result not only from my own action, inactions or negligence, but the actions or inactions or negligence of others (including Indoor Hoops), the rules of play, or the condition the premises or any equipment used. In addition, there may be other risks not known to us or not reasonably foreseeable at this time. I UNDERSTAND AND ASSUME ALL SUCH RISKS. In addition I understand that this activity is not sponsored nor endorsed by the NYC Department of Education, or the City of New York.

3. Prior to my participation in any game or event affiliated with Indoor Hoops in any way, I will inspect the facilities and equipment being used, and if I believe they may be unsafe, I will immediately notify Indoor Hoops personnel of such condition and will refuse to participate until the issue is remedied.

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, waive, discharge and covenant not to sue Indoor Hoops, Yucatan Management LLC, their respective affiliated entities and organizations, and their respective directors, commissioners, referees, employees, agents, facilities, and sponsors (the “Representatives”) from any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by the negligence of Indoor Hoops or the Representatives.

5. Agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in any Indoor Hoops activity.

6. Consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release CPLSL and all persons participating in any such medical treatment from all responsibility for any such actions.

7. Intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

BY SELECTING THE CHECKBOX “I AGREE TO THE TERMS & CONDITIONS OF PARTICIPATION” ON THE REVIEW YOUR ORDER PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.

 

Indoor Hoops Terms and Conditions of Service

Last Updated on July 19th, 2011

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED ACCESS TO USE THE MEMBER SECTION OF THE SITE.

 

Terms of Service

 

These Terms of Service (this “Agreement”) states the terms and conditions under which you may use the website located at www.indoorhoops.com and any related web sites or other access points made available by Indoor Hoops (collectively, the “Website”). Please read this Agreement carefully. By using or shopping on  the Website, you agree to be bound by its terms of use and shall comply therewith. This Agreement describes and encompasses the entire agreement between Indoor Hoops and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and the subject matter of this Agreement. Indoor Hoops reserves the right to update or modify this Agreement at any time and from time to time. When such changes are made, we will revise the “last updated” date at the top of this Agreement. We encourage you to periodically review this Agreement. Your continued use of the Website after any changes or revisions to this Agreement shall indicate your agreement with the terms of this Agreement.

Services

The Website is a pick-up basketball network that gives you the ability to find a suitable basketball game and reserve a spot to play in that game. You will have the ability, subject to the terms and conditions set forth herein, to cancel any reservations made.  The Website also lets members receive information about Indoor Hoops (including e-mails and newsletters).

In order to view schedules and make reservations on the Website, you will have to create an account by registering at www.indoorhoops.com/in. You may not access another person’s account without such person’s express consent. You are solely responsible for the activity that takes place on your account, and it is imperative that you keep your password secure.  If any breach of security takes place on your account, you must notify Indoor Hoops immediately at admin@indoorhoops.com. We reserve the right to delete or change your password at any time for any reason.

Age Restriction

You must be at least eighteen (18) years of age to utilize and register for the services provided by the Website. Any registration by, use of or access to the site by anyone less than eighteen (18) years of age is unauthorized, unlicensed and in violation of these Terms & Conditions. By using the site you represent and warrant that you are 18 years or older and that you agree to abide by all the Terms & Conditions.

Registration

In order to use the services, registration is required. During the registration process you will be asked to submit your Email address, date of birth, height, skill level, zip code and create a unique password.

The Website  might contain links to third-party websites or organizations that are not owned or controlled by Indoor Hoops. Indoor Hoops assumes no responsibility for the content, privacy policies or practices of any such third-party websites or organizations.

When asked to select your skill level, it is important to review the “Indoor Hoops Ratings Program” and accurately input the corresponding number value. Placing an inaccurate skill level will result in poor competitive balance and may increase your risk of serious injury. Once you have selected your skill level, Indoor Hoops has the right to adjust your skill level accordingly.

Fees

You acknowledge that Indoor Hoops charges a fee for each session for which you register. Once you choose a desired session we will ask that you provide a valid credit card number. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting in your reservation of an immediate session or the accumulation of credits that can be used to reserve a session in the future. You agree that we may pass your credit card information to our designated service provider(s) for their use in charging you for the reservation.

Cancellation Policy

All Refunds will result in a credit to your Indoor Hoops Account, not to your credit card.

If you need to cancel a reservation for an upcoming basketball session, you will be entitled to the following refund:

If you choose to cancel a reservation within 48 hours of placing the initial reservation, and it is at least 48 hours prior to the start time of the session, you will receive a 100% refund.

If you choose to cancel a reservation after 48 hours have passed since placing the order, or if there is less than 48 hours until the start time of the reservation, you will receive a 50% refund.

If you choose to cancel a reservation and there is less than 24 hours until the start time of the reservation, you will receive a 50% refund for the first occurrence. Upon the second occurrence and each occurrence thereafter, you will receive 0% refund.

If you abuse the cancellation policy, Indoor Hoops has the right to terminate your account without warning.

Term

This Agreement shall remain in effect for so long as you use the Website, participate in any game or event affiliated with Indoor Hoops, or have a profile. You may deactivate your account at any time, for any reason, by following the instructions on the Profile page. Any outstanding credits that you may have accumulated will not be refunded back to your credit card. If you have any reserved sessions that have not taken place, you will be removed from the session and you will be entitled to a refund, or partial refund, in accordance with the Cancellation Policy set forth herein.

Permissions

Indoor Hoops grants you permission to use the Website as set forth in these Terms & Conditions, provided that you agree not to distribute in any medium any part of the Website, and not to alter or modify any part of the website or any of its related technologies, in each case, without Indoor Hoops prior written consent

You will comply with all the Terms & Conditions and all applicable laws and regulations of the United States.

Intellectual Property

You acknowledge that the content on this site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the trademarks, service marks and logos contained therein, are owned by or licensed to Yucatan Management LLC d/b/a Indoor Hoops, subject to copyright and other intellectual property rights under the law.

Content on the website is provided  for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website, provided by you are non-confidential and shall become the sole property of Indoor Hoops.

You agree not to bypass, incapacitate or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the content therein.

ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. WE RESERVE THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE.

 

Governing Law; Venue and Jurisdiction


You agree that: (i) the Website shall be deemed solely based in New York and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Indoor Hoops, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Indoor Hoops that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

This Agreement, together with the Privacy Policy at www.indoorhoops.com/privacy-policy and any other legal notices published by Indoor Hoops on the website, shall constitute the entire agreement between you and Indoor Hoops concerning the Indoor Hoops website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Indoor Hoops’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Indoor Hoops reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND INDOOR HOOPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INDOOR HOOPS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Arbitration


YOU AND INDOOR HOOPS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Either Indoor Hoops or you may demand that any dispute between Indoor Hoops and you about or involving the services provided or contemplated by the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Indoor Hoops from seeking injunctive relief in a court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.Limited Liability

IN NO EVENT SHALL INDOOR HOOPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INDOOR HOOPS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT INDOOR HOOPS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold Indoor Hoops, Yucatan Management LLC and the Representatives harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Website, the services provided by or in connection with the Website or breach of any of the terms of this Agreement.

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this site at any time without prior notice or liability.

 

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the services provided by Indoor Hoops, provided by you to Indoor Hoops, are non-confidential and shall become the sole property of Indoor Hoops. Indoor Hoops shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Questions

Please contact us at admin@indoorhoops.com with any questions regarding these Terms & Conditions.

BY SELECTING THE CHECKBOX “I HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF USE AND PRIVACY POLICY” ON THE BECOME A MEMBER PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.