SUPERHANDLES, INC. TERMS AND CONDITIONS.
This Agreement contains the complete terms and conditions that apply to you in registering, buying, and all other activities you will do on our website. By using or shopping from this Web site (superhandles.com
Use of the site & PROHIBITIONS
The Site allows you to access free basketball information and shop online. However, you are prohibited to do the following acts, to wit:
- use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our sites, services, or tools
- posting of an items in inappropriate category or areas on our sites and services;
- collecting information about users’ personal information;
- maneuvering the price of any item or interfere with other users’ listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 13 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
In addition, by willingly opting in with your email address, you agree to be sent emails from Superhandles, Inc. These emails may include instructional tips, promotions, and reminders. You have the ability to unsubscribe at the bottom of every email.
In regard to entering your phone number on an order form, we may contact you by phone or SMS about an order attempt or attempted registration that did not complete. For example, if there is an issue with your Superhandles University registration, we'll send up to 2 SMS messages to let you know. You can easily opt-out by replying with the word STOP. In addition, if you opt-in for a free workout delivered by SMS, you may receive up to 5 messages per month. Message and data rates may apply to SMS messages. Reply STOP to cancel.
For support via SMS, the number of texts can vary depending upon the number of questions asked.
Payments AND PROCESSES OF INVOICES
Superhandles, Inc. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Superhandles, Inc. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Superhandles, Inc. has all the discretion to cancel or deny orders. Superhandles, Inc. is not responsible for pricing, typographical, or other errors in any offer by Superhandles, Inc. and reserves the right to cancel any orders arising from such errors. Invoices must be paid prior to shipment of DVD's, Apparel, or Streaming access. In regard to camps & clinics, the agreed upon down payment needs to be made by the agreed upon date prior to the camp or clinic. The remainder shall be paid by the last day of the camp/clinic. For all consumer purchases, Superhandles, Inc. reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If you purchase a Streaming Product (such as Superhandles University), there are no refunds and no exchanges.
A restocking fee of 15% may be deducted from refunds for physical items returned within 15 days of purchase and have not incurred material damage and are not missing components included in the original shipment. Note that shipping and handling costs will not be refunded.
For units that have been damaged after delivery, you may be charged an additional restocking fee of either 25% or 50% of the original purchase price based on the severity of damage. If we receive a return which has been damaged beyond repair, we may return the item to you without issuing a refund.
For personalized physical items (such as jerseys or a letterman’s jacket), there are no refunds.
Send your return to:
P.O. Box 58
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
SUPERHANDLES UNIVERSITY (MEMBERSHIP)
There are two options for enrolling in Superhandles University. There is the monthly payment option, which comes with a 7-day free trial, and there's the one-year payment option, which does not come with a free trial. Customers can easily cancel at any time by going to the My Subscription section of their account at superhandles.com
. At the moment the automatic payment is cancelled, either purposely or due to insufficient funds, access to our University will be revoked. A free 7-day trial period comes with the monthly University plan. As soon as this trial period expires (which is currently 7 days), the consumer will be charged for their first monthly membership fee. If the consumer cancels prior to the trial period expiring, he/she will not be charged.
Team memberships operate in similar fashion to the individual memberships. The monthly rate will be charged once per month (or once per year) and teams will have access to the membership as long as they are paying members.
There are no refunds for either of our memberships. For more information, see the above section on refunds.
To learn how to lower your rate to Superhandles University, go to the Refer A Friend section on your account page.
SHIPPING & HANDLING
Shipping and handling is a fee that covers the cost of shipping and preparing the item ordered for delivery. This includes the package (if shipped First Class), any bubble wrap, and shrink wrap. There are other costs covered as well, such as the labor to put the order together, the shipping service we use that connects to our website, the labels for the postage, the printing of the postage, and the paper detailing the order. There are costs involved with preparing and shipping an order, and these are included in Shipping & Handling. This is a non-refundable fee.
PRODUCT PRICING & DESCRIPTIONS
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Superhandles, Inc. shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY, AND HEALTH DISCLAIMER
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the programs, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $500 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to our programs or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
The advice and information contained on this website may not be appropriate for all individuals. Therefore, the author, employees, company, affiliates, or any other parties involved in the creation or promotion of our products are not responsible for any injuries or health conditions that may result from advice, opinions, and programs represented in this website or any of our training programs or other products. The information on this website and in the training program are the opinions of the author and are not a replacement for medical advice. You should consult a physician before starting any diet or exercise program. If you choose to follow the Superhandles programs without consulting your physician, you are doing so at your own risk. We claim no responsibility for any injuries you might sustain. The content in our programs include tutorials and detailed descriptions to give you the information you need to be able to perform the drills and exercises with proper form. However, it is your responsibility to warm up properly, determine the proper weight ball you will use, perform each movement correctly, and ultimately to decide whether or not you are capable of performing the exercise/workout without sustaining injury.
We accept no responsibility for and exclude all liability in connection with browsing this website, use of information or downloading any materials from it, including but not limited to any liability for errors, inaccuracies, omissions, or misleading or defamatory statements. The information at this website might include opinions or views which, unless expressly stated otherwise, are not necessarily those of ours or any associated company or any person in relation to whom they would have any liability or responsibility.
Physical exercise, in all of its forms and with or without the use of equipment such as weight balls, basketballs, or any other equipment that may be suggested by a Superhandles, Inc. instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips at superhandles.com
or in our DVD's. Superhandles, Inc. is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of basketball instruction, equipment, and moves are not required to be performed by you and are carried out at your election while viewing Superhandles, Inc videos and listening to Superhandles, Inc. audio workouts. Nothing contained on this website or in one of our DVD products should be construed as any form of such medical advice or diagnosis.
By using our websites (superhandles.com
) you represent that you understand that basketball training involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by utilizing training programs and instructional content from Superhandles, Inc., you will not exceed your limits while performing such activity, and you will select the appropriate level of exertion for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Superhandles, Inc., or any person or entity involved with Superhandles, Inc., including without limitation its President, shareholders, instructors, independent contractors, employees, affiliates and representatives.
Superhandles.com, our training programs, newsletters, and all other products are provided “as is” and expressly disclaim any and all warranties, express or implied, to the extent permitted by law, including but not limited to warranties of satisfactory quality, merchantability, or fitness for a particular purpose, with respect to the service or any materials.
We hereby exclude liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided at our website, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Superhandles, Inc.. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Superhandles, Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of McMinnville, OR, without any reference to conflict-of-laws principles.Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of McMinnville, OR, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Our Basketball Social Network (Hoopfolio) Terms & Conditions
Use of this social network & PROHIBITIONS
This site allows you to join our social network, gain friends, mingle with Superhandles players from all over the world, express your thoughts, post pictures and videos, make some comments and discussion, and communicate with other members.You understand and agree, however, that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
- you must not use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our sites, services, or tools
- you should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons;
- you must not republish, sell, rent or sub-license any materials from this website including republication on another website;
- you must not collect and disclose information about users’ personal information;
- you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
- you must not post false, inaccurate, misleading, defamatory, or libelous content;
- you must not take any action that may damage the rating system.
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
REGISTRATION / MEMBER ACCOUNT
NON-COMMERCIAL USE BY MEMBERS
Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Superhandles, Inc. and should not use the site for any purpose.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that:
- you post your link only within the forum, chat or message board section;
- you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site;
- the link does not state or imply any sponsorship or endorsement of your site and
- you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU
Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that
- all of the information provided by you to our website to participate in the Service is correct and current; and
- you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you here-under.You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Superhandles, Inc. and/or its licensors, and are protected by copyright, trademark and other intellectual property laws.
You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, de-compile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Superhandles, Inc.. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Waiver and Severability of Terms
Failure of Superhandles, Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of McMinnville, OR, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Choice of Law; Jurisdiction; Forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of McMinnville, OR, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement will remain in full force and effect while you use the Website. You may terminate your free Hoopfolio account at any time for any reason by emailing us at email@example.com
. In addition, we may terminate your account for any reason at any time.
If you are part of Superhandles University (which is paid for membership), and we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
For support, contact us at 800-607-1044, email us at firstname.lastname@example.org
, or write to us at P.O. Box 58, McMinnville, OR 97128.