Welcome to BasketballRecruiting.com
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The BasketallRecruiting.com Service
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use the BasketballRecruiting.com Service
•You must be at least 13 years old.
•We must not have previously disabled or terminated your account for violation of law or any of our policies.
How You Can’t Use the Basketball Recruiting Service
•You can’t impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
•You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
•You can’t violate (or help or encourage others to violate) these Terms or our policies.
•You can’t do anything to interfere with or impair the intended operation of the Service.
•You can’t attempt to create accounts or access or collect information in unauthorized ways.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
•We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
Term of Service, Automatic Renewal, No Refunds, and Cancellation Process
•Subject to timely payment of all fees, you will be given access to the BasketballRecruiting.com service for the duration of your subscription period (subject to your adherence to these Terms of Service).
•Unless you notify us in writing at info@BasketballRecruiting.com at least 72 hours prior to the expiration of your subscription, you will be automatically renewed on a monthly basis for the Service and charged at the regular rate for the Service. You can also cancel your subscription at any time by emailing email@example.com
•All course and subscription fees are non-refundable. No refunds are given for any reason, including, but not limited to, the following reasons: (i) you delete your account before the expiration of your subscription period; (ii) your account is terminated due to your violation of these Terms of Service or any law; (iii) you decide you no longer wish to train or play basketball; (iv) you are injured, whether or not the injury occurred while playing a sport; and (v) we decide to remove any content for any reason. Except for (ii), you may continue to use and maintain your profile until the expiration of your subscription period.
•To cancel your subscription, email us in writing at info@BasketballRecruiting.com at least 72 hours prior to the start date of your next monthly subscription period with “Cancellation Request” in the subject of the email. Cancellation of your subscription is by email only. If you have any questions regarding the cancellation process, please email us at BasketballRecruiting.com. You can also cancel your subscription at any time in the student dashboard section.
Additional Rights We Retain
•You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
Our Agreement and What Happens If We Disagree
•If any aspect of this agreement is unenforceable, the rest will remain in effect.
•Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
•We reserve all rights not expressly granted to you.
Who Has Rights Under This Agreement
•This agreement does not give rights to any third parties.
•You cannot transfer your rights or obligations under this agreement without our consent.
•Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible If Something Happens
•Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
•We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
•Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
•You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
•Acknowledgment of Risk and Acceptance of Full Responsibility for Your (or Your Child’s) Use of the Services: You acknowledge that you (or your child) have voluntarily chosen to use the Services, including but not limited to, video courses, which involve remote individual participation by you (or your child) in basketball drills, exercises, work outs, and/or live game play, which cannot be monitored, supervised, controlled or known by BasketballRecruiting LLC. due to its remote nature, and you accept full responsibility for the monitoring, supervising, controlling and knowing of you (or your child’s) participation in all such remote activities.
•Hold Harmless: In consideration for allowing me (or my child) to use the Services, and to the fullest extent permitted by law, I agree that neither my child nor I will make a claim against, sue, attach the property of or prosecute BasketballRecruiting LLC. , or its officers, principals, agents, employees, and assigns for damages for death, personal injury or property damage which I (or my child) may sustain as a result of my (or my child’s) use of the Services.
This release is intended to discharge in advance BasketballRecruiting.comLLC and its officers, principals, agents, employees, and assigns, from and against any and all liability, including for negligent actions, arising out of or connected in any way with my, or my child’s, use of the Services or any other activity, including, but not limited to, any injury, illness or recurrence of any undisclosed pre-existing injury or illness, except for liability that may arise out of the willful or wanton misconduct of BasketballRecruiting.com LLC, and its officers, principals, agents, employees, and assigns.
I FURTHER UNDERSTAND THAT SPORTS INVOLVE PHYSICAL CONTACT BETWEEN PLAYERS, THAT SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING SUCH SPORTING ACTIVITIES, AND THAT PARTICIPANTS IN SUCH SPORTING ACTIVITIES OCCASIONALLY SUSTAIN SERIOUS PERSONAL INJURIES (INCLUDING DEATH) AND/OR PROPERTY DAMAGE, AS A CONSEQUENCE THEREOF. KNOWING THE RISKS OF PARTICIPATION, NEVERTHELESS, I HEREBY AGREE THAT I AND/OR MY CHILD ASSUME THOSE RISKS AND RELEASE AND HOLD HARMLESS Baketball Recruiting LLC, AND ITS OFFICERS, PRINCIPALS, AGENTS, EMPLOYEES, AND ASSIGNS, WHO (THROUGH NEGLIGENCE OR CARELESSNESS), MIGHT OTHERWISE BE LIABLE TO ME, MY CHILD (OR OUR HEIRS OR ASSIGNS) FOR DAMAGES.
How We Will Handle Disputes
•Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms of BasketballRecruiting.com ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other BasketballRecruiting users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
•Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, email address or phone number you use for your BasketballRecruiting.com account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: BasketballRecruiting.com LLC, ATTN: BasketballRecruiting.com Arbitration Opt-out, 1730 Laramie Street, Sarasota FL 34231.
•Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address or phone number you use for your account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Basketball Recruiting LLC, ATTN: Basketball Recruiting Arbitration Filing, 1730 Laramie Street Sarasota, FL 34231. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Basketball Recruiting account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
•We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provide us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
•For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
•The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
•We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These TermsWe may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can unsubscribe at any time.
Revised: January 4, 2023
BasketballRecruiting.com LLC - All Rights Reserved
Last Updated on May 6th, 2022
WHAT TYPE OF INFORMATION WE COLLECT
The server on which the Web Sites are located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested.
The Web Sites are not directed to children under thirteen (13) years of age, and children under such age must not use the Web Sites or services offered on it to submit any individually identifiable information about themselves.
What We Do With Your Information
We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our website, new products and services, special offers, resolve disputes, troubleshoot issues, and enforce our website’s terms and conditions.
As a general rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.
We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Some government intelligence agencies have the technological ability to access data from our website without our cooperation, knowledge, or consent. Even if we were to learn of such access, we may not be able to tell you because of national security laws. Please take this risk into account before supplying information to us or any other website owner.
Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.
From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you, you will be notified. However, you will never be required to give information to a third party supplier. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others.
If we sell our website, we may transfer your information to the purchaser of the site. Upon completion of such a transfer, we will no longer possess or control the data received by the purchaser.
Do-Not-Track, Interest-Based Advertising, Remarketing, and Dynamic Ad Serving
We try to honor any Do-Not-Track signals you send through your web browser when visiting our website. However, please read the following important information about “Interest-Based Advertising,” “Remarketing,” and “Dynamic Ad Serving” so that you understand the type of tracking that may be done by third party vendors when you visit our site and how you can opt out of such tracking.
When you visit our website, you may view advertisements posted on the site by Google or other companies. These advertising companies may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and elsewhere on the Internet about products and services you might like.
This website does not collect the information or control the content of the advertisements that you will see. You may be able to opt out of such advertising. To find out more about Google privacy policies and its DoubleClick DART cookie used to generate interest-based advertising, go to http://www.google.com/privacy/ads/.
Protect My Choices
If you are using Internet Explorer, Mozilla Firefox, or Google Chrome browsers, you may wish to install the “Protect My Choices” browser extensions that are designed to help you keep your opt-out preferences. To learn more, go to http://www.aboutads.info/PMC.
Dynamic Ad Serving
Our website may use Google’s Dynamic Ad Serving feature. To opt out of interest-based ads by Google, follow Google’s opt-out instructions located at https://support.google.com/ads/answer/2662922?hl=en .
DoubleClick Remarketing Pixels
Your use of this website without opting out means that you understand and agree to data collection to provide you with interest-based advertising.
User Names And Passwords
Your access to parts of our website may be protected by a user name and a password. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.
Your Use Of Information And Unsolicited Commercial Email
If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without the consent of the user and our consent too.
We hate junk email (spam). Information you obtain from our website about us or other site users cannot be used by you or others to send unsolicited commercial email or to send unsolicited commercial communications via our website’s posting or other communication systems.
» We may use personal information to provide the services you've requested, including services that display customized content and advertising.
» We may also use personal information for auditing, research and analysis to operate and improve our technologies and services.
» We may share aggregated non-personal information with third parties outside of the Web Sites.
» We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
» The Web Sites process personal information on servers in the United States of America. In some cases, we process personal information on a server outside your own country.
THE WEBSITES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITES, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITES, OR ANY SITES LISTED THEREIN, AND THE WEB SITES WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITES DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL THE WEB SITES OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITES OR DOWNLOADED FROM THE WEB SITES, EVEN IF THE WEB SITES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITES, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND JURISDICTION