coachjimbaker.com
coachjimbaker.com
TERMS AND CONDITIONS
Last updated April 02, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Catawba Basketball Camp, Inc., doing business as CoachJimBaker.Com
("Company," "we," "us," "our"), a company registered in North Carolina, United
States at 621 Channing Circle, NW, Concord, NC 28027.
We operate the website http://www.coachjimbaker.com (the "Site"), as well as any
other related products and services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services").
You can contact us by phone at 704-647-4558, email at jimbaker@e-timeout.com, or
by mail to 621 Channing Circle, NW, Concord, NC 28027, United States.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Catawba Basketball Camp,
INc, concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by jimbaker@e-timeout.com, as stated in the email message. By continuing to
use the Services after the effective date of any changes, you agree to be bound by
the modified terms. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent or guardian
to use the Services. If you are a minor, you must have your parent or guardian read
and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. RETURN/REFUNDS POLICY
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. THIRD-PARTY WEBSITES AND CONTENT
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13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. SMS TEXT MESSAGING
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution own initiative any registration use by any or person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration own or person initiative extent initiative any local requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws to extent local the extent local laws are applicable.
The Services are not tailored to comply with industry health such laws and insurance regulations (Health Registration Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the Security audio owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio as well as video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos contained therein (the
"Marks"). Our Content and Marks are protected by copyright and trademark laws (and the United intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS"
for your personal, non-commercial use only. Your use of our Services is Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES PROHIBITED ACTIVITIES various other"
section below, we grant you a non-exclusive, non-transferable, revocable
license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, the services, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
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If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying your content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your submissions
Please review this section and the "PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we all own this Submission and be entitled to its unrestricted use and dissemination for or compensation for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you: confirm that you have read and agree with our"
PROHIBITED ACTIVITIES
"and will not post, send, publish, upload, or transmit through the Services and submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and
licenses to and warrant confidential information submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute your. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these LegalTerms;
(4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside
or if a minor, you have received parental permission to use the Services;
(6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(7) you will not use the Services for any illegal or unauthorized purpose; and
(8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4.
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password services for confidential and will be responsible for all use of your account and
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password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be Discover electronic accurate, complete, reliable, current, or free of other errors, and your will be may not accurately reflect the actual colors do notand details of the products. All Products are subject to availability of electronic display, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6.
PURCHASES AND PAYMENTWe accept the following forms of payment:
Visa
Mastercard
American Express
Discover electronic display
PayPal
You agree to provide current, complete, and accurate purchase and account information promptly updated for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is annual.
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current term. If you have any questions or are unsatisfied with our Services, please email us at
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
8.
RETURN/REFUNDS POLICY
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Please review our Return Policy posted on the Services prior to making any purchases.
9.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, of another alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering party uninterrupted and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism,send commenting using without limitation, clear graphics interchange formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as"spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the networks or the networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of the standard search engine or Internet browser usage, use, launch, development, or distribution of any automated system, the other software limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use unauthorized script usernames and unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of script usernames of the Services, including all-purpose of me and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means under false pretenses. 4/2/24, 12:36 PM Termly
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Use the Services as part of any effort to compete with us or otherwise use the SUSER-GENERATEDervices and/or the Content for any revenue-generating
endeavor or commercial enterprise. Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
10.
USER-GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
11.
CONTRIBUTION
LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
12.
THIRD-PARTY WEBSITES AND CONTENTthat we
The Services may contain (or you may be sent via the Site) links to other websites(
"Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and not responsible be aware are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or use responsibly or install any
Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party
Websites will be through other whatsoever in websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with aware third-party Websites.
13.
relating to relatingSERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14.
PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy:
http://www.coachjimbaker.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the 4/2/24, 12:36 PM Termly
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Services from any other region of the world with laws or other requirements for personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
15.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OF LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina without regard to its conflict of law principles.
18.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating 4/2/24, 12:36 PM Termly
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arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer RelatedDisputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cabarrus, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the jurisdiction of Cabarrus North Carolina, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts Application of the United Nations Convention on Contracts for the International Sale of Goods and the UniformComputer Information Transaction Act (UCITA) are excluded from these Legal Terms. no event shall any Dispute brought by either Party related in any way to the services be commenced more than one (1) year after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within or unenforceable the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties be joined individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any depute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c)there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, or inaccuracies, or 4/2/24, 12:36 PM Termly
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20.
DISCLAIMER THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
SIX (6) MONTH PERIOD TO ANY CAUSE OF ACTION ARISING
CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS REGARDLESS OF
22.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of:
(1 )use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at 4/2/24, 12:36 PM Termly
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your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt-out. Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, liable for please email us at jimbaker@e-timeout.com
or call at 704-647-4558.
26.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complain tAssistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right these Legalion of these Legal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable reasonable-liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable-liable for control. If any provision or part of a provision of these Legal Terms is
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determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, right partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Catawba Basketball Camp, Inc
621 Channing Circle, NW
Concord, NC 28027
United States
Phone: 7046474558
This is a place to describe your Return and Refund Policy to buyers.
A Return and Refund policy usually consists of:
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