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AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Basketball Immersion (“us,” “Company”, “we”), concerning your access to and the use of the https://www.conceptualoffense.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changed in any revised Terms of Use by your continued use of Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, encoded, translated, distributed, sold, licensed or used for any purpose whatsoever without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site to take notes and reference any portion of the Content to which you have properly gained access solely for your personal, team-specific, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

 

USER REPRESENTATIONS

 

By using the Site, 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 Terms of Use; (4) you are not a minor in the jurisdiction which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site 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 Site.

 

USER REGISTRATION

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and 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.

 

PRODUCTS

 

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 

  • Visa
  • Mastercard
  • American Express
  • PayPal

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address’s 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 U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to change 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 Site. 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.

 

 

REFUNDS POLICY

 

The BDT Offense is a one-time purchase, not a recurring membership. A full refund is offered within seven days of purchase to guarantee 100% customer satisfaction, HOWEVER NO REFUND IS OFFERED IF FIVE (5) OR MORE COURSES ARE ENROLLED IN BY THE CUSTOMER.

 

For sales on the BDT Offense shop page, all purchases are final and no refund will be issued.

 

 

PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours expect those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  1. Share your BDT Offense account details with other persons. In a situation where the Site flags multiple logins from different IP addresses, a warning will be issued via email, followed by deletion of the account without a refund if the account sharing continues.
  2. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  3. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  4. Use a buying agent or purchasing agent to make purchases on the Site.
  5. Use the Site to advertise or offer to sell goods and services.
  6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  7. Engage in unauthorised framing of or linking to the Site.
  8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  9. Make improper use of our support services or submit false reports of abuse or misconduct.
  10. 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 and extraction tools.
  11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  12. Sell or otherwise transfer your profile.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
  16. Upload or transmit viruses, Trojan horses, or other material including excessive use of spamming that interferes with any party’s uninterrupted use of and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
  17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

 

USER GENERATED CONTRIBUTIONS

 

The Site does not offer users to submit or post content. We may provided you with the opportunity to create, submit, post, transmit, perform, public or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “Contributors”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not fake, inaccurate or misleading.
  5. Your Contributions do not violate any applicable law, regulation or rule.
  6. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  7. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
  8. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

CONTRIBUTION LICENSE

 

You 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.

 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations for your Contributions to the Site and you expressly agree to exonerate us from any any all responsibility and to refrain from any legal action against us regarding your Contributions.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to use are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, podcasts, information, applications and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content 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 Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, privacy practices or other policies contained in the Third-Party websites or the Third-Part content. Inclusion of, linking to, or permitting the use of installation of any Third-Party websites or content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use 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 Site or relating to any applications you use or install from the Site.

 

Any purchases you make through Third Party Websites will be through other websites and 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 harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third-Party Content.

 

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such suer to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit 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 the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

 

PRIVACY POLICY

 

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, 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.

 

TERMS AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OF 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.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings 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 Site or the Marketplace Offerings.

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site or the Marketplace Offerings at any time or 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 Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings to supply any corrections, updates or releases in connection therewith.

 

GOVERNING LAW

 

These terms shall be governed by and defined following the laws of Canada. Basketball Immersion and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

DISPUTE RESOLUTION

 

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Canadian courts. Basketball Immersion shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

 

CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE 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 ACESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OF OFFERED BY A THIRD PARTY THROUGH THE SITE.

 

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, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, 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 ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all our respective officers, agents, partners and employees from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (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 Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at 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.

 

USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that related to any activity you have undertaken using the Site. 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.

 

ELECTRONIC COMMUNICATIONS

 

Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, noticed, disclosures, and other communications we provide to you electronically, via email and on the Site, 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 NOTICED, POLICIES AND RECORDS OF TRANSACTIONS COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules or other laws which require an original signature or delivery of retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use 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 Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information, please contact us at:

 

Basketball Immersion

asarama@basketballimmersion.com