Effective Date: October 14, 2022
WELCOME TO LET’S PLAY HOOPS
IMPORTANT: THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND LET’S PLAY HOOPS LLC (“LPH ENTITY”, “LPH”, “WE”, “US”, “OUR”). PLEASE READ THE FOLLOWING CAREFULLY AS YOUR USE OF OUR WEBSITE, SERVERS, GROUP CHAT, CONTENT OR SERVICES (TOGETHER, “LET’SPLAYHOOPS”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES INCLUDED IN THAT ARBITRATION CLAUSE, YOU AND LPH AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LPH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE.
1. WHO CAN USE OUR SERVICES
No one under the age of 18 is allowed to create an account or use our website, servers, group chat, content, or services. By using Let’sPlayHoops you represent, warrant, and agree:
You are an individual living in the United States
You can form a binding contract with LPH
You are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
You have never been convicted of a felony;
You are not a convicted sex offender; and
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
We make no representation that content of, or any services or products available through, Let'sPlayHoops are appropriate or available for use in locations outside the United States. Accessing Let'sPlayHoops from territories where the Let'sPlayHoops content is illegal is expressly prohibited. If you view and/or access Let'sPlayHoops from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
2. LICENSES WE GRANT YOU
3. LICENSES YOU GRANT US
Let’sPlayHoops allows you to create, upload, post, send, receive, and store content. Your content remains yours, which means that you retain any intellectual property rights that you have in your content. But you grant us a license to use that content.
For all content you submit to Let’sPlayHoops, you grant LPH a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving Let’sPlayHoops and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to third parties with whom we have contractual relationships related to the provision of Let’sPlayHoops.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop Let’sPlayHoops or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through Let’sPlayHoops.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
By attending any event posted on Let’sPlayHoops, LPH shall have the unrestricted right and license to use your name, image, likenesses, voice, comments, or other proprietary or public rights in any photograph, video, live stream, audio sound, audiovisual, and/or other recording taken in connection with the event, for all purposes including marketing, worldwide, in perpetuity, and in any and all media now or hereafter known without consent, compensation, or further notice. The rights granted herein to the LPH are freely assignable. You may not film or live stream any activity of use without the consent of LPH and our third-party sports facilities providers.
You agree we may moderate Let'sPlayHoops access and use in our sole discretion, for example by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
5. INTENDED USE
You agree not to use our trademarks, graphics, logos, intellectual property or other content without our prior written permission. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The following trademarks are owned by LPH Entity: Let'sPlayHoops and Let'sPlayHoops(logo).
6. YOUR PRIVACY
7. YOUR SAFETY
Your safety is of utmost importance, but we cannot guarantee it. By using Let’sPlayHoops you agree to abide by these Terms and any other policies LPH makes available to maintain the safety of Let’sPlayHoops.
If you fail to comply, we reserve the right to terminate your access to, and your use of, Let'sPlayHoops immediately and any content shared by you, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
We also care about your physical safety. While LPH and Let’sPlayHoops provide the ability to join games, book courts, and connect with other users, we are a digital platform solely and are unable to moderate any offline interactions with other users or third parties. However, to facilitate safety our Participation Waiver is hereby incorporated into and made a part of these Terms. By using Let’sPlayHoops, you also accept and agree to our Participation Waiver. Failure to abide by our Participation Waiver may result in termination of your access to, and your use of Let’sPlayHoops. If you have not already reviewed it, please read our Participation Waiver at https://letsplayhoops.com/participation-waiver.
7. YOUR INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LPH ENTITY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS NOR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR SKILLS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
We are not responsible for the conduct of any user. As noted in and without limiting our Disclaimer and Limitation of Liability sections listed below, in no event shall LPH Entity, its affiliates, vendors, partners, licensees nor our licensees vendors and partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of Let'sPlayHoops including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from recreational activities with other users or persons you meet through Let'sPlayHoops. You understand that we make no guarantees, either express or implied, regarding your interaction or compatibility with individuals you meet through Let'sPlayHoops.
LPH prohibits any form of discrimination including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you shall be prohibited from participating in any type of harassing or abusive behavior other users or other third parties. You further agrees, upon the request of LPH, to cooperate with LPH in its efforts to enforce and maintain our non‐discrimination and anti‐harassment policy. Failure to comply may result in having your account restricted or access to Let’sPlayHoops terminated.
8. ASSUMPTION OF RISK, WAIVER, AND RELEASE
By signing up for basketball games, events, activities, and other programs on Let'sPlayHoops and/or attending basketball games and using the premises, facilities and equipment (individually and/or collectively, the "Games") of our vendors, partners, licensees and our licensees vendors and partners, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in playing basketball games and using sports facilities in association with the Games. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You also acknowledge that you have read, understand and agree to be bound by the terms of our Participation Waiver.
Our third-party sports facilities providers may have their own policies. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by us, a location manager, our licensees, a facility, facility staff, security personnel, a school safety officer or posted on Let'sPlayHoops.
If in our subjective opinion, or the subjective opinion of a location manager, a facility, facility staff, security personnel or a school safety officer, you would be at physical risk using facilities, you understand and agree that you may be denied access to the Games and may be have your account restricted or access to Let’sPlayHoops terminated.
In consideration of being allowed to participate in and access the Games, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Games, whether sustained while playing basketball or not, (2) release, indemnify, and hold harmless LPH Entity, its vendors, partners, licensees, affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Games or use of the facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from safely participating in Games and/or properly using any facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Games and/or using facilities, and should not be participating in any Games.
LPH hereby advises you that COVID‐19 is a highly contagious virus and any offline interaction with other users or third parties carries a risk of developing or contracting COVID‐19. As such, by using Let’sPlayHoops and by participating in the Games you expressly assume such risk. In further consideration of being permitted to participate in the Games and as material inducement therefor, you agree to the following waiver, release, covenant and indemnity: (i) On your behalf and on behalf of all your invitees, you hereby release, waive, discharge and covenant not to sue LPH, its third party sports facilities providers, its director, officers, employees, volunteers, agents from all liability to the undersigned or your invitees for any loss damage or any claim on account of injury to or illness or death relating to COVID‐19, directly or indirectly, from you whether caused by negligence, active or passive, of LPH, or otherwise while the undersigned are participating in the Games, and (ii) you shall indemnify, defend, and hold harmless LPH, its third party sports facilities providers, its directors, officers, employees, volunteers, and agents and each of them, from any loss, liability, damage or costs, whether caused by negligence of LPH or otherwise, and whether brought by you, your invitees, or unrelated third parties, while you or any of your invitees are in, upon or about the Space and shall indemnify, defend, and hold harmless LPH. You agree to adhere to all facility protocols related to Covid‐19 and other safety guidelines. These guidelines are non‐negotiable. You understand that these guidelines and safety protocols may change over time and you agree to adhere to any changes to the guidelines and protocols.
10. YOUR ACCOUNT
In the event that you are provided with user identification names, a login ID, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of Let'sPlayHoops, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of Let'sPlayHoops or content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify us if your Access Credentials need to be changed or canceled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. We may terminate your access to, and your use of, Let'sPlayHoops immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
You may cancel your account at any time, for any reason by email notice of cancellation to email@example.com.
11. RESERVATIONS, CANCELLATIONS, AND REFUNDS
You authorize us to charge you for purchases made on Let'sPlayHoops. Tax and transaction fees, if any, are additional. By using Wix, Stripe or other third party payment platform you acknowledge that we do not control the transaction, and you bear all risk in connection with the transaction.
Refunds of any payment you make to us are subject to applicable law. If you believe any payment to us is in error, you must contact us at firstname.lastname@example.org to seek resolution immediately. You should use common sense and be careful in deciding whether to make a payment.
In order to cancel and receive a full refund, you must cancel your reservation at least 24 hours prior to the start time. If you cancel a reservation less than 24 hours prior to the start time, you may receive a 50%-refund at our sole discretion. Once your reservation is canceled, the money you used to pay for the game will be returned to your original payment method. We may terminate or suspend your use of Let'sPlayHoops, or anyone using your Access Credentials, for frequent cancellations or misuse of our cancellation policy. We reserve the right to determine what constitutes frequent cancellations at our sole discretion.
12. COPYRIGHT POLICY; NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPY INFRINGEMENT
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify our agent for notice of claims of copyright infringement ("Agent"), at:
Please provide our Agent with the following notice, which shall include each of the following:
a description of the copyrighted work that you claim has been infringed;
a description of the material you claim is infringing, with enough detail so that we may locate it;
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner; and
your physical or electronic signature.
Your notice will be subject to The Digital Millennium Copyright Act (DMCA). We may terminate the accounts of repeat infringers.
13. INFORMATION AVAILABLE ON LET’SPLAYHOOPS AND THIRD-PARTY CONTENT
We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of the Let'sPlayHoops content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Let'sPlayHoops. You agree that you must evaluate, and bear all risk associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Some of the content posted on Let'sPlayHoops may be posted by third-parties and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) We are not responsible and disclaim any and all liability for any aspect of such Third-party Content, (ii) the content provider posting such Third-party Content on Let'sPlayHoops is solely and exclusively responsible for such Third-party Content, (iii) we make no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) we cannot and do not guarantee that Third-party Content complies with these Terms.
14. NO WARRANTIES; DISCLAIMER
You acknowledge and agree that neither LPH Entity nor its affiliates, licensees, vendors and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) your use of the Let'sPlayHoops, or on any other linked/third-party website; (ii) any incorrect or inaccurate content posted on Let'sPlayHoops or provided in connection with the services; (iii) your purchase of Let'sPlayHoops credits to join a basketball game, practice or event; (iv) your rights to cancel your purchase of Let'sPlayHoops credits to join a basketball game, practice or event; (v) your registration for and/or participation in a basketball game, practice or event; (vi) your purchase of merchandise; (vii) your communication with Let'sPlayHoops; (viii) your use of and attendance at our games, practices or events (ix) the conduct, whether online or offline, of any user; (x) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or content; or (xi) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software on account of technical problems, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with Let'sPlayHoops. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE LPH ENTITY PROVIDES LET’S PLAY HOOPS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO LET’S PLAY HOOPS (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LPH ENTITY MAKES NO WARRANTIES ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, WE DO NOT WARRANT THAT LET’SPLAYHOOPS OR ANY OF OUR SERVICES WILL OPERATE ERROR-FREE OR THAT LET’S PLAY HOOPS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF LET’S PLAY HOOPS OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE LET'SPLAYHOOPS.
THE CONTENT OF LET’SPLAYHOOPS IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING MEDICAL, LEGAL, PROFESSIONAL, FINANCIAL, OR OTHER ADVICE OF ANY KIND. LPH ENTITY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH LET'S PLAY HOOPS. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. ANY ACTION OR DECISION THAT YOU MAKE REGARDING INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH LET’S PLAY HOOPS IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LPH ENTITY, OUR OFFICERS, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, VENDORS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR LET’S PLAY HOOPS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON LET'SPLAYHOOPS, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LET'S PLAY HOOPS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL LPH ENTITY, OUR SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES, PARTNERS, VENDORS, LICENSEES AND THEIR EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN LET’S PLAY HOOPS OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH LET’S PLAY HOOPS INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL LPH ENTITY OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, VENDORS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF LET’S PLAY HOOPS OR SERVICES AVAILABLE THROUGH LET’SPLAYHOOPS OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
You agree to defend, indemnify, and hold harmless LPH Entity and its owners, principals, affiliates, subsidiaries, partners, vendors, licensors and licensees, and their and our directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of Let'sPlayHoops; (ii) your violation of these Terms (including any breach of your representations and warranties contained herein); (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. We will give you notice in the event of an indemnifiable event. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.
These Terms will remain in full force and effect while you are a user of Let'sPlayHoops and may be terminated by us at any time with or without notice. In the event of termination, you are no longer authorized to use or access Let'sPlayHoops. You hereby acknowledge that the restrictions imposed on you with respect to any content downloaded from Let'sPlayHoops, the disclaimers and limitations of liabilities, your indemnification obligations, and your payment of any outstanding fees owed to us shall survive the termination of these Terms.
20. ADDITIONAL TERMS
Certain areas of Let'sPlayHoops may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas. Additionally, certain services offered through Let'sPlayHoops may also be subject to other contracts with us containing additional Terms. You agree to be bound by the additional Terms in any other contract you may have with us. In the case of any conflict between these Terms and any contract you have with us, the terms of your contract will prevail.
21. DEACTIVATION OF LET’SPLAYHOOPS
22. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LPH AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
a. Applicability of Arbitration Agreement. In this Section 22 (the “Arbitration Agreement”), You and LPH agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of Let’sPlayHoops that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and LPH are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
b. Arbitration Rules. The parties agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or the breach thereof, shall be resolved through final and binding Arbitration to be administrated by (“NAM”) National Arbitration and Mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum, and if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. § 5. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
d. Fees. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com. If LPH is the party initiating an arbitration against you, LPH will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against LPH, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, and LPH will pay the remainder of your Initial Filing fee and both parties’ Administrative Fee.
e. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and LPH. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Snap.
f. Waiver of Jury Trial. YOU AND LPH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LPH are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and LPH over whether to vacate or enforce an arbitration award, YOU AND LPH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
g. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or NAM Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 22.
h. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
i. Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor LPH can force the other to arbitrate. To opt out, you must notify LPH in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and the email address you used to set up your Let’sPlayHoops account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Let’s Play Hoops LLC., 418 Broadway, STE R, Albany , NY 12207, or email the opt-out notice to email@example.com.
j. Small Claims Court. Notwithstanding the foregoing, either you or LPH may bring an individual action in small claims court.
k. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with LPH.
23. LIMITATION ON CLAIMS
YOU AND LPH ENTITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF LET’S PLAY HOOPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE FULLEST EXTENT POSSIBLE BY LAW, LET'S PLAY HOOPS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LET’S PLAY HOOPS OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
24. EXCLUSIVE VENUE
To the extent that these Terms allow you or LPH to initiate litigation in a court, both you and LPH agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of Let’sPlayHoops will be litigated exclusively in the United States District Court for the Eastern District of New York. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Supreme Court of New York, County of Kings. You and LPH consent to the personal jurisdiction of both courts.
25. CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
26. ENTIRE AGREEMENT AND SEVERABILITY
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of Let'sPlayHoops and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.