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Terms of Use
Updated as of December 31, 2004
We are delighted that you have decided to visit our web site. We have established the following Terms of Use that we require all our visitors to follow when using our site. In these Terms of Use, the words “we,” “us” and “our” refer to Hoop-A-Paluza, Inc., and the phrase “our site” refers to our web site located at www.hoopapaluza.org.
YOUR AGREEMENT
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You understand that by using our site, you are agreeing to be bound by these Terms of Use. Please do not use our site if you do not want to be bound by these Terms of Use. We may change these Terms of Use at any time, so please check regularly for any changes. By using our site after we have posted changes to these Terms of Use on our site, you agree to be bound by the changes.
USE OF OUR SITE
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You may not use our site for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of our site, without notice.
LINKING AND FRAMING
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You may not place a link to our site on any other web site, or frame our site within another web site, without our prior written permission.
CONTENTS OF OUR SITE
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Unless otherwise indicated, all contents of our site are © 2006 Hoop-A-Paluza, Inc. All rights reserved. The contents of our site are protected by the copyright laws and treaties of the United States and other countries. You may print out and use a copy of the contents of our site for personal, non-commercial purposes which do not harm our reputation, provided that you do not remove any copyright or other proprietary notices from the copy. You may not otherwise copy, distribute or modify any contents of our site without our prior written permission.
TRADEMARKS & SERVICEMARKS
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HOOP-A-PALUZA, H.A.P.I., HAPI and Hoopapaluza, are our service marks and trademarks. Other names and marks mentioned on our site are marks of their respective owners.
SUBMISSIONS
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We have provided our contact information and email links on our site because we would like to hear from you. However, we do not want you to, and you should not, send us any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send us become our property. You grant us an unrestricted, irrevocable, royalty-free, license to copy, distribute and modify any documents or other materials that you send us, and to use for any purpose any ideas, trade secrets, know-how or other confidential or proprietary information disclosed in those documents or other materials.
LINKS TO THIRD PARTY WEB SITES
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Our site may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
DISCLAIMERS AND LIMITATION OF LIABILITY
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We are providing access to our site and its contents as a convenience to you. Our site and its contents are provided AS IS. Neither we nor any of our suppliers assume any responsibility for the accuracy of any information contained on our site, for any interruptions or errors in accessing our site, or for any viruses or other harmful components contained on or site or the server from which our site is made available. We reserve the right to revise our site or withdraw access to our site at any time. NEITHER WE NOR ANY OF OUR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
INDEMNIFICATION
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You agree to indemnify, defend, and hold us and our officers, directors, trustees, employees, agents, suppliers and successors, harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site.
DIGITAL MILLENNIUM COPYRIGHT ACT
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Our designated agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Lowenstein Sandler PC
Attn: Edward M. Zimmerman, Esq.
65 Livingston Avenue
Roseland, New Jersey 07068
phone: (973) 597-2500
fax: (973) 597-2400
email: ezimmerman@lowenstein.com
If you believe that your work has been copied on our site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Digital Millennium Copyright Act, including (i) a description of the copyrighted work that has been infringed and the specific location on our site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
GOVERNING LAW AND JURISDICTION
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These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our site, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
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If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.
ENTIRE AGREEMENT
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These Terms of Use constitute the entire agreement between you and us with respect to our site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our site.
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