1. General. These Terms and Conditions (the “Agreement”) set forth the terms and conditions that apply to your membership in Basketball Classroom with Monthly Billing (”Membership”). By agreeing, you will be billed $19.00 and continue to be billed $19.00 every thirty (30) days for 6 months or until you request to cancel your membership.
Membership is non-transferable and is valid for the member only. Resale or transfer of membership rights is strictly prohibited, and will constitute grounds for termination or non-renewal of membership.
2. Term. Membership begins at the time of payment and renews for additional 30-day periods until either party delivers written notice of their intention not to renew the Agreement. Immediately after the initial Term, Basketball Classroom will begin charging the monthly membership fee to the member’s credit card and will continue to do so every 30 days for 6 months or until membership in Basketball Classroom is terminated. You are responsible for keeping your credit card information correct and up to date with Basketball Classroom. The member may terminate this membership by emailing us at firstname.lastname@example.org at least five (5) days prior to the next payment date. If your membership is terminated due to Basketball Classroom being unable to receive payment from your credit card and you request reinstatement of your existing membership, Basketball Classroom, in its sole discretion, may choose to reinstate your membership provided you provide accurate credit card information and permit Basketball Classroom to receive immediate payment for each month of missed payments in addition to the next monthly payment due. Basketball Classroom reserves the right to cease offering monthly renewal and billing for this membership at any time after the first 30 days of your membership. In such event, members will be notified 30 days in advance that monthly billing will cease on the next billing date.
3. Disclaimer of Warranties. THE MEMBERSHIPS AND SUPPORT SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASKETBALL CLASSROOM, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING MEMBERSHIP, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF MEMBERSHIP. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
4. Limitation of Liability. THE ENTIRE LIABILITY OF BASKETBALL CLASSROOM AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR MEMBERSHIP DURING THE TERM IN WHICH ANY CLAIM ARISES. IN NO EVENT DOES BASKETBALL CLASSROOM ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN THE MEMBER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BASKETBALL CLASSROOM AND YOU. BASKETBALL CLASSROOM WOULD NOT BE ABLE TO HAVE PROVIDED THE SUPPORT SERVICES WITHOUT SUCH LIMITATIONS.
5. Miscellaneous. This Agreement (and any additional terms and conditions with which Basketball Classroom supplements this agreement) is a complete statement of the agreement between you and Basketball Classroom, and sets forth the entire liability of Basketball Classroom and its Suppliers and your exclusive remedy with respect to membership. The Suppliers, agents, employees, and distributors of Basketball Classroom are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Basketball Classroom. Any waiver of the terms herein by Basketball Classroom must be in a writing signed by an authorized officer of Basketball Classroom and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by Utah law as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Salt Lake County, Utah. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.
6. Privacy Statement. Your membership is subject to Basketball Classroom’s privacy policies, as may be amended from time to time, as set forth in Basketball Classroom’s Privacy Statement at www.basketballclassroom.com/privacy. By registering for membership, you consent to the use of your personally identifiable information in accordance with such privacy statement.
7. Refund Policy. A member may cancel membership at any time from the date of this agreement and thereafter by emailing us at email@example.com at least five (5) days prior to the next payment date. However, there are no refunds for membership dues received prior to cancellation.
8. Termination. Your rights under this Agreement may be terminated by Basketball Classroom immediately and without notice if you fail to comply with any term or condition of this Agreement. Any termination of this Agreement shall not affect Basketball Classroom’s rights hereunder.