Terms of Service

Welcome to HOOPSKLYCE ("HOOPSKLYCE").  PLEASE  READ THE TERMS OF THE SERVICE “AGREEMENT” CAREFULLY BEFORE USING HOOPSKLYCE. By using the HOOPSKLYCE, you signify your agreement to these terms of use and are of legal age to enter this agreement. If you do not agree to these terms of use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.

1. Definitions
HOOPSKLYCE is an on-line membership based service. A "Member" is defined as a person who accesses the HOOPSKLYCE site or receives via email a purchased HOOPSKLYCE report.   Each Member will have an account ("Account") established with HOOPSKLYCE for access to and use of HOOPSKLYCE and/or to receive reports.

2. General
(A) This Agreement, which incorporates by reference other provisions applicable to use of HOOPSKLYCE governing the use of certain specific material contained in HOOPSKLYCE, sets forth the terms and conditions that apply to use of HOOPSKLYCE by Member. By subscribing to the HOOPSKLYCE program, the Member agrees to comply with all of the terms and conditions hereof. The right to use HOOPSKLYCE is personal to the Member and is not transferable to any other person or entity. The Member is responsible for all use of the Member's Account (under any screen name/username or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Only one individual may access HOOPSKLYCE using the assigned same screen name/username or password, unless we agree otherwise.   The Member shall be responsible for protecting the confidentiality of the Member's password(s), if any.

(B) HOOPSKLYCE shall have the right at any time to change or discontinue any aspect or feature of the HOOPSKLYCE servics, including, but not limited to content, availability, and equipment needed for access or use.

3. Changed Terms
HOOPSKLYCE shall have the right at any time to change or modify the terms and conditions applicable to the Member's use of HOOPSKLYCE, or any part thereof, or to impose new conditions, including, but not limited to, changing fees and charges for use. Such changes, modifications, additions or deletions shall be effective 30 days immediately, which may be given by means including, but not limited to, posting on HOOPSKLYCE (including within this Agreement), or by electronic mail, or by any other means by which the Member obtains notice thereof. Any use of HOOPSKLYCE by the Member after such notice shall be deemed to constitute acceptance by the Member of such changes, modifications, or additions.

4. Equipment
The Member shall be responsible for obtaining and maintaining all equipment, including but not limited to, all telephone, computer hardware and software, and other any equipment needed for access to and use of HOOPSKLYCE and all charges related thereto.

5. Disclaimer of Warranty; Limitation of Liability
(A) THE MEMBER EXPRESSLY AGREES THAT USE OF HOOPSKLYCE IS AT THE MEMBER'S SOLE RISK. NEITHER HOOPSKLYCE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT HOOPSKLYCE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HOOPSKLYCE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE THROUGH HOOPSKLYCE.

(B) HOOPSKLYCE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE MEMBER SPECIFICALLY ACKNOWLEDGES THAT HOOPSKLYCE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE MEMBER.

(D) IN NO EVENT WILL HOOPSKLYCE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HOOPSKLYCE SERVICES OR THE HOOPSKLYCE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HOOPSKLYCE. THE MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON HOOPSKLYCE.  

(F) THE MEMBER’S SOLE REMEDY IN CASE OF DISPUTE IS MEMBERSHIP FEES PAID.

6. Indemnification
The Member agrees to defend, indemnify and hold harmless all of HOOPSKLYCE, its affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of the use of HOOPSKLYCE by the Member or the Member's Account.

7. Billing
HOOPSKLYCE Members will be billed upon ordering and payment must be received before HOOPSKLYCE delivers the services ordered.  The Member’s right to use HOOPSKLYCE Services is subject to any limits established by HOOPSKLYCE or by The Member’s credit card issuer. If payment cannot be charged to the Customer's credit card or the Member’s charge is returned for any reason, including chargeback, HOOPSKLYCE reserves the right to either suspend or terminate the Member’s access and account, thereby terminating this Agreement and all obligations of HOOPSKLYCE hereunder.   The Member of HOOPSKLYCE is not, however, relieved of debt owed to HOOPSKLYCE.

HOOPSKLYCE Member accounts can be transferred to another entity in the event of a merger or acquisition of the Company. For more info, see the HOOPSKLYCE Privacy Policy.

8. Cancellation/Refund Policy
Once an order is placed with HOOPSKLYCE there is cancellation provided notice is given before the work to deliver the specific services is rendered.  Refunds will be issued solely at the discretion of HOOPSKLYCE.

9. Entire Agreement
This Agreement and the HOOPSKLYCE Legal Disclaimer constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

This Agreement was last revised on August 6, 2005.