Terms of Service
Welcome to HOOPSKLYCE ("HOOPSKLYCE"). PLEASE READ THE TERMS OF
THE SERVICE ďAGREEMENTĒ CAREFULLY BEFORE USING HOOPSKLYCE.
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
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.
(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
(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.
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
(F) THE MEMBERíS SOLE REMEDY IN CASE OF DISPUTE IS MEMBERSHIP
The Member agrees to defend, indemnify and hold harmless all of HOOPSKLYCE, its
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.
HOOPSKLYCE Members will be billed upon ordering and payment must be received
before HOOPSKLYCE delivers the services ordered. The Memberís right to
use HOOPSKLYCE Services is subject to any limits established by HOOPSKLYCE or by
The Memberís credit card issuer. If payment cannot be charged to the Customer's
credit card or the Memberís charge is returned for any reason, including
chargeback, HOOPSKLYCE reserves the right to either suspend or terminate
the Memberís 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
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.