Terms of service

OVERVIEW
This website is operated by Hoop Mentality LLC, a Wyoming limited liability company, doing business as Hoop Mentality ("Hoop Mentality", "we", "us", "our"). Hoop Mentality offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide the online e commerce platform that allows us to sell our digital coaching resources and Services to you.

These Terms form a binding agreement between you and Hoop Mentality LLC. If you use the Services on behalf of a club, academy, school or other organization, you represent that you are authorized to accept these Terms on its behalf and that the organization will be responsible for your use of the Services. These Terms do not exclude any mandatory consumer rights that apply in your country of residence.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws and applicable consumer protection laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time, to the extent permitted by law.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission by us.
Headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where mandatory law requires otherwise.

SECTION 5 - PRODUCTS OR SERVICES
All products or services on our website are offered exclusively in digital format and can be accessed online after purchase, either through direct download or through our member area. Our Refund Policy applies to all digital sales.
We have taken care to display as accurately as possible the images and colours of our digital products. The appearance may vary depending on your device and settings.
We reserve the right to restrict the sale of any product to any person, region or jurisdiction, to amend descriptions and pricing at any time and to discontinue any product or service without liability, except where consumer protection law provides otherwise.
We do not guarantee that the quality of any digital product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected, although we aim to fix material errors that are brought to our attention.

SECTION 5A - INTELLECTUAL PROPERTY AND LICENCE
All digital coaching resources offered on this site, including playbooks, drills, templates, guides, checklists, forms, diagrams, videos, audio content and written explanations, are the copyrighted works of Hoop Mentality LLC or its licensors.

Upon purchase you receive a personal, non exclusive, non transferable, revocable licence to download and view the files and to access any related member area content for your own coaching and teaching purposes only. Unless we provide a separate written licence, you may not:
(a) resell, sub license, rent or lease any resource or access to any account or member area;
(b) share files or account access with other coaches, clubs, academies or organizations, including by posting files in shared drives, forums or other shared locations;
(c) upload, publish or distribute our resources on any public or paid platform, including websites, marketplaces, social media, video platforms or apps;
(d) edit, alter, remix or create derivative works from our resources for commercial purposes or for redistribution under your own name or brand; or
(e) remove, obscure or modify any copyright notice, trademark notice or other proprietary legend appearing on or in the resources.

All rights not expressly granted are reserved by Hoop Mentality LLC.

SECTION 5B - TRADEMARK AND PERSONALITY RIGHTS NOTICE
"Hoop Mentality", the Hoop Mentality logo and any related names, designs and slogans are trademarks of Hoop Mentality LLC in the United States and may be protected as trademarks or under unfair competition laws in other jurisdictions. You may not use any of our marks without our prior written consent, including in meta tags, domain names, social media handles or product titles, in a manner likely to cause confusion.

Team, league and coach names appearing in our products are used strictly for identification and descriptive purposes. Hoop Mentality LLC is not affiliated with, endorsed or sponsored by any such entity or individual. All trademarks and personality rights remain the property of their respective owners. Any reference to individual coaches or players is for factual, educational context only and does not imply endorsement.

Some images, videos or other media displayed on this website or in related marketing materials may be created or enhanced using artificial intelligence technologies. These assets are used for illustrative purposes only. Any resemblance to actual persons, living or deceased, is coincidental and unintentional. No individual depicted in such media is associated with, endorses or has approved our products or services.

Hoop Mentality LLC respects rights of publicity, privacy and intellectual property. AI generated media is not created using reference images of real individuals without authorization. To the extent any AI generated media may appear similar to a real person, such resemblance is coincidental and does not constitute unauthorized use of that person’s likeness. By using this website, you agree that Hoop Mentality LLC is not liable for claims, damages or legal actions arising from any perceived or alleged similarity between AI generated media and real individuals.

SECTION 5C - NO RIGHT OF WITHDRAWAL FOR DIGITAL CONTENT
If you are located in the European Union, the United Kingdom or another jurisdiction that grants a statutory cooling off period for consumer contracts, you acknowledge that by completing a purchase you expressly consent to the immediate supply of digital content and confirm that you thereby lose your statutory right of withdrawal once the download or online access has started, in accordance with Article 16(m) of the EU Consumer Rights Directive and equivalent rules where applicable.

SECTION 5D - ACCOUNTS, MEMBER AREA AND SECURITY
To access certain digital products and Services, including the member area, you may be required to create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account.

You agree to:
(a) provide accurate and complete registration information and keep it up to date;
(b) keep your password secure and not share your login details with any other person;
(c) notify us promptly at team@hoopmentality.com if you suspect any unauthorized access to your account; and
(d) comply with any reasonable security requirements that we communicate from time to time.

We reserve the right, in our sole discretion and subject to applicable law, to suspend or terminate any account or access to the member area where we reasonably believe that login details are being shared or misused or that any fraudulent or abusive activity is taking place.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders using the same billing address. If we change or cancel an order, we will attempt to notify you using the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases and to promptly update your information, including email and card details, so we can complete your transactions and contact you as needed.
For more details see our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third party tools.
Your use of optional third party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party providers.

SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not liable for third party materials or websites or for other materials, products or services of third parties.
We are not liable for harm or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please review carefully the third party policies and practices and make sure you understand them before you engage in any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, for example contest entries, or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, collectively "comments", you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain comments in confidence, (2) to pay compensation for comments or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property rights or these Terms of Service.
You agree that your comments do not violate rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of comments. You are solely responsible for comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review it for information on how we collect, use and protect your personal data.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers or availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate international, federal, provincial or state regulations, rules, laws or local ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code that may affect functionality or operation of the Service or of related websites, other websites or the internet;
(h) to collect or track personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for an obscene or immoral purpose; or
(k) to interfere with or circumvent security features of the Service or any related website, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. We do not warrant that results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you, where this is reasonably necessary for technical, security, maintenance or legal reasons.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, except where otherwise expressly stated by us, without representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non infringement, to the fullest extent permitted by law.
In no case is Hoop Mentality LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors liable for injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including errors or omissions in any content or any loss or damage incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.
Coaching outcomes vary. Nothing in our resources constitutes guaranteed competitive success or a promise of specific results. Nothing in our resources is legal, medical, tax or other professional advice. You remain responsible for your coaching decisions, for player health and safety, and for complying with all rules of the competitions in which your team participates.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hoop Mentality LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision is enforceable to the fullest extent allowed by applicable law and the unenforceable portion is deemed severed from these Terms of Service. This determination does not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you remain liable for all amounts due up to and including the date of termination and we may deny you access to our Services, or any part of them.

SECTION 17 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications and proposals, oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service are not construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to conflict of law rules, subject to any mandatory consumer protection rules that apply in your country of residence.

SECTION 19 - DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read this section carefully. It affects legal rights.

(a) Informal resolution.
Most concerns can be resolved quickly by contacting us at team@hoopmentality.com. You agree to try to resolve disputes informally before starting arbitration or court proceedings.

(b) Agreement to binding individual arbitration.
To the fullest extent permitted by applicable law, you and Hoop Mentality LLC agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the Service, that cannot be resolved informally, is resolved by binding individual arbitration, rather than in court. There is no judge or jury in arbitration and court review of an arbitration award is limited.

The arbitration is administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer Related Disputes. The AAA rules are available at www.adr.org. The arbitrator is bound by these Terms of Service. The arbitration may be conducted on the basis of written submissions, by telephone or by video conference, or in person in Sheridan County, Wyoming, United States, or another location agreed by the parties.

(c) Class action waiver.
To the fullest extent permitted by law, you and Hoop Mentality LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated or representative proceeding.

(d) Small claims and injunctive relief.
Nothing in this section prevents either party from bringing an individual action in small claims court where that court has jurisdiction, or from seeking temporary or preliminary injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

(e) Non United States consumers.
If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction that does not permit mandatory arbitration or class action waivers in the way described in this section, this section applies only to the extent permitted in your country of residence and does not limit rights granted by mandatory law.

SECTION 20 - LIMITATION PERIOD
To the extent permitted by applicable law, you agree that any cause of action that you may have arising out of or related to the Service or these Terms of Service must be commenced within one year after the cause of action accrues. After that period, such cause of action is permanently barred. This section does not apply where a longer limitation period is required by mandatory law.

SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to team@hoopmentality.com.
Hoop Mentality LLC
30 N Gould St, STE R
Sheridan, WY 82801
USA

SECTION 23 - DMCA NOTICE AND COPYRIGHT POLICY
Hoop Mentality LLC respects the intellectual property rights of others and expects users of the Service to do the same. In appropriate circumstances we may disable or terminate accounts of users who repeatedly infringe copyrights.

If you believe that material available on or through our Service infringes a copyright that you own or control, you may send a notification of claimed infringement to our designated Copyright Agent:

Copyright Agent
Hoop Mentality LLC
30 N Gould St, STE R
Sheridan, WY 82801
USA
Email: team@hoopmentality.com

Your notification must include the following information in writing in order to be effective under 17 U.S.C. 512(c)(3):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf.

If material that you posted was removed due to a copyright complaint and you believe that removal was mistaken, you may send us a counter notification that meets the requirements of 17 U.S.C. 512(g). We may restore the material in accordance with the DMCA and other applicable law.

SECTION 24 - FORCE MAJEURE
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including platform outages, war, terrorist acts, governmental action, pandemic or epidemic, fire, flood, earthquake, strike, lockout, failure of telecommunications or internet services, or other events outside our reasonable control. Where such an event occurs, our obligations are suspended for the period of the event and we will resume performance as soon as reasonably possible.

SECTION 25 - ASSIGNMENT
We may assign or transfer our rights and obligations under these Terms of Service, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets or by operation of law, without prior notice to you, provided that this does not reduce your statutory rights. You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent.