Terms and Conditions
All products and services offered for sale by huupe inc. ("huupe" or "Company") or through its distributors or sales representatives are sold subject to these Terms and Conditions (the "Agreement").
huupe's website properties include huupe.com (the Site) and all huupe websites around the world that are associated with it. huupe inc. (huupe, we, us or our) is the owner and operator of the Site. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF USE (UNITED STATES) (TERMS OF USE) AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED INTO THESE TERMS OF USE BY REFERENCE. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO USE THE SITE. YOUR USE OF THE SITE CONSTITUTES AN AGREEMENT BETWEEN YOU AND HUUPE ON THESE TERMS.
If you comply with these Terms of Use, you may use the Site for your non-commercial, non- exclusive, non-assignable, non-transferable, limited and personal use. You may not use this Site for any other purpose. The Governing Law and Dispute Resolution clause of these Terms of Use includes a binding arbitration clause and class action waiver, which means you agree to submit any dispute related to the Terms of Use, the Products, and your relationship with us to binding arbitration rather than proceeding in court. You may opt- out of this mandatory arbitration agreement only by following the procedures below.
UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL.
huupe inc. is the owner and the operator of the Site. Our EIN number is 85-2500903. Our registered business address is at 17875 Von Karman Ave. Suite 150, Irvine, CA 92614. You can contact us at customerservice@huupe.com
Your use of our Products and Service (as defined below) constitutes your consent to this Agreement. This Agreement is between you and huupe inc. concerning your use of (including any access to) our products and our online services that huupe makes available for use, and any mobile app(s) that huupe makes available for use (collectively, together with any software, web pages, cloud services, content, and other materials and services available therein, and successor service(s) and app(s) thereto, the "Service"). This Agreement hereby incorporates by this reference any additional terms and conditions posted by huupe through the Service, or otherwise made available to you by huupe.
By using the Service, you affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. Please note that separate requirements may apply to a minor’s use of any huupe devices or Service.
If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "you" and "your" in this Agreement will refer to both the individual using the Service and to any such Organization. Please note that use of the Service by or on behalf of any Organization may also be subject to additional terms made available by huupe from time to time, which are hereby incorporated by this reference into this Agreement.
Order Terms and Conditions
These Order Terms and Conditions (these "Terms") govern the placing of Pre-Orders and Orders with huupe inc. (the "Company") on huupe.com for the huupe PRO (a full-sized smart basketball hoop for indoor and/or outdoor use), the huupe mini (a mini over the door or wall mounted smart mini basketball hoop game console) and all other huupe products. By submitting your Pre-Order or Order, you agree to be legally bound by these terms.
General Restrictions on Use
This Site contains text, graphics, icons, images, illustrations, photographs, sounds, music, artwork, computer code, visual interfaces, user interfaces, slogans, product names, trademarks and logos, including but not limited to their design, structure, selection, coordination, "look and feel", the user experience they evoke, flow and arrangements (together, the Content). As a visitor to our Site, you must follow these Terms of Use when accessing and/or using the Site and any of its Content. Your use of the Site must comply with applicable laws, regulations and generally accepted practices or guidelines.
You may access the Site and its Content only through web browsers. You agree that you shall not:
(a) access the Site or any of its Content through any other interface or method other than through web browsers;
(b) "page-scrape", "spider", "deep-link", "robot", "web crawl" or use any device or algorithm or method, automated or otherwise, to access, acquire, copy or monitor any part of this Site or its Content;
(c) circumvent or attempt to circumvent our Site’s navigational structure or exploit the Site to access information that we hid from the public intentionally;
(d) access any part of the Site, or any other servers, systems or networks connected to it (huupe Systems) without our written permission;
(e) gain access or try to gain access to the huupe Systems whether by hacking, password "mining" or any other illegitimate means;
(f) act to interfere with, disable or impair the performance or security of the huupe Systems, including but not limited to any action that imposes an unreasonable or disproportionately large load on the infrastructure of the huupe Systems;
(g) probe, scan or test the vulnerability of the huupe Systems;
(h) breach the security or authentication measures of the huupe Systems;
(i) collect any data or seek to discover the identity of any Site visitor or huupe customer for any purpose;
(j) give any false information in your account details;
(k) use another person’s identity without that person’s permission or misrepresent that you are acting on behalf of a person, entity or organization; and
(l) use the Site if we have suspended or banned you from using it.
Terms of Use
You shall not access and/or use the Site or any Content for illegal activity or in breach of these Terms of Use. Examples include but are not limited to:
(a) using the Content to cause confusion to others about your relationship with us;
(b) representing yourself as our authorized reseller or distributor when you are not; and
(c) using the Content to make and sell counterfeit products, and others.
We do not authorize any person to act as our authorized distributor or reseller. Anyone who pretends to be one is infringing upon our rights, including our trade name, logo and trademark.
We will seek redress to the full extent of the law, including and up to criminal prosecution.
Content
We own or have the rights to all the Content and its related intellectual property rights. You have no rights in or to the Content other than to use them in accordance with these Terms of Use. We do not allow use of the Site or its Content outside of the permitted scope defined by these Terms of Use. You should be aware that violating intellectual property laws may lead to criminal prosecution that culminates in jail time.You shall not copy, reproduce, modify, broadcast, perform, republish, upload, post, publicly display, encode, translate, transmit, mirror or otherwise distribute, or create derivative works from, any part of the Site or Content, or otherwise exploit any of them for any commercial use without our prior written consent.
You agree not to use the Site for any purpose or in any manner that is unlawful or infringes our or any third party’s intellectual property rights. You may not remove or alter any copyright, trademark or any other proprietary notice from any part of the Site or any Content. If you download materials from our Site, they shall only be for your personal and non-commercial use. You shall not alter such materials and you shall keep all copyright, trademark and other proprietary notices intact.
Please do not submit any unsolicited idea, work, material, proposal, suggestion, artwork, content
or the like (User Content) to us. If you do, you agree that you grant us and all of our subsidiaries and affiliates a worldwide, irrevocable, perpetual, transferable (through multiple tiers of transfers) license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content without any compensation to you. We will be able to share User Content publicly without having to acknowledge any rights that you might have in such User Content.
Other Terms and Conditions
If you decide to make a purchase on the Site, our Sale Terms will also apply to you in addition to these Terms of Use and our Privacy Notice. You should read the Sale Terms carefully before you make any purchase.
Additional terms and conditions may also apply when you participate in any contests, giveaways or promotions featured on specific parts of the Site (Other Terms), which are incorporated into these Terms of Use by reference. You agree to comply with these Other Terms where applicable. In the event of any inconsistency between these Terms of Use and the Other Terms, the Other Terms shall prevail with respect to that specific part(s) of the Site.
Errors and Inaccuracies
We strive to ensure that the information on our Site is correct at all times. However, mistakes sometimes do occur. We reserve the right to correct any errors, inaccuracies or omissions on the Site without informing you.
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED, ERROR- FREE OR SECURE. WE MAKE NO ASSURANCES THAT WE WILL CORRECT ANY DEFECT OR THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS. THE SITE AND ITS CONTENT IS
DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO PROMISES THAT ANY DATA OR FILE YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, APPLICABILITY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKE, ERROR, OMISSION, INFRINGEMENT, DEFAMATION, FALSEHOOD OR OTHER MATERIAL OR OMISSION THAT MIGHT OFFEND OR OTHERWISE GIVE RISE TO ANY CLAIM OR COMPLAINT.
WE SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT, YOUR ONLY REMEDY IS TO STOP USING AND/OR ACCESSING THE SITE.
To the maximum extent allowed by applicable laws, our disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following for any reason at any time without informing you:
(a) modify, suspend or end the operation of or access to any part of the Site;
(b) modify or change any part of the Site and its Content, and any of the policies or terms of the Site;
(c) interrupt the operation of any part of the Site to perform routine or non-routine maintenance, correct errors or make other changes; and
(d) deny or restrict anyone’s access to this Site or any other huupe website or platform
without notice or the need to provide any reason whatsoever.
Account Security
We do not require you to register for an account to access or use the Site. You may however choose to register an account to store your information and contact details.
By registering an account on the Site, you represent and warrant to us that:
(a) you are at least 18 years of age;
(b) if you are not at least 18 years of age, that you have obtained consent from your parent or guardian or you are under the supervision of your parent or guardian;
(c) you are using your actual identity; and
(d) the personal data that you have provided to us is true and accurate and that you shall maintain and promptly update such personal data to ensure a true and accurate record.
When you create an account on the Site, you must provide an email address, which will be used as your username, and create a password. You are solely responsible for maintaining your account login details and your password secret, safe and secure at all times. We shall not be liable if a third party obtains unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us by e-mailing us at customerservice@huupe.com
Privacy
Your privacy is important to us. We may collect and process your data in accordance with the privacy practices described in our Privacy Notice. If you have questions about the treatment of
your personal data, please write to customerservice@huupe.com
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. This is the case even if we inform you that a particular transmission (for example, credit card information) is encrypted. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
Linked Websites
The Site may contain links to other independent third-party websites (Linked Sites). Linked Sites may use our website logo or style due to a co-branding agreement. These websites may set cookies on your browser. They may collect your personal data and make use of that data in ways that we do not. We have no control over Linked Sites and are not responsible for their contents. Our inclusion of these Linked Sites does not in itself constitute or imply any endorsements, sponsorship or recommendation of the material on such Linked Sites or any association with their owner and/or operators, unless expressly stated otherwise. We shall not be liable for any loss, damage, expense, costs or liability whatsoever incurred by you as a result of you entering into any contracts with these Linked Sites. These Terms of Use do not apply to our Linked Sites and you are to determine for yourself how to interact with these Linked Sites. Please be sure to review the terms of use and privacy policy of any Linked Site before you access, use, or share any content or information with such Linked Sites.
Limitation of Liability
BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND ACCEPT THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IF, DESPITE THESE TERMS OF USE, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT (EXCLUDING YOUR RELIANCE ON THE CONTENT TO MAKE YOUR DECISION TO PURCHASE OUR PRODUCTS, IN WHICH CASE, OUR LIABILITY IS GOVERNED BY ANY APPLICABLE LAWS, THE SALE TERMS THAT YOU ENTERED INTO WHEN YOU PURCHASED THE RELEVANT PRODUCTS AND THE TERMS OF OUR WARRANTY), YOU AGREE THAT OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT, OR THE OTHERWISE, IS LIMITED TO US $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FALLS SHORT OF ITS ESSENTIAL PURPOSE.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Site or the Content, and you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries affiliates and contractors, harmless from and against any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers) brought by any third party, whether direct or
consequential, due to or arising out of or in connection with:
(a) your use of the Site or any Content;
(b) your breach or violation of or failure to comply with any portion of these Terms of Use;
(c) your infringement of our intellectual property rights and rights to the Site or any Content;
(d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; and/or
(e) any dispute or issue between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclosure of Information
We may disclose any information we have about you in connection with any investigation or complaint concerning your use of the Site. We reserve the right to disclose information to comply with any applicable law, regulation, legal process or governmental request. We will only disclose information to the extent required, or to the extent deemed necessary by us in our sole discretion, subject to applicable laws.
Remedies
We may, at our sole discretion, terminate any account you have with us and/or terminate or restrict your use of any part of the Site at any time for any legitimate reason. Such reasons would include:
(a) your breach or violation of or failure to comply with these Terms of Use;
(b) any requests or orders by law enforcement or competent government authorities;
(c) infringement or suspected infringement of our intellectual property rights;
(d) unexpected technical or security issues; and
(e) when we no longer own the Site.
Our termination and/or restriction of your account and/or access to the Site (in whole or in part) shall be without prejudice to any other rights and remedies that we are entitled to under these Terms of Use, at law or in equity. We may also take any other action including but not limited to reporting you to the police or other law enforcement authorities, issuing a warning or taking legal action against you and pursuing any costs incurred by us as a result. huupe may change, discontinue or otherwise suspend any part of the Site at any time, for any reason, without letting you know in advance, and we shall not be responsible to you for any claim, loss, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct or consequential, suffered by you or anyone else as a result. While we may choose to take any of the aforesaid actions, or any other action we deem appropriate, nothing stated herein shall constitute an obligation to take any such action.
Complaint Procedures
If you believe that any content on this Site infringes your intellectual property or other rights, please email us at customerservice@huupe.com. In your email, please set out the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.
Changes to Specific Terms of Use
You agree that we may revise these Terms of Use from time to time without prior notice to you. Any revisions to these Terms of Use will be reflected on this page.
The Terms of Use in force at the time you use the Site govern your use of the Site. You must check these Terms of Use each time you use the Site. You are responsible for understanding your obligations to us under these Terms of Use. Your continued use of the Site after we post changes to these Terms of Use means you accept and agree to the changes.
Governing Law and Dispute Resolution
Please read this Section (Arbitration Agreement) carefully. It is part of your contract with huupe and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, except as specifically excluded in Section 16(G) (Exclusions from Arbitration) below, you, or anyone purchasing products or otherwise acting on your behalf, and huupe, and any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Site, any communications you receive from huupe or its representatives, any products purchased, sold, or distributed through the Site or the Terms of Use, prior versions of the Terms of Use and all other terms incorporated herein, including claims and disputes that arose between you and us before the effective date of these Terms of Use and any disputes regarding the scope or validity of this Arbitration Agreement (each, a Dispute) will be resolved exclusively by binding arbitration, rather than in court. For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms of Use, including the Other
Terms, as well as claims that may arise after the termination of these Terms of Use or any Other Terms. The term "Dispute" is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in Section 16(B) (Informal Dispute Resolution) below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in Section 16(G) (Exclusions from Arbitration) below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Site.
B. Informal Dispute Resolution. If a Dispute arises, huupe is committed to working with you to reach a reasonable resolution. You and huupe agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and huupe therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the
dispute (Notice). Your Notice should be sent by email to legal-notices@huupe.sg or regular mail to our offices located at 8 The Green, Ste. #300, Dover, Delaware 19901, USA. The Notice must include: (1) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; (3) a description of your Dispute; and (4) the resolution sought (together, the Required Information). This information is necessary to give huupe sufficient information to address your dispute. If your Notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice shall be without effect, and must be re-sent before any arbitration or other legal action can be initiated against huupe. You and we each agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within sixty (60) days of our receipt of the Notice. Engaging in the Informal Dispute Resolution process described herein is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this Section.
C. Rules and Forum. The Terms of Use and/or the purchase of products on the Site evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and huupe agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that huupe shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by huupe. The arbitration will be administered in accordance with the Consumer Arbitration Rules (the AAA Rules) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in New York, New York, or the county and state where you live (unless you and we agree differently). You agree that, in the event of an in-person hearing, any huupe employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request a hearing and the arbitrator determines that such an appearance is required. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the Dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your huupe account history and communications directly related to your purchases of products from through your huupe account. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. You and huupe agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All arbitration proceedings shall also be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
D. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
E. Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. Absent appeal, the award of the arbitrator will be final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. Nothing in this Section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from huupe.
F. Attorneys' Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or huupe need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
G. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section 16(I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section 16(I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
H. Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND HUUPE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and huupe are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16(A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
I. Waiver of Class and Other Non-Individualized Relief. YOU AND HUUPE AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION 16, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 16(I) (Waiver of Class and Other Non-Individualized Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and huupe agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This Section 16(I) (Waiver of Class and Other Non-Individualized Relief) does not prevent you or huupe from participating in a class-wide settlement of claims. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
J. 30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by sending written notice of your decision to opt out to: 17875 Von Karman Ave. Suite 150, Irvine, CA 92614, USA, or e-mail to customerservice@huupe.com within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use, including all applicable Other Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
K. Invalidity, Expiration. Except as provided in Section 16(I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with huupe as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
L. Modification. We may amend these Terms of Use and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by writing to huupe at 17875 Von Karman Ave. Suite 150, Irvine, CA 92614, USA, your continued use of the Site, including the purchase of products offered on the Site following the posting of changes to these
Terms of Use or to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Site, any communications you receive, any products purchased, sold or distributed through the Site or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. huupe will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement. Unless stated otherwise, these Terms of Use set out all of the terms and conditions agreed upon between us as to your access and/or use of the Site and supersedes and extinguishes all previous proposals, agreements, representations and undertakings between us, whether written or oral, relating to this subject matter. These Terms of Use shall be governed by and construed in accordance with the laws of Delaware, USA. Each of the paragraphs of these Terms of Use operates separately. If one or more of these terms is held to be invalid, illegal or unenforceable by a competent authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we delay enforcing our rights, that will not mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances and we will be entitled to exercise our rights and remedies at a later stage. Any waiver by us will only be done expressly in writing. Any waiver by us of your breach does not mean that we will automatically waive another breach by you. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800)-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
Shipments; Delivery; Title and Risk of Loss
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.
(c) We are not liable for any delays in shipments.
(d) International shipping may be subject to additional charges.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Priority
huupe will build products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products.
Final Checkout for Pre-Orders on huupe PRO
Your $100.00 Pre-Order will be deducted toward the final purchase price at final checkout. The price of the huupe PRO does not include shipping, installation, duties, taxes and other government charges.
Pre-Orders outside of the U.S
Pre-Orders and Orders made outside of the U.S. are not subject to the refund policy/delivery date promise of U.S. orders.
Product Subject to Minor Change
The huupe (hardware and software) may be subject to minor changes from its original specifications.
Next Steps
When we are ready to ship you your huupe PRO, we will email you to (1) schedule delivery and (2) commence final payment. Installation will be a separate transaction between customer and local installers.
Registration
When placing an order, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current.
Force Majeure
Your order does not create liability for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
Product and Service Terms and Conditions
Information Submitted Through the Service. You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject huupe to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Limited Warranty
huupe inc. extends the following Limited Warranty, which applies only to non-commercial, in-home use (or if you are a Commercial Buyer, only to use as specified in your Commercial Agreement) of the Covered Products specified below, subject to the exclusions and limitations below. Any other use will void this Limited Warranty. Capitalized terms used but not defined in this Limited Warranty will have the meanings given to them in huupe’s Terms and Conditions.
This Limited Warranty applies, subject to the exclusions and limitations below, only for valid warranty claims made during the applicable warranty period below and only so long as the applicable Covered Product remains in the possession of the original purchaser, or for a Covered Product presented as a gift by the original purchaser, the original possessor of that Covered Product.
• huupe PRO – huupe warrants that the huupe PRO will be free from defects in workmanship and materials for a period of 12 months from the date of original delivery.
• huupe mini – huupe warrants that the huupe mini provided by huupe will be free from defects in workmanship and materials for a period of 12 months from the date of original delivery.
• huupe accessories ("Accessories") - huupe warrants that the Accessories provided by huupe will be free from defects in workmanship and materials for a period of 15 days from the date of original delivery.
huupe will cover the labor costs and, if applicable, the cost of the replacement parts to repair or replace the products listed above pursuant to a valid warranty claim made pursuant to this Limited Warranty.
In addition, if you engage huupe to repair or replace any products that is out-of-warranty with respect to the warranties above, huupe warrants that the applicable repaired or replaced products will be free from defects in workmanship and materials for a period of 3 months from the date of such repair or replacement. huupe will cover the cost of the replacement pursuant to this Limited Warranty.
EXCLUSIONS AND LIMITATIONS
Who is covered?
The original purchaser of the products. The Products must remain in the possession of the original purchaser, or for Products presented as a gift by the original purchaser, the original possessor of that Products. This Limited Warranty is not transferable.
What IS covered?
• If a defect in workmanship or materials arises in the Products during the applicable warranty period, the original purchaser’s (or, as applicable, the original possessor’s) sole and exclusive remedy is for huupe to, at huupe's discretion and to the extent permitted by law, either replace or repair the defective Products with the same or a comparable model.
• Any replacement or repaired Products will be warranted for the remainder of the original applicable warranty period or 3 months from the date of replacement or repair, whichever is longer, or for any additional period that is required by applicable law.
What is NOT covered?
• Any use of huupe products outside of the Quick Start Guide or User Manual published on website or that comes in packaging.
• Specifically, any scratches on the huupe mini screen or polycarbonate are not a defect eligible for returns. Because the huupe mini is designed to be played on, scratches are inevitable and this is not a basis for return of the product.
• huupe shall not be liable to any customers for any dollar amount for entering in the wrong address. It is the customer’s responsibility to pay for any shipping changes or errors after order is placed.
• huupe shall not be liable for any instances where the customer forwards to the wrong address or an improper address and huupe reserves the right to bill the customer for any additional freight or shipping charges incurred by huupe as a result of customer’s forwarding.
• Any other huupe products or services, non-huupe products or services, labor, Products that is, or that huupe reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, Products purchased or used outside of the 48 contiguous United States or Canada, or Products that is missing serial numbers.
• Software, even if sold or licensed with, or embedded in, the Products, or Internet connectivity issues.
• Products defects, damage, or failure arising from (i) normal wear and tear; (ii) improper or negligent assembly, maintenance, or use (including using or storing the Products outside (or otherwise exposed to the elements) or in temperatures outside the recommended range on our website at huupe.com (iii) repair other than as performed by an Authorized Third Party Partner; (iv) use of the Products with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Products; or (iv) any use contrary to or in breach of the huupe Terms and Conditions or instructions provided with the Products.
• If you are a Commercial Buyer, Products used in connection with a violation of your Commercial Agreement.
• Products defects, damage, or failure arising from accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing, or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by huupe.
• Any attempt to modify the components of the Products or modify, delete, add, or install software not provided with the Products or by huupe.
• huupe is not responsible or liable for indirect, special, incidental, or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, return, repair, or maintenance of Products. huupe does not provide monetary or other compensation for any repairs, returns or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute products, diagnostic visits, maintenance visits or transportation and returns.
• huupe does not warrant that the use or operation of the Products will be uninterrupted or error-free.
- huupe is not responsible for de-installation or return shipping costs of the huupe PRO or the huupe mini after the return period or warranty period.
Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by huupe or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY HUUPE AND SUPERSEDES ANY PRIOR, CONTRARY, OR ADDITIONAL REPRESENTATIONS OR WARRANTIES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
How do I obtain warranty service?
• To be eligible for service under this Limited Warranty you must provide huupe with the serial number of your Products and the dated receipt, or other proof of purchase indicating the date purchased. Contact huupe if you believe you need service at info@huupe.com
• Claims must be made within the specified warranty period.
What if I have questions or concerns?
Any disputes between you and huupe related to this Limited Warranty or the Products will be governed by the then-current dispute resolution procedures in huupe’s Terms and Conditions.
Fitness and Basketball Related Content. The content and other material and services available through the Service may include instructional videos, exercise routines, exercise records and other media. You acknowledge and agree that huupe is not a healthcare provider or fitness instructor; that the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that huupe is not responsible for any results that may (or may not) be obtained from the use of the Service. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Service. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Service solely in accordance with your personal physician’s advice.
Family Content. You may permit individuals under the age of 18 to use family content only if you remain present and supervise the minor at all times during use of the family content. You are fully responsible for the minor’s safe use of family content. Please see our Privacy Policy for more details regarding minors’ safety when using our products.
Waiver. You understand that by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of entering a gym space or any other space or environment in which the Service is made available, performing physical activity, and/or using the equipment on which the Service is available. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using such equipment, or other third parties (including third-party fitness instructors and other exercise participants), whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.
You hereby waive and release huupe to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services (including with respect to any physical injury or death). You acknowledge that neither huupe nor its Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.
The foregoing release is intended to apply to all claims not known or suspected to exist, with the intent of waiving, if applicable, the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims.
Rules of Conduct. In connection with the Service, you must not:
a. Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
b. Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
c. Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
d. Harvest or collect information about users of the Service.
e. Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
f. Restrict or inhibit any other person from using the Service with his or her own huupe device.
g. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without huupe’s express prior written consent.
h. Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
i. Remove any copyright, trademark or other proprietary rights notice from the Service.
j. Frame any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without huupe’s express prior written consent.
k. Systematically download and store Service content.
l. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without huupe’s express prior written consent.
m. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
Cheating
The huupe mini and huupe PRO both offer various prize challenges that are free to enter. If you are suspected of cheating, huupe inc. has the right to request video evidence and/or other proof of your score and/or legitimacy of your score in as it sees fit and user must be willing to produce such proof or forfeit prize for that challenge. huupe reserves the right to temporarily or permanently ban users proven beyond reasonable doubt of cheating on the huupe platform and cheaters may even face criminal and/or civil liability pursuant to any relevant governing Federal and/or State statutes.
Products. The Service may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by huupe or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Service of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
huupe reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to huupe’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
In the event of a refund, huupe agrees to refund the customer the original amount paid by the customer minus any credit card fees or processing fees incurred by huupe in the original transaction. The customer acknowledges and agrees that the refunded amount will be the net of any fees borne by huupe.
Additional charges, taxes, duties and VAT for purchases made outside the United States
All purchases made outside the U.S. that are subject to additional taxes, import duties, VAT, or mandatory additional charges by the customer’s country of receipt are the sole responsibility of the customer, not huupe, to pay.
huupe reserves the right to send additional invoices to customer to pay these additional charges after purchases have been made on huupe.com
huupe reserves the right to cancel order if customer refuses to pay additional charges.
In the case of a cancellation due to customer’s refusal to pay taxes, VAT or import duties, a full refund would be made to customer minus any shipping charges, credit card fees, payment processing fees and taxes or duties already paid.
Subscription and Memberships. Certain features, content, functionalities and other aspects of the Services may be available only through huupe's products sometimes referred to as a program (the "Membership Program") or ("Subscription"). The membership / subscription fee is non-refundable. huupe may, in its sole and absolute discretion, change the Membership and Subscription fees from time to time.
Some apps and features in huupe products will be free, while some elevated apps while require subscription membership.
The Membership Fee is payable on a monthly basis. Each membership will renew automatically on a monthly basis, unless you cancel your membership. Unless you notify us at least one and no more than 30 days before any such renewal date that you wish to cancel your membership or subscription or that you do not wish to automatically renew your membership, you understand and expressly agree that your membership will automatically continue for additional periods of one month each, and you authorize huupe (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee and any applicable taxes, for each such renewal, using any payment card that huupe has on file for you. You agree to provide huupe with alternate payment card information if the payment card huupe has on file for you is no longer valid, or if you choose to use a different payment card. For clarity, if your payment card expires or is no longer valid, your membership is paused, or we are otherwise unable to charge a Membership Fee payment to your payment card for any particular month during your initial Membership term, you are still responsible for making twelve monthly Membership Fee payments, which may mean that the monthly payments for your initial Membership term continue until you have made twelve monthly payments. The huupe trainer will stop functioning if you do not complete the twelve monthly payments of the required initial Membership term.
If you wish to cancel your membership, you may contact our Customer Care team info@huupe.com. Please contact our Customer Care team at least one and no more than 30 days prior to your desired last day of service.
All memberships in the Membership Program are final. Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing membership term) are non-cancellable and non-refundable. If you decide to cancel your membership, your membership will automatically expire at the end of your then-current membership term. For example, if you cancel your membership in the middle of a monthly billing cycle, your membership will continue until the end of that billing cycle.
Each membership is associated only with a single household, and cannot be used to enable any benefits of the Membership Program on any huupe device outside of your household. Please note that multiple residences that you maintain for your own personal use are considered a single household. A membership may permit the member to create and manage additional user accounts, solely for family members and personal guests of the member, that are permitted to use the benefits of the Membership Program on any huupe device associated with a valid membership (“Additional Users”). Each Additional User must accept the terms and conditions of this Agreement prior to using the Service, and the member will be responsible for all acts and omissions of each Additional User under the membership.
huupe reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Membership Program or to terminate any membership, for any reason, including abuse of the Membership Program, failure to comply with this Agreement, or fraud, misrepresentation or other conduct detrimental to the interests of huupe. Any such exclusion or termination may affect eligibility for further participation in the Membership Program.
Please note that if your membership expires or is cancelled or terminated, you and any Additional Users may no longer have access to any data, information or other content (including historical data, usage records, custom workouts, etc.) associated with your membership, or to any advanced weight modes. For clarity, the ability to perform any workouts using your huupe Device without a valid membership may be limited to adjusting the weight dial for the weight being lifted.
Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name (which may be your e-mail address), password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not huupe, are responsible for choosing a secure password and for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
You are solely responsible for all use of the Service by any Additional Users and any other users who access the Service through you or your huupe devices.
Profiles and Forums. Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’s interactive services, such as message boards, huupe mini DPC video evidence submissions, competition leaderboards and other forums, and chatting, commenting and other messaging functionality. huupe has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.
We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or that your conduct would tend to damage our reputation and goodwill.
License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to huupe a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and without restriction, and does not place huupe under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy, we may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Your Limited Rights. The Service is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by huupe to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to (a) use the Service (excluding the App) on huupe-branded equipment, solely for your personal, non-commercial use; and (b) install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Service, and remove (that is, uninstall and delete) the App from your mobile device.
huupe’s Proprietary Rights; Resale. We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include huupe, and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
You represent and warrant that you are buying products or the Service from the Site for your own personal or household use only, and not for resale or export.
Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by huupe with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Termination. This Agreement is effective until terminated. huupe may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if huupe believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and huupe may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that huupe does not endorse any of the products or services listed on such site. You accept that huupe accepts no liability for any harmful content viewed through 3rd party apps like YouTube, Netflix, Hulu, etc.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to huupe a written notice by mail or e-mail, requesting that huupe remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to huupe a counter-notice.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and huupe. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and huupe relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and huupe relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Huupe will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Huupe in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Huupe’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Changes. We reserve the right to change this Agreement from time to time and will notify you of such changes by any reasonable means, including by posting a revised Agreement through the Website.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We encourage you to check the Service regularly to learn about changes to this Agreement. We may, at any time and without liability, experience delays in delivery of products or the Service, modify or discontinue all or part of the Service (including access to any part of the Service via any third-party links); charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.
Notices.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at info@huupe.com
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Discounts. Any special offers, promotional deals and money-off vouchers (hereinafter the "discounts") shall only be valid during the period of validity and subject to the conditions of each offer. Discounts may not under any circumstances be converted into a sum of money which is reimbursable or payable to customer. Discounts are not transferable to third parties. Customer shall be barred from using several discounts cumulatively. And unless otherwise stated, each discount is one per customer. Customers may not use multiple discounts over multiple orders.
Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Installation Requirements for huupe PRO
Welcome to the huupe family! We commend you on your decision to start your basketball journey with huupe. It’s important to us that new members of the huupe family have a smooth and seamless installation experience. To ensure this, we help coordinate installation with a local installer in your area, but we at huupe do not install the huupe PRO ourselves. Professional installers must handle installation. We do not install any products sold on huupe.com. Installation will be a separate transaction between customer and local installers.
Important Reminders for installing huupe PRO
We recommend selecting two options for installation in case one space does not pass the on-site inspection.
It’s important to accurately measure the space prior to the day of installation. If the preferred installation locations do not meet the minimum requirements, the Installers cannot complete the delivery.
If we find that your space does not meet the minimum requirements, we will work with you to find another location and time to get you your huupe. This is for the safety of you, the Installers, and your home.
In the rare instance that we are unable to complete your installation, our team will work with you to accommodate other options in your home.
Our customer service team is available to help with any questions on installation.
Recommendations for the huupe PRO
Spacing. For an optimal huupe experience, we recommend at least a half court to play on, which is typically 50' baseline by 42' sideline.
The smallest half court we’ve installed on is 16' x 20' ft.
This decision is up to the family. You do not need a full half court! Just enough room to play basketball as you like.
WiFi is best. WiFi signal must be strong enough to stream audio and video on smartphones and laptops.
If you choose to use the huupe PRO outdoors, you accept the risks of outdoor electronic use.
If you live in climates with extreme heat or cold or other extreme weather conditions, we recommend covering your huupe PRO during these extreme weather conditions.
If you are in a heat wave with temperatures over 100 degrees Fahrenheit, we recommend covering your huupe PRO and unplugging your unit until temperatures cool down.
huupe mini Daily Prize Challenge ("DPC") Specific Terms and Conditions and Policy
Daily Prize Challenge ("DPC") Official Rules
The "Terms and Conditions" set out below were updated and are effective as of 00:00 Eastern Standard Time (EST) on December 25th, 2024. You agree that the Company may end this promotional game at any time, with or without notice to You.
ELIGIBILITY: The DPC is sponsored and administered by huupe inc. ("Sponsor"). The DPC is open only to persons in jurisdictions where the DPC is allowed under local law, who are 13 years of age or older, or the minimum age of consent to play in the jurisdiction in which You reside. Persons between the ages of 13 and 18 need a parent or guardian's permission to enter. The DPC is not open to users physically located in the following jurisdictions:
US States
• Arizona
• Arkansas
• Connecticut
• Delaware
• Hawaii
• Louisiana
• Missouri
• Nevada
• New Jersey
• South Carolina
• South Dakota
• Washington
By entering the Website and by taking part in the DPC, You represent that You are not a subject of any global sanctions and/or watch list. It is prohibited to use the huupe product and partake in the DPC from any jurisdiction that is sanctioned by the U.S. Department of the Treasury Office of Foreign Asset Control or other U.S. sanctions. Specifically, individuals in the following countries are explicitly banned from partaking in the DPC:
• Cuba
• Iran
• North Korea
• Syria
• Russia
• Afghanistan
• Belarus
• Myanmar (Burma)
• Sudan
• Venezuela
• Ukraine (specific regions: Crimea, Donetsk, Luhansk)
The DPC is void in additional jurisdictions where prohibited or restricted by law. Users who mistakenly have entered from any jurisdictions where the DPC is prohibited by law cannot under any circumstances win the Prize, but may contact huupe at info@huupe.com to request a refund for all costs from the previous 30 days. Employees, their immediate families, and household members (whether related or not), of Sponsor, or Sponsor’s affiliates, subsidiaries, or divisions (collectively, the “Sponsor Parties”) are not eligible to enter this Promotion. This Promotion is subject to all United States federal, state, and local laws. Sponsor reserves the right to verify the eligibility qualifications of any winner.
GAME RULES:
To enter the DPC, You must purchase a monthly subscription of $7.99 through the huupe mini DPC application. Each Game Day begins at 7PM United States Eastern Standard Time and ends at 6:59PM United States Eastern Standard Time the following calendar day. An Attempt will begin when the first 3 point shot is made on the huupe mini. Each Attempt is to be started through the huupe application.
Each monthly subscription will entitle You to 3 Attempts in the DPC per Game Day. Additional Attempts in the DPC can be purchased using H-bucks. H-bucks have no cash value and cannot be redeemed for cash or any prize. H-bucks can either be purchased through the huupe application or earned without purchase by playing various games through the huupe application. The number of H-bucks required to purchase additional Attempts on the DPC may vary over time at the sole discretion of the Sponsor.
The Winner will be determined by the User who makes the most consecutive “3 point shot” in a row, during the Game Day, without missing a shot. In order to win, You must have the most makes on any participant in the DPC, ties do not constitute a win.
A three point shot is constituted by making a basket from at least 10 feet away from the huupe mini as determined by the huupe mini. mini. We recommend measuring 10ft. from the huupe mini and marking 10ft. with tape or any other marker that would accurately measure 10ft away from the huupe mini to ensure consistency of distance on Your shots.
You can win the DPC multiple times, however video verification of every third win must be presented to huupe to ensure cheating did not occur. For example: if You win 6 DPC contests during the year, the third and sixth victory must be recorded and posted to either Instagram or TikTok, with a tag to the huupe official account (@huupeofficial) and emailed to info@huupe.com. The first, second, fourth, and fifth wins would not need to be recorded for verification purposes.
If you are suspected of cheating, huupe has the right to request video evidence and/or other proof of your score and/or legitimacy of your score in as it sees fit and user must be willing to produce such proof or forfeit prize for that challenge. huupe reserves the right to temporarily or permanently ban users proven beyond reasonable doubt of cheating on the huupe platform, a pursue criminal and/or civil litigation against You to the fullest extent allowable by law in the jurisdiction from which You entered the DPC.
PRIZE: The Winner may receive a prize in the amount of one hundred dollars ($100 USD) or 100 h-bucks or other prizes specified by huupe each day (the "Prize"). All costs and expenses associated with Prize acceptance are the sole responsibility of the Winner. The awarding of the Prize will be conducted under the supervision of the Sponsor whose decisions are final and binding in all matters pertaining to this Promotion. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor.
PRIZE TERMS: Subject to the terms set forth herein, Winner shall contact huupe within three (3) days of winning the DPC at info@huupe.com. If a prize is not claimed with proper identification requirements within thee (3) days, no Prize shall be awarded for that Game Day. Sponsor will arrange delivery of the Prize within thiry (30) days from receipt of a timely notification from the Winner via PayPal, Zell, or ACH. It is the responsibility of the Winner to accept the Prize via one of these methods only . Sponsor will also issue a Form 1099 to the Winner should the federal threshold for 1099 reporting be met. Any federal, state, and local taxes and any duties on the Prize are the sole responsibility of the Winner. The Prize is non-transferable. No substitution or transfer of the Prize will be permitted, except in Sponsor’s sole discretion. If the Prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. Redemption of the Prize is subject to all standard terms, conditions, and restrictions applicable to the Prize on the day of issuance.
VERIFICATION OF ENTRIES AND IDENTITY: In order to ensure the eligibility of Winners, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying your age, address, and identity. Where we are unable to verify this information through third party checks, we reserve the right to ask you for proof of age, identity, and residents satisfactory to huupe in our sole discretion. If we are unable to confirm that you are of the require age to win the DPC in your jurisdiction, then the Prize will not be paid out until satisfactory proof of age, identity, or location is provided.
huupe also maintains strict compliance with laws, regulations, and guidelines for the prevention of money laundering and the funding of terrorism. While huupe is not directly subject to the U.S. Bank Secrecy Act, the Company may investigate suspicious transactions on the application, and huupe’s discretion, suspicious transactions may be reported to competent authorities. You are advised that huupe is prohibited from disclosing to You that an investigation is being, or may be, undertaken, or that information has been, or may have been, disclosed by huupe to the competent authorities and/or third party payment processors and banking partners. Without derogating from the above, in the event of suspicious transactions, huupe may suspend, block, or close your Account and withhold any H-bucks in the account as shall be required by law and/or by the competent authorities.
RELEASE: By entering the DPC, you hereby certify that you have complied with all the rules of this Promotion and that you have committed no fraud or deception in entering this Promotion or in claiming any Prize. The Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion and receiving the Prize. By entering this Promotion you grant Sponsor Parties the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, your name, portrait, picture, voice, likeness, and biographical information for any purpose, including for advertising and promotional purposes without additional consideration, except for entrants who are Tennessee residents and where prohibited by law.
BY ENTERING THE DPC OR ACCEPTING ANY PRIZE, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND AGREES THAT SPONSOR PARTIES AND ALL OF THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SWEEPSTAKES (COLLECTIVELY, “SPONSOR PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, THE ENTRANT FOR ANY LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING PROPERTY, PERSONAL INJURY OR DEATH DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE RELATED ACTIVITY. SPONSOR PARTIES DISCLAIM ALL WARRANTIES AND THE SELECTED PRIZE WINNERS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD THE SPONSOR PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS OF LIABILITY, LOSS OR DAMAGE, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND ATTORNEY’S DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH THEIR PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE OR USE/MISUSE OF ANY PRIZE AWARDED BY SPONSOR.
THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE RELATED ACTIVITY, REGARDLESS OF LEGAL THEORY, EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE SPONSOR PARTIES IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE RELATED ACTIVITY EXCEED THE AMOUNT OF THE PRIZE.
MISCELLANEOUS: Sponsor Parties are not responsible or liable for any events beyond their control, which may cause the DPC to be stopped, including any game cancellation, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error, filtering or traffic congestion on the internet or at any web site, insufficient space in an entrant’s account to receive messages or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this giveaway or downloading any materials in the DPC. If, for any reason, the DPC is not capable of being conducted as planned, including due to tampering, unauthorized intervention, typographical errors, technical failures, fraud, low participation, or any other causes beyond the reasonable control of Sponsor Parties that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the DPC, Sponsor Parties reserve the right at their sole discretion to cancel, terminate, modify, or suspend the DPC. Sponsor Parties reserve the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the DPC or to be acting in violation of these Official Rules or any other component of the game, or in an unsportsmanlike or disruptive manner. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” ANY ACT OR ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE DPC IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ACT OR ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ACT OR ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
SPONSOR AND WHO WON: The DPC is Sponsored by huupe Inc. To find out who won the DPC each day, email info@huupe.com specifying which contest date You are seeking the result from. Requests received more than 30 business days after the end of the DPC will not be honored. Each request must be for a singular date of the DPC.
NAME REMOVAL: By entering this Promotion, you recognize and agree that the use of your contact information, and any other information collected is subject to Sponsor's Privacy Policy, which is available at:https://huupe.com/pages/huupe-privacy-policy. IF YOU DO NOT WISH TO RECEIVE AND WOULD LIKE TO BE REMOVED FROM SUBSEQUENT MAILINGS REGARDING GAMES OR PROMOTIONS SPONSORED BY THE SPONSOR, CONTACT THE SPONSOR AT THE POSTAL ADDRESS ABOVE.
The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.
Return Policy
huupe has a 30 day return policy for all products. Proof of purchase is required for any warranty claims and return claims submitted. Without a copy of the original sales receipt or valid proof of purchase, you are not eligible for any warranty claims, returns or refunds.
In order to obtain a refund or replacement product, sometimes photos of damages may suffice. Other times, you may be required to mail the product back to huupe. Should we request that you send your basketball back to us, we will provide shipping labels free of charge to you.
If you are not satisfied with your product, you can request a return within 30 days after the order was placed.
huupe's return guarantee doesn’t cover ordinary wear and tear or damage caused by improper use or accidents subject to the terms of our product warranty above.
huupe reserves the right to charge customers a return shipping fee for any return.
For the huupe PRO, we do not offer a refund for any shipping or delivery charges that you may have paid to receive your huupe. Returns will be charged an additional return shipping for the huupe PRO.
If your huupe products are returned in damaged condition, with missing parts, or otherwise has signs of abuse, huupe reserves the right to refuse a refund or to charge additional restocking fees and replacement fees of those missing/damaged parts.
CONTACT US
Please contact us at info@huupe.com if you have any questions regarding these Terms and Conditions.
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