Terms of Conditions
Terms and Conditions
Please read these Terms and Conditions (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and huupe inc. (“huupe” or “we” or “us” or “Company”) concerning your use of (including any access to) the online services that huupe makes available for use through the basketball and exercise equipment that it makes available, and any mobile app(s) that huupe makes available for use in connection with such equipment (the “App”) (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.
Pre-Order Terms and Conditions
Thank you all so much for placing your Pre-Orders for the huupe. These Pre-Orders help us begin our manufacturing process. You are our very first customers and we can’t thank you enough. You make huupe possible.
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of Pre-Orders with huupe inc. (the “Company”) for the huupe (a full-sized smart basketball hoop for indoor and/or outdoor use). By submitting your Pre-Order, you agree to be legally bound by these terms.
Product Terms and Conditions
a. Normal wear and tear, misuse, accident, neglect, abuse, alteration, unusual stress or modification
b. Damage from acts of God, which include, but are not limited to, flooding, hail, tornadoes, hurricanes, and lightning.
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.
8. Rules of Conduct. In connection with the Service, you must not:
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.
11. Memberships. Certain features, content, functionalities and other aspects of the Services may be available only through a program (the “Membership Program”) for users with a valid membership. The fee for the Membership Program (the “Membership Fee”) is currently $29.99 USD per month plus any applicable taxes, and is non-refundable. huupe may, in its sole and absolute discretion, change the Membership Fee from time to time.
An initial Membership Program term of one year is required with each purchase of a huupe device, except devices in multi-residence households as described below. The Membership Fee is payable on a monthly basis. After the initial one-year term, 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 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 media@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.
12. 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 device.
13. 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, 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.
14. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) 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).
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).
19. 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.
20. Limitation of Liability. To the fullest extent permitted under applicable law: (a) huupe will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, huupe will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith, or from huupe’s termination of this Agreement; (c) your sole and exclusive remedy for dissatisfaction with the Service or any Products or Third Party Materials is to stop using the Service; and (d) the maximum aggregate liability of huupe for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (a) the total amount, if any, paid by you to huupe to use the Service within the twelve (12) months preceding the date of the applicable claim; and (b) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both huupe and the Affiliated Entities, and their respective successors and assigns.
21. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless huupe and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Service (including all Submissions) by you, your Additional Users, and/or any other person who uses the Service through you or your huupe device; and (b) any violation or alleged violation of this Agreement by you.
22. 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.
23. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and huupe, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that huupe and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
26. 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.
27. 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.
28. 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.
29. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Our installation team will deliver and install your huupe at a location of your choosing. huupe requires professional installation performed by authorized Installers—we do not support self installation.
Optimal Use:
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.
Return Policy
If you are not satisfied with your huupe, you can request a return within 30 days after your delivery.
huupe’s guarantee doesn’t cover ordinary wear and tear or damage caused by improper use or accidents subject to the terms of our product warranty.
Because of the size and weight of our fitness products, 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 fee of $250 or more depending on your location.
If your huupe is 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, at huupe’s sole discretion.
If your huupe is returned in damaged condition or with missing parts, you may be charged an additional restocking fee.
CONTACT US
Please contact us at media@huupe.com if you have any questions regarding these Terms and Conditions.
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Thank you. We cannot wait to huupe with you!
Sincerely,
Team huupe
Service © 2019–2024 huupe inc., unless otherwise noted. All rights reserved.