Terms And Conditions

Last updated: December 27, 2018

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with hoop-light.com website (the "Service") operated by HoopLight™ ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

 

Warranty

It is the owner’s responsibility to thoroughly read and understand the Instructions. Regardless of the length of the warranty, HoopLight™, does not infer that its products will last forever or cannot be broken. All HoopLight™ products have a finite, limited useful product life cycle. The length of this useful life cycle will vary by environment, weather conditions, playing frequency, handling, and type of use the HoopLight™ product is subjected to. A worn out HoopLight™ product does not indicate it is warrantable, rather that the HoopLight™ product has outlived (exceeded) its useful product cycle.

 

HoopLight™, warrants HoopLight™ products against defects in material and workmanship, subject to the following limitations, terms, and conditions:

 

Warranty length is 90 days.

 

  1. This warranty only applies to the original retail purchaser and is not
  2. HoopLight’s sole obligation during the acceptable duration of this warranty is, At HoopLight's Option, to repair or replace the product with a current item that is equivalent in construction, design, or
  3. HoopLight’s liability under this limited warranty shall never exceed the amount of the original

 

TO OBTAIN SERVICE UNDER THIS WARRANTY, YOU MUST:

  1. Return your HoopLight™ to our office address - 1945 Ferndale V8N 2Y4 Victoria, BC, Canada. A HoopLight™ that has had components removed or tampered with, cannot be evaluated or warranted.
  2. Provide proof of purchase, including but not limited to the retail bill of sale, your credit or debit card receipt, or other satisfactory proof of the date of

 

THIS WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE DUE TO:

  1. Accidents, alteration, abuse,
  2. Material fatigue, normal wear and
  3. Improper installation
  4. Water damage from improper replacement of batteries
  1. Wire damage from improper use and

 

THIS WARRANTY ALSO EXCLUDES:

  1. HoopLight™ products, which have been repaired, repainted, or have had the original product altered in
  2. Wires that have been stretched and/or disconnected from their sockets, can be a sign of misuse or abuse and are not covered under this
  3. Personal product freight costs to or from
  4. Any additional costs associated with the incompatibility of the existing product and any future product These costs are the responsibility of the consumer.

 

This warranty is expressly in lieu of all other warranties, and any implied warranties of merchantability or fitness for a particular purpose created hereby, are limited to the same duration as the express warranty herein. HoopLight™ shall not be liable for any incidental or consequential damages. Retailers and wholesale outlets for HoopLight™ products are not authorized to modify this warranty in any way. This warranty gives the original owner specific legal rights.

 

Complete parts are included with each HoopLight™ product but are not necessarily shown in photographs. All HoopLight™ products are covered under warranty. HoopLight™ specifications are subject to change without prior notice. HoopLight™ is a registered trademark of the HoopLight™. HoopLights are distributed by HoopLight™.

 

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HoopLight™ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting HoopLight™ customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide HoopLight™ with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize HoopLight™ to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, HoopLight™ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Free Trial

HoopLight™ may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by HoopLight™ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, HoopLight™ reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

HoopLight™, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

HoopLight™ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Except when required by law, paid Subscription fees are non-refundable.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of HoopLight™ and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of HoopLight™ or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

 

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by HoopLight™.

HoopLight™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HoopLight™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Indemnification

You agree to indemnify, defend and hold harmless HoopLight™, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

 

Limitation Of Liability

HoopLight™, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer And Non-Waiver of Rights

HoopLight™ makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

HoopLight™ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and HoopLight™ chooses not to immediately act, or chooses not to act at all, HoopLight™ will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. HoopLight™ does not waive any of its rights. HoopLight™ shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

 

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

 

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us – info@hoop-light.com