Terms of service

TERMS AND CONDITIONS OF USE

Last updated: February 20, 2025

The following terms and conditions of use (the “Terms” or "TOU"), together with any documents they incorporate by reference, including our Privacy Policy, govern your access to and use of our website at getHoopDee.com (the “Site”) and the HoopDee app (the “App”) (collectively, the “Services”).  The Services is offered to those who are at least 18 years of age or older. Please read this TOU and our Privacy Policy carefully as it constitutes a legally binding agreement between HoopDee, Inc (referred to generally herein as, "Company" or “we” or “us”) and you ("You" or “Your”) for access to and use of our Services and any content, functionality or features offered on or through it.  

Your Acceptance of These Terms of Use.

By (1) using the Services, or (2) CLICKING "I AGREE" BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO AND ACCEPT THE TOU. IF YOU DO NOT AGREE WITH THESE TOU, OR DO NOT MEET THE REQUIREMENTS, YOU MUST NOT ACCEPT THESE TOU AND MAY NOT USE OUR SERVICES.  

Changes to These Terms of Use.

We reserve the right to change these Terms at any time without notice to You.  Changes to the Terms are effective immediately upon posting on the Services.  You are encouraged to and responsible for checking these Terms from time to time for any updates and changes.  Your continued use of the Services following the posting of such changes constitutes your acceptance of such changes.

No modification to the TOU by any party other than us shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of HoopDee, Inc.

Access to the Services.

a. Subject to your compliance with the TOU, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services in accordance with these Terms. We will use commercially reasonable efforts to provide you with access to and use of the Services.      

b. We reserve the right to withdraw or amend access to, change, upgrade or discontinue the Services or any feature of the Services at any time, with or without notice or liability to you. We will not be liable if for any reason the Services (or any part of it) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services. 

You are responsible for making all arrangements necessary for you to have access to the Services, including internet access. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms, and that they comply with them in full.

Acceptable Use of the Services.

You must comply with applicable law or regulation in connection with your use of the Services.  By accessing and using the Services, you confirm that (i) your use of the Services does not breach any applicable law or regulation; and (ii) unless otherwise authorized by us in writing, your use of the Services is for your own personal and non-commercial purposes only.

You shall not, and will not permit any User or other person to:   

  1. copy, reproduce, share, disclose, publicly perform, reverse engineer, disassemble, decompile, decode, modify, create derivative works of or translate the Services, in whole or in part, except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security; 

  2. rent, lease, lend, sell, sublicense, assign, distribute, publish or republish, transfer or, otherwise make available the Services to any other person, including on or in connection with the internet or any time-sharing, service bureau, software-as-a-service, cloud or other commercial activity for use by third parties or permit the Services or any part of it to be combined with, or become incorporated in, any other programs; 

  3. bypass or breach any security device or protection used by the Services other than by your access credentials, and will not access the Services by any means other than through interfaces expressly authorized by Us and these TOU; 

  4. input, upload, transmit or otherwise provide to or through the Services any information or materials that are unlawful or injurious, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another person’s privacy, promote illegal activities, or contain, transmit or activate any harmful code (including but not limited to a virus or any other code or files or programs with the ability to interrupt, destroy or compromise or otherwise limit the functionality of the Services or any computer software or hardware or system or telephonic equipment); 

  5. damage, destroy, disrupt, disable, impair or compromise, scrape content from, impose a disproportionate load on or otherwise overburden, interfere with or impede or harm in any manner the Services, our systems, security, or our provision of services to any third party, in whole or in part; 

  6. collect other users' information, solicit login information or access an account belonging to someone else or otherwise access the Services or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Services; 

  7. disclose any other user's personal information without their prior express consent or agreement;

  8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or manipulate any identifiers to disguise the origin of a message;

  9. access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any patent, copyright, trademark or any other intellectual property right (collectively, “Intellectual Property Rights”) or any other right of HoopDee, Inc, our affiliates, or any third party or that violates applicable law or the TOU; or 

  10. delete, cover or alter any watermark, metadata, tracking materials, notices or disclaimers we added to the Services; or

  11. facilitate or encourage any breach by any other party of the TOU (or any part thereof).

You acknowledge that we have no obligation to monitor your access to or use of the Services for breaches of these Terms, or to review or edit any content. However, we reserve the right to do so for any or no reason, including for the purpose of operating and improving the Services (including without limitation for fraud identification and prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body.

We have the right to modify (including modification or deletion of features or functionality) or discontinue the Services or any part thereof at any time and remove from the Services any content or information that we believe violates the TOU.  

Where permitted by law, we reserve the right to investigate, involve and cooperate with appropriate regulatory and/or law enforcement authorities or court order regarding any activities relating to the Services, including the disclosure of the identity or other information of any user.  

We may terminate or suspend your access to all or parts of the Services for any or no reason, including for violating these Terms. We may take appropriate legal action, including and without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS HOOPDEE, INC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.


Account Registration

To access and use the Services, you may be required to provide information about yourself in order to register a user account. You agree that any such information shall be true, accurate, and complete. You may also be asked to choose a user name and password. You are solely responsible for maintaining the confidentiality and security of your account information for the Services.  You shall be responsible for properly using your account information and for the consequences that may result from its disclosure.  You must not share your account information with anyone or use anyone else’s account information.  You will notify us immediately about any actual or suspected unauthorized use of account information and about any actual or suspected breach of security.  You are solely responsible for the accuracy and quality of Your Data and your compliance with applicable laws.  You are entirely responsible for your compliance with this TOU and for all activities using your account information, or that occurs on or through your account, unless and until you notify us of unauthorized access or use.  We reserve the right to disable any user name, password, or other account credentials at any time if we believe you have violated any provisions of these Terms in our sole discretion. As used in these Terms, “Your Data” means any information that you provide to us through use of the Services. 

Intellectual Property.

Ownership.  You acknowledge and agree that the Services and its contents, including all information, text, displays, images, audio and video, software, the design, selection and arrangement (“HoopDee, Inc Content”), are the proprietary and confidential information of HoopDee, Inc and its licensors, and that we and our licensors own all copyrights, trademarks, patents, trade secrets and other proprietary rights in and to the Services and the HoopDee, Inc Content. Nothing in these Terms shall be construed to grant you any right, title or ownership interests in or to the Services and/or the HoopDee, Inc Content. You hereby agree that (i) you have no right, title or license with respect to the Services and the HoopDee, Inc Content except as expressly set forth in these Terms and (2) you will not challenge our and our licensors proprietary rights in and ownership of the Services and/or the HoopDee, Inc Content.  We (or our licensors) retain all ownership and intellectual property rights in and to the Services and/or the HoopDee, Inc Content.  We reserve all rights not expressly granted to you.  Any use of the Services and/or the HoopDee, Inc Content not expressly permitted by the TOU is a breach of these Terms and may violate intellectual property laws or other laws.   

Use of Trademarks. You must not use our or our licensor’s trademarks, including all company names, logos, product and service names, designs and slogans, without our prior written permission.

Equitable Relief. You agree that the breach of these Terms or the infringement or misappropriation of any of our intellectual property or that of our licensors shall cause irreparable injury for which remedies at law will be insufficient and/or difficult to quantify.  Accordingly, we shall have the right to injunctive or equitable relief in any court of competent jurisdiction, without the necessity of posting bond or any other surety.


[Notice and Procedure for Making Claims of Intellectual Property Infringement.

If you believe that your rights under United States or international copyright laws are being violated by any content posted on or transmitted through the Services, or items advertised on the Services, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content.   In order for us to investigate your claim of infringement, you must provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you believe has been infringed;

  • A description of where the material that you claim is infringing is located or identified on the Site; 

  • Your name, address, telephone, number and e-mail address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and

  • A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows: 

By Mail: PO Box

By Email: info@getHoopDee.com

By Phone: (410) 929-4742

Your Purchases.  

When you purchase product(s) through the Services, we may require you to provide information including, the address we should ship the product(s) to, your credit card number, the expiration date of your credit card, and your billing address.

By providing the information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We may use of third-party payment processing or order fulfillment services to help facilitate the your purchase. By submitting your information, you consent to our processing your information for contract fulfillment purposes and grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if we suspect fraud or an unauthorized or illegal transaction, or other reasons.] 


Links to Third Party Websites

The Services may contain links to third party websites, but this does not mean that we sponsor, endorse or authorize those websites, nor does it mean that we are affiliated with the third party website's owners or sponsors. HoopDee, Inc is not responsible for the content or availability of any website or service that is not owned or directly controlled by us. We do not endorse and we are not responsible in any way for any content, advertising, products, services or other materials made available on or through third party websites. Your access and use of third party websites are subject to the terms and conditions of use and other policies contained within each of those websites. Links to other sites are provided for your convenience only, and you access them at your own risk. We may terminate a link to a third party website at any time without notice and without liability to you.


Representations and Warranties.

You represent, warrant and covenant to us that:  (i) you are over the age of eighteen (18); (ii) You own or otherwise have and will have the necessary rights and consents relating to Your Data so that, as received by Us, Your Data does not and will not infringe, misappropriate or otherwise violate any Intellectual Property Rights or any privacy or other rights of any third party or violate any applicable law; (iii) You will maintain the confidentiality of Your password, will not allow any other person or entity to use Your account, and will immediately notify Us of any unauthorized use of Your password or account or any other breach of security; (iv) You will not perform any acts prohibited by these TOU; and (v) You are responsible for all of the acts and omissions of your Representatives to which you allow access to the Services and in no event shall We be responsible for any costs or expenses associated therewith.  


Disclaimer

ACCESSING THE SERVICES AND USE OF THE SERVICES AND HOOPDEE, INC MATERIALS IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING IN WHOLE OR IN PART FROM YOUR USE AND/OR ACCESS TO THE WEBSITE.  WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS, DAMAGE OR DISTRESS CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE ACCESS AND/OR USE OF THIS WEBSITE. THE SERVICES AND HOOPDEE, INC CONTENT AND MATERIALS ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR TRADE PRACTICE. WE DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR YOUR DATA AS IT APPEARS IN THE SERVICES.  WE ALSO DO NOT WARRANT THAT THE SERVICES OR THE RESULTS THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM OR SERVICES, CONFORM TO ANY DEMONSTRATION OR PROMISE BY US, OR BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, FREE FROM HARMFUL CODE OR ERROR-FREE.  YOUR USE OF THE HoopDee, Inc MATERIALS IS AT YOUR OWN RISK.  WE ALSO MAKE NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR MATERIALS THAT MAY BE USED OR PROVIDED FOR USE IN CONNECTION WITH THE SERVICES.   

ANY REFERENCE TO OR DESCRIPTION ON THE WEBSITE OF PRODUCTS, SERVICES OR PUBLICATIONS SHALL NOT BE DEEMED AN ENDORSEMENT OF SUCH PRODUCTS, SERVICES OR PUBLICATIONS. WE DO NOT PROVIDE MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL OR PERSONAL SERVICES. SHOULD MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL, PERSONAL OR EXPERT ADVICE OR OTHER ASSISTANCE BE SOUGHT, THESE SERVICES SHOULD BE OBTAINED FROM A QUALIFIED PROFESSIONAL.


Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL HoopDee, Inc, ITS AFFILIATES, OR ITS AND THEIR LICENSORS, SUB-CONTRACTORS OR CONSULTANTS (COLLECTIVELY, “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOSS OF BUSINESS OR REVENUE OR PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, BREACH OF DATA OR SYSTEM SECURITY,  COST OF PROCUREMENT OF SUBSTITUTE GOODS, DAMAGES RESULTING FROM DELAY OR INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES, OR OTHER SIMILAR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (WHETHER OR NOT THERE IS NEGLIGENCE BY HoopDee, Inc OR ITS REPRESENTATIVES), STRICT LIABILITY AND OTHERWISE, EVEN IF HoopDee, Inc HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, HoopDee, Inc SHALL NOT BE LIABLE FOR ANY DAMAGES OCCASIONED BY THE ACTS OR OMISSIONS, WHETHER INTENTIONAL OR NOT, OF YOU OR OTHERS WHO INPUT OR GENERATE ANY PART OF THE CONTENT INCLUDED IN THE SERVICES.  

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOOPDEE, INC OR ITS REPRESENTATIVES TO YOU UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED FIFTY DOLLARS ($50 USD).  RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.  


Indemnity

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGES, LIABILITY, CLAIM, DEMAND, ACTION, PENALTY, FINE, COST OR EXPENSE, AND ANY AND ALL ATTORNEYS’ FEES AND EXPENSES, INCLUDING COST OF ENFORCEMENT OF THIS PROVISION, DUE TO OR ARISING FROM (I) YOUR USE OF THE SERVICES; (II) YOUR DATA; (III) YOUR BREACH OF THESE TOU; (IV) YOUR VIOLATION OF LAW; AND (V) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; (VI) INFRINGEMENT OF ANY PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AS A RESULT OF THE USE OR AVAILABILITY OF YOUR DATA; THE UNAUTHORIZED USE OF YOUR SERVICES ACCOUNT INFORMATION PRIOR TO NOTIFYING US OF SUCH UNAUTHORIZED USE; (VII) ANY UNAUTHORIZED USE OF THE SERVICES IN WHOLE OR IN PART BY YOU.  YOU AGREE TO ASSIST US, AT YOUR EXPENSE, IN THE DEFENSE OR SETTLEMENT OF ANY CLAIM TO WHICH THIS INDEMNIFICATION OBLIGATION APPLIES.  THE RIGHTS DESCRIBED IN THIS SECTION ARE IN ADDITION TO, AND ARE NOT INTENDED TO LIMIT, ANY OTHER RIGHT OR REMEDY AVAILABLE TO US.


Governing Law; Venue.

The TOU shall be governed in all respects and construed in accordance with the laws of the state of Delaware, without regard to its conflict of laws principles. All disputes arising out of these TOU shall be exclusively brought in the state courts in Sussex County, Delaware or the United States District Court for the District of Sussex County, and You irrevocably submit to the exclusive personal jurisdiction of and exclusive venue in such courts. Each party waives any right to a jury trial in any proceeding arising out of or related to these Terms.  Except for actions for nonpayment or breach of HoopDee, Inc’s Intellectual Proprietary Rights, no action, regardless of form, arising out of or relating to the TOU may be brought by either party more than two (2) years after the cause of action has accrued.


Force Majeure.

HoopDee, Inc shall not be liable for any failure or delay of performance under these TOU resulting from a force majeure event beyond our reasonable control, including, without limitation, natural disasters, pandemics, acts of God, government regulations, war, terrorism, labor disputes, internet or power failures.


Miscellaneous.

Unless HoopDee, Inc specifies otherwise, all notices to Us, including notices of address changes, shall be in writing and given when mailed by certified or nationally recognized overnight mail, unless We specify otherwise, to the attention of info@getHoopDee.com. 

Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Survival. Any provisions of these TOU that by their inherent nature or express terms survive termination or expiration shall so survive termination or expiration of these TOU or the deletion of your user account.

Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HoopDee, Inc regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.