transitionhoops.com Additional Terms of Service
By becoming a Subscriber to the Transition Hoops Report, or by using this site (hereinafter the "Site") you agree to be bound by this additional terms of service. For clarity transitionhoops.com is a "Service" as defined in the Transition Hoops Report Terms of Service. This agreement is subject to change or updated by Transition Hoops Report at any time without notice to you. You can review the most current version of this Agreement at any time.
Payment Obligation and Credit Card Authorization
All Subscription Service fees are non-refundable.
The Subscriber is responsible for paying periodic subscription fees, and hereby authorizes Transition Hoops Report to charge the subscriber's credit card, debit card, or bank account, to pay for the ongoing cost of subscriptions/membership fees via automatic debit. Subscription plans, offerings and length of terms offered may vary by site. Unless specifically stated, subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Subscriber terminates the subscription by phone or in writing at least 48 hours prior to the renewal date. When termination is requested by a Subscriber, there is no refund for any unused portion of the current subscription. Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. Should Subscriber request a refund which is denied for a valid reason under these Terms of Service, and should Subscriber subsequently file a claim against Transition Hoops Report, Transition Hoops Report shall be entitled to collect from Subscriber all costs (including attorneys fees) associated with defending such a claim.
To protect against potential fraud, Transition Hoops Report may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then crediting the same amount back to your credit card or otherwise ceasing the transaction, and also may include asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Transition Hoops Report will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Transition Hoops Report with your credit card information, you authorize Transition Hoops Report to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Free Trial Memberships and Coupons
The Transition Hoops Report occasionally offers promotional free trial memberships to the website. Subscribers that sign up for a free trial membership will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least 48 hours before the end of the trial.
Only one free trial period is allowed per subscriber. Subsequent subscriptions do not qualify for free trials.
Transition Hoops Report may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that Transition Hoops Report may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.
Some sites will occasionally piggyback other free offers with the free trial offer. In this case, the user must actually complete the free trial and be charged one time before they are eligible to receive the additional free offer.
Proprietary Rights in Content on the Site.
A. Transition Hoops Report does not claim any ownership rights in the text, files, images, photos, video, stills, audio, sounds, musical works, works of authorship, or any other materials (collectively "Content") that you may post to the Site Services (Content posted by any Member, "User Content"); provided, however, that User Content shall not include any Content posted by a User that is already owned by Transition Hoops Report or any Transition Hoops Report affiliates. After posting your User Content to the Site Services, as between Transition Hoops Report and you, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose; provided that such User Content is not owned by Transition Hoops Report or its affiliates. By displaying or publishing ("posting") any User Content on or through the Site Services, you hereby grant to Transition Hoops Report and our affiliates, licensees and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, modify, create derivative works based upon, publicly perform, publicly display, reproduce, and distribute such User Content on and through all media formats now known or hereafter devised, (including, without limitation, through the Site or mobile devices), for any and all purposes including, without limitation, promotional, marketing, trade or commercial purposes. Mountain West Hoop Report‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
B. You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the necessary rights, licenses, consents and permissions to grant the license set forth in this Section; and (ii) the posting of your User Content on or through the Site Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person; You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.
C. You acknowledge that when you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
D. The Site Services contain Content of Transition Hoops Report or its licensors ("Transition Hoops Report Content"). Transition Hoops Report Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Transition Hoops Report, Transition Hoops Report owns and retains all rights in the Transition Hoops Report Content and the Site Services. Transition Hoops Report hereby grants you a limited, revocable, non-sublicensable license to use the Transition Hoops Report Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any Transition Hoops Report Content found on this Site you may submit a request for permission to reproduce or distribute such Transition Hoops Report Content by contacting Transition Hoops Report in writing at:
Transition Hoops Report
c/o Business & Legal Affairs,
120 E. 38th Street, Suite 105
Garden City, ID 83714
You are also strictly prohibited from creating works or materials (including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) that derive from or are based on the Transition Hoops Report Content or materials contained on the Site or through the Site Services. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. The only exception to this policy is if Transition Hoops Report provides the material to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright or other rights related thereto, will at all times remain the sole property of Transition Hoops Report.
E. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site or through the Site Services.
A. Transition Hoops Report may delete any User Content that in the sole judgment of Transition Hoops Report violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Transition Hoops Report assumes no responsibility for monitoring the Site Services for inappropriate User Content or conduct. If at any time Transition Hoops Report chooses, in its sole discretion, to monitor the Site Services, Transition Hoops Report nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
B. You are solely responsible for the User Content that you post on or through any of the Site Services. Transition Hoops Report does not endorse and has no control over the Content. Content is not necessarily reviewed by Transition Hoops Report prior to posting and does not necessarily reflect the opinions or policies of Transition Hoops Report. Transition Hoops Report makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.
A. Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Transition Hoops Report assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please send an e-mail directly to firstname.lastname@example.org and include the nature of the misuse and include the URL of the related page in your e-mail.
B. The following, in addition to the Rules of Conduct, is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. Transition Hoops Report reserves the right to investigate and take appropriate legal action against anyone who, in Transition Hoops Report’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the membership of such violators. "Prohibited Content" includes, but is not limited to the following types of Content that, in the sole discretion of Transition Hoops Report:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing unauthorized copies of movies or television series or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); or
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
C. The following, in addition to the Rules of Conduct, is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Transition Hoops Report reserves the right to investigate and take appropriate legal action against anyone who, in Transition Hoops Report's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to any of the following activities:
- spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement or theft of trade secrets.
- covering or obscuring the banner advertisements on your personal profile page, or any Transition Hoops Report page via HTML/CSS or any other means.
- interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services.
- attempting to impersonate another User or person.
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account.
- selling or otherwise transferring your profile.
- using any information obtained from the Site Services in order to harass, abuse, or harm another person.
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose
- using the Site Services in a manner inconsistent with any and all applicable laws and regulations.
D. With respect to the Site’s video player(s), you must not modify, enhance, or otherwise alter in any way any portion of a video player or its underlying technology. This restriction includes disabling or otherwise modifying a video service in a manner that enables Users to view the Content without using the Site’s video player(s). Also, you may not embed the Site’s video player(s) on any website or other location that contains Prohibited Content.
Subscriber must promptly inform Transition Hoops Report of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Transition Hoops Report is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the subscription service.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Subscription Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Rivals will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Subscription Service is a breach of this Agreement and a violation of law.
No warranty is made by Transition Hoops Report regarding any information, services, or products provided through or in connection with the Subscription Service, and Transition Hoops Report hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.
Links to Third Party Sites
Any dealings with third parties (including advertisers) included within the Transition Hoops Report sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Transition Hoops Report shall not be responsible or liable for any part of any such dealings or promotions. By subscribing, registering, or using any of the Transition Hoops Report sites, you agree that you indemnify Transition Hoops Report from any liability whatsoever associated with your dealings with these third parties.
Limitation of Liability
Transition Hoops Report is not obligated to monitor the content on this site. However, with respect to the use of the products and services offered on this site, Transition Hoops Report reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in Transition Hoops Report's sole discretion, without notice at any time.
Transition Hoops Report reserves the right, but is not obligated, to review materials posted to this site and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, Transition Hoops Report reserves the right to terminate your access to any or all of the sites and services at any time without notice for any reason whatsoever. Furthermore, Transition Hoops Report reserves the right to terminate or change any part of the site at any time.
Transition Hoops Report is not obligated to monitor the content on this site. However, with respect to the use of the community facilities mentioned above, Transition Hoops Report reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the site or service, in Transition Hoops Report's sole discretion.
You acknowledge that the community services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. Transition Hoops Report specifically disclaims any liability with regard to the community areas on our site, or the content published by publishers under their publishing agreements, in which they agree that they are fully responsible for the content they post on the site. Forum managers and hosts of the community services, message boards, chat rooms, etc. are not authorized Transition Hoops Report agents or spokespersons, are not able to bind Transition Hoops Report, nor do their views necessarily reflect those of Transition Hoops Report.
The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.
By registering to post on Transition Hoops Report’s message boards, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify transitionhoops.com and their respective officers, agents, partners, employees and subcontractors, and Transition Hoops Report’s publishers from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant Transition Hoops Report the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on this site and/or by using this site, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified Transition Hoops Report (see above) as you have. You agree that you will not hold Mountain West Hoops Report, LLC and their respective officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters on the message boards.
By registering or subscribing on this site, you agree that you are giving explicit consent to Transition Hoops Report to send to you various emails, including marketing emails of various types. You hereby agree that, although Transition Hoops Report may provide methods for opting out of these emails, that these emails are not 'unsolicited emails' or 'spam', and that you will indemnify and hold harmless Transition Hoops Report, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, Transition Hoops Report’s sending of these emails, and/or your receipt thereof.
Your access to and use of this site, and products and services of this site, is at your own risk. Transition Hoops Report, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the this site Network, or such products or services. Transition Hoops Report makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the this site Network, or such products or services. Without limiting the foregoing, Mountain West Hoops Report, LLC AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Transition Hoops REPORT AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The material on the Subscription Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Transition Hoops Report and its publishing partners spend a great deal of time and money to obtain the information appearing on its web sites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Transition Hoops Report web sites, without express written permission from Transition Hoops Report. Subscribers agree that, should they do so, Transition Hoops Report reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
To prevent access by multiple users sharing one account, Transition Hoops Report reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons. Subscriber agrees to notify Transition Hoops Report in advance if their situation calls for use of multiple machines (i.e. student worklab, library, etc.). In addition, if such a scenario exists, subscriber is responsible for logging out appropriately in order to login successfully in another location.
By signing up to post on Transition Hoops Report's message boards, you agree that you will not use the message boards to advertise any product or service, without the express written permission of Transition Hoops Report. You also agree that if you do use the message boards in such a manner, and are subsequently banned or blacklisted from the message boards, and then continue to post such advertising under a new account, you will be liable for damages to Transition Hoops Report in the amount of fair compensation for equivalent advertising frequently sold by Transition Hoops Report to other advertisers, plus Transition Hoops Report costs of collection, including attorneys fees. Due to difficulty in Transition Hoops Report assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on Transition Hoops Report’s ability to prove actual damages in excess of this amount).
By signing up to post on Transition Hoops Report’s message boards, you agree that if Transition Hoops Report blacklists you, you will cease and desist from posting on the message boards. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the message boards in any manner, you will be liable for damages to Transition Hoops Report in the amount of fair compensation for time spent by Transition Hoops Report staff and/or publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in Transition Hoops Report assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on Transition Hoops Report’s ability to prove actual damages in excess of this amount).
Notices by Transition Hoops Report to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.
For answers to questions about your Transition Hoops Report Subscription Services, please visit our FAQ/Help Desk.
All questions that can't be answered at the FAQ/Help Desk should be submitted through the transitionhoops.com Help Form.
This Agreement contains the entire agreement between the Subscriber or user and Transition Hoops Report regarding the use of the services, and supersedes all prior written and oral understandings and writings.
The Agreement shall be governed pursuant to the laws of the State of Idaho. Venue shall be in Ada County, Idaho for any and all cases arising out of the use of the Transition Hoops Report network and/or regarding content published on the Transition Hoops Report network. By using this site, registering on this site, or subscribing to this site, you agree to all of these terms.