 |
|
|
|
|
|
|
|||||||
 |
|
||||||||||||
 |
|
||||||||||||
 |
|
||||||||||||
|
|
||||||||||||
Terms Of Service, Conditions of Use, and Other Policies
Section 1:
Introduction
Welcome to the internet site of betterbasketball.com, which is owned and operated by Better Basketball, Inc. (referred to herein as "we," "us," "our," "The Site," "Better Basketball," or "BB").
Please read these terms and conditions of use carefully before using our site or purchasing our products. By using this site and then purchasing our products via this site, or by mail, or by phone, you hereby signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use betterbasketball.com or purchase our products. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the site following the posting of changes to these terms will mean you accept those changes. The last modification date was: Feb 11, 2008. Please contact us for a previous version of terms.
Privacy
To understand our privacy practices, please click here to review our Privacy Notice, which also governs your visit to The Site.
Release of Liability
By entering this site, you hereby release and discharge Better Basketball, Inc., it's employees, owners, affiliates, presenters, producers, contributors and participants of the materials contained herein from any and all liability, claims, demands or causes of action that you may have for injuries and/or damages arising out of the activities or information contained herein and within our products.
Section 2:
Terms Governing Your Purchase of the Better Basketball Videos (whether in DVD or VHS form)
Protecting Against Fraud, Shipping Delays
We reserve the right to delay shipment on any order we deem as potentially fraudulent. To ensure we do not delay your shipment, please provide us with a phone number and email address when you order, so that we may quickly contact you to investigate your order if we deem such necessary.
If you do not provide us with both a phone number and email address, we reserve the right to delay shipment of your order until we can verify it is a legitimate order either with your credit card company, or by hearing from you, or both.
If this intentional delay occurs with your order, you may not cancel your order as a result, or receive a refund on your shipping cost, or be upgraded to a faster shipping method for free. This delay is for the protection of your funds, and you can ensure a delay does not occur by providing us with a phone number and email address.
Problems Resulting From Mailing Delays
All of our shipments going to destinations within the 50 US states, Puerto Rico, or Guam, are sent with a delivery confirmation number provided by the United States Postal Service. This is not a tracking number as it does not necessarily update along the route. Rather, it updates only when the package has actually been delivered to its final destination.
If a customer orders from within the continental United States and chooses regular mail as their shipping option, average shipping time is 10-14 days from the date of purchase. Maximum shipping time is 21 days. If a customer choose priority mail, 3 business days is average shipping time, 4 business days is maximum shipping time.
After the allotted maximum times listed above, if the customer has notified Better Basketball that their order has not been received and the confirmation number does not show the order as having been delivered, Better Basketball will send a replacement order at BB’s expense. This replacement order should arrive within 10 days. If this replacement order does not arrive within 10 days according to the USPS.com delivery confirmation number, the customer may cancel the order and receive a full refund.
If any original shipment does not arrive, and a second shipment must be made to the customer, the second shipment to the customer will be sent by regular mail, not priority mail, regardless of the speed of the customer's original order.
For customers outside the United States, shipping time varies between one week and four weeks. For international orders, we reserve the right not to reship a video before the four week mark.
Incorrect Information Submitted by Customers Resulting in Undelivered Shipments
If a customer submits to Better Basketball an incomplete or otherwise incorrect address when placing an order for videos, and the customer's order fails to arrive, the customer is responsible for paying the costs of another order to be shipped. This will include the shipping fee ($5.95 domestic regular mail, $9.94 domestic priority mail, $15.95 international) plus $5 per VHS or DVD that is lost.
However, if the postal service returns the lost package to Better Basketball, the $5 per VHS or DVD will be returned to the customer.
Foreign Types of Video Format
The DVDs we carry can be used by customers in all countries, although with some very old DVD players, they must be played on a computer, not in a DVD player.
The common VHS format in the United States is NTSC. The common VHS format throughout much of the world is PAL. BB carries both formats at the same price (We do not carry SECAM, a third, less common video format). If a customer orders VHS, BB ships the standard format of the customer's country to the customer. If the billing and shipping address are different countries, we will ship the VHS format of the shipping address. However, if the customer requests a VHS format different from his county's common format, his/her request supercedes his country's common format. We must receive his/her request for an alternate VHS format in writing, before shipment occurs.
Better Basketball Products Not for Resale
The Better Basketball DVDs or VHS tapes may not be resold, unless a re-seller has written permission from Better Basketball, Inc. Written permission for resale is only granted to authorized distributors who sign written contracts with us. Please contact us if you wish to become an authorized distributor. Please do not purchase Better Basketball products if you are going to resell them.
Payment Policies
We wait one week for checks to clear before sending out orders paid by check.
Better Basketball accepts payment by credit card, debit card, cash, check, or money order. Please make checks or money orders payable to "Better Basketball." Credit cards will be billed as such. There is a $20 fee for any customer who sends us a check that "bounces." If cash is sent in the mail, we accept no liability whatsoever if we do not receive the cash for any reason.
Product Descriptions
BB attempts to be as accurate as possible in describing our products. However, BB does not warrant that product descriptions or other content of this site is indisputable or error-free. If you purchase a product from BB and prove that the product was not as we described it by objective standards, your sole remedy is to return it. After we receive the returned product, we will issue you a full refund, minus the shipping and handling cost.
Cracked, Broken, or Otherwise Defective Videos
Better Basketball will replace, at our expense, any defective, broken, or otherwise damaged VHS or DVD free of charge within 14 days of the date you, the customer, receive the product. We reserve the right to ask you, the customer, to send the defective VHS or DVD back to us, at your expense, as proof that the VHS or DVD was defective or broken. In this scenario, we reserve the right to not send you a replacement video until the original broken video has been received by us. After 14 days, BB reserves the right to charge you, the customer, to replace broken VHS videos or DVDs.
Return Policy (Policies on Cancelled and Returned Orders)
1) Once a credit card is processed by Better Basketball at the request of a customer, the customer has entered into a contract to purchase the product.
2) Once a VHS or DVD has been opened (meaning its wrap has been removed or otherwise tampered with), we will not accept a return of the product except for reasons specifically noted in these Terms. In order for a customer's money to be returned, the customer must ship the product(s) (at the customer's expense) back to Better Basketball. The product(s) must arrive at Better Basketball in excellent condition, including un-tampered original shrink-wrap, for money to be returned to the customer. We will not refund a customer's money until we receive the product, so please ship it back to us with a tracking number.
3) Products must be returned within 60 days of the original order date. After 60 days, returns will not be granted. (The only exception to this term is the guarantee on Better Shooting, please see below.)
4) All cancelled or returned orders will be subject to a 15% restocking fee. (A restocking fee is a common policy among mail order and direct response companies.) This restocking fee will be charged to any customer who cancels their order at any time after their credit card order has been submitted or any type of payment has been processed, not just after an order has been shipped. This restocking fee is used to cover various costs such as shipping, processing the order, packing the order, credit card merchant fees, order taking costs, etc.
5) Our shipping and handling fee will not be returned, so the 15% restocking fee will be calculated after the shipping fee has been deducted from the purchase price.
As stated in some advertising, BB offers a money back performance based guarantee in conjunction with the sale of the video Better Shooting. There is no performance guarantee on our other products. The reason for this discrepancy is that while shooting provides a way to measure results (shooting percentage) the subjects of our other products do not lend themselves to be objectively determined. And so improvement is impossible to "measure" with these other subjects. With that said, BB has had five total complaints about any aspect of our videos’ content in our company's storied history, meaning our satisfaction percentage is well over 99.9%. (We update this percentage on a quarterly basis, last updated 1/1/2007). The BB staff is dedicated to making the most detailed, easy to understand, and advanced basketball instructional videos in the world. We firmly believe in and stand behind the competency of our products.
If a customer wishes to return Better Shooting, the following terms will apply: Better Shooting may not be returned for at least sixty days after the date the video was received by the customer, as becoming a better shooter often takes two months, perhaps longer. In addition, the customer must notify BB in writing (by email, fax, or letter) that the video is going to be returned, and must have confirmation from BB before returning the video. The video and its case must be returned in near perfect condition. If all of these conditions are met, BB will refund the purchase price of the video but not the shipping and handling fee(s). The cost for shipping the video and its packaging back to BB must be paid by the customer.
Section 3: Other Policies
Electronic Communications
When you visit betterbasketball.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, images, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Better Basketball, Inc. or its content providers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BB and protected by U.S. and international copyright laws. All software used on this site is the property of BB or its software suppliers and protected by United States and international copyright laws.
In addition, all seven (7) of the Better Basketball videos have been copyrighted by the United States government, and are protected by United States and international copyright laws. Please do not copy, share, upload, or make available for download any of the Better Basketball videos, in any form.
BB respects the intellectual property rights of others, and asks you to do the same. BB may, in appropriate circumstances and at its discretion, terminate access and use of this Web Site and its content to anyone who infringes the intellectual property rights of others. If you believe that your work has been posted or stored on this Web Site or linked to and is without authorization, please notify us, and we will work to remove the infringed content in a timely manner.
License and Site Access
BB grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BB. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BB. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Site and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BB's name or trademarks without the express written consent of BB. Any unauthorized use terminates the permission or license granted by BB. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray the site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BB logo or other proprietary graphic or trademark as part of the link without express written permission.
Applicable Law
By visiting The Site and/or purchasing our products, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BB.
Any dispute relating in any way to your visit to BB or to products you purchase through BB shall be submitted to confidential arbitration in Dekalb County, Georgia, except that, to the extent you have in any manner violated or threatened to violate BB's intellectual property rights, BB may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or the BB products. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you, if any, for purchasing the BB products.