Terms & Conditions
These Terms & Conditions (“Agreement”) govern your use of the digital products and services provided by Nick Aldiero Basketball LLC ("Company", "we", "us", "our"). By purchasing, accessing, or using any of our digital products, including online basketball skill development programs, you (“Customer” or “You”) agree to comply with and be bound by the following terms. Please read this Agreement carefully before purchasing or using any products.
1. No Refund Policy
By purchasing any digital products from the Company, you acknowledge that all sales are final. Due to the nature of digital products, NO REFUNDS will be provided for any reason, including but not limited to dissatisfaction with the product, technical issues, or failure to use the product. You expressly agree that once a purchase is made, you waive any right to request a refund, chargeback, or dispute the charge through any payment processor, including Stripe.
2. License and Use of Content
Upon purchase, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the digital products for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, publicly display, perform, or create derivative works of our content without express written permission from the Company.
3. Intellectual Property Rights
All digital products, including but not limited to videos, written materials, images, and any associated content (collectively “Content”), are the sole intellectual property of Nick Aldiero Basketball LLC. You agree that all copyrights, trademarks, and other intellectual property rights in the Content are owned by the Company, and you may not claim any rights to the Content other than as provided under this Agreement.
4. Unauthorized Use
You agree not to share, resell, or distribute the digital products or access to the products to any third party. Any unauthorized use of the Content will be pursued to the fullest extent of the law, and you will be liable for any damages resulting from such use, including legal fees.
5. No Guarantees
The Company does not guarantee any specific outcomes or results from using our digital products. Basketball skill development results may vary depending on individual effort, ability, and external factors. You acknowledge that the Company makes no representations or warranties regarding the effectiveness or suitability of its products.
6. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our digital products. In no event shall the Company’s total liability exceed the amount paid by you for the product.
7. Indemnification
You agree to indemnify, defend, and hold harmless Nick Aldiero Basketball LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising from your use of the digital products, your violation of this Agreement, or your violation of any rights of a third party.
8. Payment and Billing
All payments made through our website are processed securely through Stripe or any other payment gateway we may use. You agree that by purchasing a digital product, you authorize the Company to charge your payment method for the full amount of the product at the time of purchase. You further agree not to initiate any chargebacks or payment disputes with Stripe or your payment provider.
9. Dispute Resolution
Any disputes arising out of or relating to this Agreement or your use of our digital products will be resolved through binding arbitration conducted in New Jersey, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or class action lawsuit. In the event of any legal action to enforce this Agreement, the prevailing party will be entitled to recover its legal fees and costs.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any legal action or proceeding related to this Agreement shall be brought exclusively in the courts located in New Jersey
11. Amendments and Modifications
The Company reserves the right to amend or modify these Terms & Conditions at any time without prior notice. It is your responsibility to review these Terms & Conditions periodically to stay informed of updates. Continued use of the digital products following any changes constitutes your acceptance of the revised Agreement.
12. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and Nick Aldiero Basketball LLC regarding your purchase and use of our digital products and supersedes any prior agreements, understandings, or representations.
Terms & Conditions
Effective Date: [September 16, 2024]
