TERMS & CONDITIONS
- ONLINE WEBSITE TERMS - By agreeing to these Terms and Conditions, one represents that one is at least the age of majority in one’s state or province of residence, or that one is the age of majority in one’s state or province of residence and one has given us one’s consent to allow any of one’s minor dependents to use this site. One may not use our products for any illegal or unauthorized purpose nor may one, in the use of the service, violate any laws in one’s jurisdiction (including but not limited to copyright laws). One must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of one’s services.
GENERAL CONDITIONS - We reserve the right to refuse service to anyone for any reason at any time. One understands that one’s content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. One agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION - We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at one’s own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for one’s reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. One agree that it is one’s responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES - Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to one or to any third-party for any modification, price change, suspension or discontinuance of the service.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION - We reserve the right to refuse any order one places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify one by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed unfaithfully or unlawfully. One agrees to provide current, complete and accurate purchase and account information for all purchases made at our website. One agree to promptly update one’s account and other information, including one’s email address and credit card numbers and expiration dates, so that we can complete one’s transactions and contact one as needed.
- THIRD-PARTY LINKS - Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct one to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure one understand them before one engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.
- ERRORS, INACCURACIES AND OMISSIONS - Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
- PROHIBITED USES - In addition to other prohibitions as set forth in the Terms and Conditions, one are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate one’s use of the service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY - We do not guarantee, represent or warrant that one’s use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. One expressly agrees that one’s use of, or inability to use, the service is at one’s sole risk. The service and all products and services delivered to one through the service are (except as expressly stated by us) provided 'as is' and 'as available' for one’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement. In no case shall The New Jersey Rising Rebels, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from one’s use of any of the service or any products procured using the service, or for any other claim related in any way to one’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- REFUND POLICY - All initial team deposits are non-refundable. The only exception will be IF the player does not make their respective high school team and/or the lack of ability by us to field a full active team for the player.
- INDEMNIFICATION - One agrees to indemnify, defend and hold harmless The New York Rising Rebels and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of one’s breach of these Terms and Conditions or the documents they incorporate by reference, or one’s violation of any law or the rights of a third-party.
- SEVERABILITY - In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- TERMINATION - The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either one or us. One may terminate these Terms and Conditions at any time by notifying us that one no longer wish to use our services, or when one cease using our site. If in our sole judgement one fail, or we suspect that one have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and one will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny one access to our service (or any part thereof).
- ENTIRE AGREEMENT - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The service constitutes the entire agreement and understanding between one and us and govern one’s use of the services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between one and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. We, the registrant and the registrant's legal parent or guardian, hereby agree and acknowledge the following: (1) We agree to abide by the rules of the Rising Rebels Club and its affiliated organizations and sponsors. (2) We recognize the inherent risk of serious or permanent physical injury and possible death associated with youth basketball activities and games. In consideration for the Rising Rebels AAU Club accepting the youth player's registration and participation in its sanctioned youth basketball leagues, tournaments and team travel activities (“Youth Programs”), we hereby release, discharge and/or otherwise indemnify and hold harmless the Rising Rebels AAU Club, its affiliated organizations and sponsors, volunteers, their employees and associated personnel, including the owners of courts, fields and facilities utilized for the Youth Programs, against any claim, lawsuit or written demand, including but not limited to any claims for personal or physical injury or death, by or on behalf of the registrant as a result of the registrant's participation in the Youth Programs and/or being transported to or from the same, which transportation we hereby authorize. (3) We authorize verification of the registrant's date of birth from legal records to be provided to a Rising Rebels Club authorized representative for the limited purpose of verifying the Rising Rebels Club player's age and identity. (4) We consent to emergency medical care prescribed by a duly licensed Health Care Provider or Dentist. This care may be given under whatever conditions are necessary to preserve the life, limb or registrant's well-being and we hereby agree to be financially responsible for all costs associated with such treatment. (5) We consent to the Rising Rebels Club taking photographs, video recordings, and/or sound recordings in documenting the activities of the Rising Rebels Club programs and services. We hereby grant the Rising Rebels Club and their affiliates' permission to use the negatives, prints, motion pictures, video/audio tapings, or any other reproduction of the same for Rising Rebels Club and its affiliates' educational and promotional purposes in manuals, on flyers, the internet, or other publications. We have read this release and waiver of liability and fully understand its terms. We understand that we waive substantial rights by signing this form. We agree to waive all such rights above including the right to file a legal action or assert a claim for personal or physical injury or death of any kind. We sign this release form freely of our own free will.
- ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19 - The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
- NY Rising Rebels Basketball Program has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you, your child(ren), or family members who visit our facility will not become infected with COVID-19. Further, attending All Star Basketball could increase your risk, your child(ren)’s risk, and your family's risk of contracting COVID-19.
- By Registering your child, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren), my family, and I may be exposed to or infected by COVID-19 by attending NY Rising Rebels Basketball and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at NY Rising Rebels Basketball may result from the actions, omissions, or negligence of myself and others, including, but not limited to, NY Rising Rebels employees, volunteers, and program participants and their families.
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), family or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at NY Rising Rebels Basketball or participation in NY Rising Rebels Basketball programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless NY Rising Rebels Basketball, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence NY Rising Rebels Basketball, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of our programs.