Agreement between User and Noble Strong® Training LLC

Welcome to www.noblestrong.com. The www.noblestrong.com website (the "Site") is comprised of various web pages operated by Noble Strong Training LLC ("Noble Strong Training"). www.noblestrong.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Noble Strong Training LLC services and products and the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

 

www.noblestrong.com is an E-Commerce Site.

 

The purpose of the website is to provide services and products for sale. These services and products include but are not limited to Basketball Academy subscriptions, Novice Training subscriptions, Jump Into Success subscriptions, Pro Wide Receiver subscriptions, Camps, Apparel, Coaching, One-on-One training, and anything else provided by Noble Strong Training and its subsidiaries, partners, and affiliates.

 

Electronic Communications

Visiting www.noblestrong.com or sending emails to Noble Strong Training constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

Noble Strong Training collects personally identifiable information from children under the age of thirteen. Noble Strong Training collects this information for the following reason(s):

 

First and Last names are collected for enrollment.

 

A physical address is collected for communication with the parent or legal guardian.

 

A phone number of a parent or legal guardian is collected for training communication and emergency contact.

   

Photo, video, and audio are collected for marketing and media purposes of training only and testimonials.

 

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.noblestrong.com only with the permission of a parent or guardian.

 

General Enrollment Policy

For monthly programs, i.e. Basketball Academy and Novice Training, enrollment is non-transferable.  The enrollment period begins on the 15th of every month.  Payment will be due at that time. A renewal notice/invoice will be sent one week before the payment due date.  The registration fee may be pro-rated to coincide with the number of sessions remaining within the enrollment period.  

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Full monthly payment is due upon registration, regardless of the registration date.  The pro-rated enrollment fee will be calculated and charged for the second month of enrollment.  Every month following will be the full month-to-month payment.  

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Cancellation/Refund Policy

You may cancel your monthly enrollment at any time. All cancellations must be made at least 5 business days prior to the due date of the monthly enrollment. We do not offer refunds of any kind. Private training cancellations must be made at least 1 hour prior to the session. All cancellations made within 1 hour of the session are not subject to refunds or rescheduling. Cancellations can be sent to info@noblestrong.com.  All monthly enrollment cancellations must be sent to info@noblestrong.com.

 

Links to Third Party Sites/Third Party Services

www.noblestrong.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Noble Strong Training and Noble Strong Training is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Noble Strong Training is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Noble Strong Training of the site or any association with its operators.

 

Certain services made available via www.noblestrong.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.noblestrong.com domain, you hereby acknowledge and consent that Noble Strong Training may share such information and data with any third party with whom Noble Strong Training has a contractual relationship to provide the requested product, service or functionality on behalf of www.noblestrong.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.noblestrong.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Noble Strong Training that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Noble Strong Training or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Noble Strong Training content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Noble Strong Training and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Noble Strong Training or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by Noble Strong Training from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Noble Strong Training Content accessed through www.noblestrong.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Noble Strong Training, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Noble Strong Training reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Noble Strong Training in asserting any available defenses.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Noble Strong Training agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOBLE STRONG TRAINING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

NOBLE STRONG TRAINING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOBLE STRONG TRAINING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOBLE STRONG TRAINING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOBLE STRONG TRAINING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Noble Strong Training reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Noble Strong Training as a result of this agreement or use of the Site. Noble Strong Training's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Noble Strong Training's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Noble Strong Training with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Noble Strong Training with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Noble Strong Training with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Noble Strong Training reserves the right, in its sole discretion, to change the Terms under which www.noblestrong.com is offered. The most current version of the Terms will supersede all previous versions. Noble Strong Training encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Noble Strong Training welcomes your questions or comments regarding the Terms:

 

Noble Strong Training LLC | 1050 Fisk Ave SE | Grand Rapids, Michigan 49506 | info@noblestrong.com | 877-298-8096

 

Effective as of March 01, 2015