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Breakthrough Basketball LLC Terms Of Service, Conditions of Use, and Other Policies

Section 1:

Introduction

Welcome to the internet site of BreakthroughBasketball.com, which is owned and operated by Breakthrough Basketball LLC. (referred to herein as "we," "us," "our," "The Site," "Breakthrough Basketball," or "BTB"). 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 BreakthroughBasketball.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.

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 Breakthrough Basketball LLC., 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 Breakthrough Basketball Videos, Books, & Digital Products (e-videos, e-books, & e-audio) 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 4-14 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 Breakthrough Basketball that their order has not been received and the confirmation number does not show the order as having been delivered, Breakthrough Basketball will send a replacement order at BTB'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 or book before the four week mark.

Incorrect Information Submitted by Customers Resulting in Undelivered Shipments

If a customer submits to Breakthrough Basketball an incomplete or otherwise incorrect address when placing an order for videos or books, 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 ($6.95 standard media mail, $9.95 priority mail, $16.95 international) plus $5 per Book or DVD that is lost.

However, if the postal service returns the lost package to Breakthrough Basketball, the $5 per Book 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.

Breakthrough Basketball Products Not for Resale

The Breakthrough Basketball Books, Digital Products, & DVDs tapes may not be resold, unless a re-seller has written permission from Breakthrough Basketball LLC. 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 Breakthrough 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.

Breakthrough Basketball accepts payment by credit card, debit card, cash, check, or money order. Please make checks or money orders payable to "Breakthrough 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

BTB attempts to be as accurate as possible in describing our products. However, BTB does not warrant that product descriptions or other content of this site is indisputable or error-free. If you purchase a product from BTB 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 & Books

Breakthrough Basketball will replace, at our expense, any defective, broken, or otherwise damaged Book or DVD for 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 Book or DVD back to us, at your expense, as proof that the Book or DVD was defective or broken. In this scenario, we reserve the right to not send you a replacement product until the original broken video or book has been received by us. After 14 days, BTB reserves the right to charge you, the customer, to replace broken Books or DVDs.

If a book or video is determined to be cracked, broken, or otherwise defective, and a second shipment is therefore shipped to the customer, the second shipment will be sent by regular mail, not priority mail, regardless of the speed of the customer's original order.

Return Policy (Policies on Cancelled and Returned Orders)
  1. Once a credit card is processed by Breakthrough Basketball at the request of a customer, the customer has entered into a contract to purchase the product.

  2. Once a Book 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 Breakthrough Basketball. The product(s) must arrive at Breakthrough 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. 4) Our shipping and handling fee will not be returned.

Section 3: Other Policies

Electronic Communications

When you visit BreakthroughBasketball.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 Breakthrough Basketball LLC. 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 BTB and protected by U.S. and international copyright laws. All software used on this site is the property of BTB or its software suppliers and protected by United States and international copyright laws.

In addition, all of the Breakthrough Basketball products 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 Breakthrough Basketball products, in any form.

BTB respects the intellectual property rights of others, and asks you to do the same. BTB 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

BTB 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 BTB. 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 BTB. 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 BTB's name or trademarks without the express written consent of BTB. Any unauthorized use terminates the permission or license granted by BTB. 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 BTB 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 Iowa, 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 BTB.

Disputes

Any dispute relating in any way to your visit to BTB or to products you purchase through BTB shall be submitted to confidential arbitration in Linn County, Iowa, except that, to the extent you have in any manner violated or threatened to violate BTB's intellectual property rights, BTB 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 BTB 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 BTB products.

How to Contact Us:

If at any time, you have questions or concerns, please feel free to contact us by visiting this page.