Zone One Ninety LLC (“Zone190”) develops and markets a patent-pending basketball training system (the “Product”).
These Terms and Conditions of Use (the “Terms”) outline the rules that govern your use of Zone190’s Web site and Product. Your use of Zone190’s Web site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms. Zone190 reserves the right to update, modify, change, or remove these Terms at any time without prior notice to you. For this reason, we encourage you to review these Terms whenever you use the Site.
1. Proper Use
The Zone190 Product is NOT a trampoline. Zone190 is intended as a bounce-back training device for basketballs only. The “normal and intended use” of the Product shall be described as bouncing a basketball on the netting of the Product. We repeat: It is not a trampoline. DO NOT STEP ON, JUMP ON, WALK ON, BOUNCE ON, STEP OVER, WALK OVER, OR JUMP OVER THE PRODUCT, AND DO NOT INTERACT WITH IT IN ANY OTHER WAY THAN ITS NORMAL AND INTENDED USE. DO NOT THROW ANY OTHER ITEM ON THE PRODUCT, OTHER THAN A REGULATION BASKETBALL. FAILURE TO COMPLY WITH THE PRODUCT’S NORMAL AND INTENDED USE COULD RESULT IN INJURY OR DEATH. BY PURCHASING THE PRODUCT, YOU AGREE TO USE THE PRODUCT FOR ITS NORMAL AND INTENDED USE. IF YOU CAN NOT FOLLOW THE PRODUCT’S INSTRUCTIONS FOR NORMAL AND INTENDED USE, DO NOT PURCHASE THE PRODUCT.
The Zone190 Product is warranted against manufacturing defects at the time of delivery. A one-year warranty shall also cover damage or failure that occurs during the course of normal and intended use of the Product. As noted above, “normal and intended use” shall be described as bouncing a basketball against the Product. THE WARRANTY DOES NOT COVER ANY OTHER ACTIVITY, WHETHER ACCIDENTAL OR ABUSIVE. IF YOU CAN NOT FOLLOW THE PRODUCT’S INSTRUCTIONS FOR NORMAL AND INTENDED USE, DO NOT PURCHASE THE PRODUCT.
3. Danger: Warning!
Keep your distance from the frame. When using the Zone190, keep your distance from the frame. Do not fall on, trip over, step on, or jump on or near the frame. FAILURE TO KEEP YOUR DISTANCE FROM THE FRAME COULD LEAD TO TWISTED ANKLES OR OTHER PERSONAL INJURIES.
4. Age Appropriateness
The Zone190 Product is NOT a toy. Keep infants, toddlers, and pets away from the Zone190. The Zone190 is appropriate only for adults or adolescents over the age of 13. Zone190 is not for children under the age of 12; do not let ANYONE play on, under, or near the Zone190. BY PURCHASING THE PRODUCT, YOU AGREE TO KEEP INFANTS, TODDLERS AND PETS AWAY FROM THE ZONE190. YOU ALSO AGREE THAT ONLY ADOLESCENTS AND ADULTS OVER THE AGE OF 13 WILL USE THE PRODUCT, AND YOU ASSUME ALL LIABILITY AND RISK THEREIN.
All prices and amounts shown on this Site are in U.S. dollars (“USD”), unless otherwise noted. If you submit an order on the Site to purchase the Product, you agree that all charges, taxes, and shipping & handling fees will automatically be charged to your credit card. All orders placed on the Site must be fully paid, including shipping and handling fees, before orders are fulfilled. Zone190 will not ship your Product until payment is received in full.
Return & Refund Policy
The Zone190 Product is warranted against manufacturing defects at the time of delivery. A one-year warranty shall also cover damage or failure that occurs during the course of normal and intended use of the Product. As noted above, “normal and intended use” shall be described as bouncing a basketball against the Product. Your Product can be exchanged or refunded.
Zone190 ships its products via the U.S. Postal Services (“USPS”). Every product is custom built, so orders may take eight (8) to ten (10) weeks or more. Your Product may also take several weeks to ship. Shipping and production times vary, and Zone190 assumes no responsibility for delays caused by shipping carriers, weather, flood, fire, power failure, product availability, equipment breakdowns, or other conditions beyond our control. Zone190 never makes guarantees regarding shipping or delivery dates or times. Zone190 is not responsible for making sure that your shipping address is accurate.
Our Sales Tax Policy
Zone190 charges sales tax to orders received from within the Commonwealth of Massachusetts.
All content included on this Site, including products, illustrations, photographs, logos, graphics, images, icons, descriptions, and other written and graphical information (the “Content”) are the intellectual property and copyrighted works of Zone190. Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
“Zone One Ninety,” “Zone190,” “Zone190.com,” and any and all other marks appearing on this Site are trademarks of Zone190 in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site. The use of Trademarks on any other Web site or network computer environment is prohibited.
Restriction of Use
You may not use this Site to make any speculative, false or fraudulent requests or orders. You may not use robots or other automated means to access this Site. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. It is a violation of law to place an order in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZONE190—INCLUDING ITS RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, MANUFACTURERS, RESELLERS, OR AFFILIATES—BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF ZONE190 PRODUCTS OR ZONE190’S WEB SITE.
If, notwithstanding the above, the Company or a member of the Company is found liable for any loss or damage relating to the use of Zone190 Products or this Site, you agree that the liability of any such party shall in no event exceed the fee or charge to you assessed by Zone190.
You agree to defend, indemnify and hold harmless Zone190—including its respective past, present, or future officers, directors, employees, representatives, suppliers, manufacturers, resellers, or affiliates—from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of Zone190 Products or the Site.
Users’ Clients and any Third Parties
If you use this Site to submit orders or requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
If you use this Site to submit orders or requests for or on behalf of a Third Party, you agree to indemnify and hold Zone190 harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or your failure to fulfill any of its obligations as described (above). You are directly responsible for any order or request submitted, including related fees, charges and performance obligations.
User Comments and other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Zone190 in connection with your use of this Site (the “Comments”), shall become and remain the exclusive property of Zone190. The Comments may be used by the Company in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. Zone190 is not under any obligation to maintain your Comments in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Third Party Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Zone190 does not guarantee or warrant the accuracy or completeness of information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Zone190, and are neither its employees nor agents.
Termination of Usage
Your access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The internal laws of the Commonwealth of Massachusetts shall govern the performance of these Terms, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Suffolk County, Massachusetts, for all disputes arising out of, or relating to, the Terms and use of this Site.