Terms Of Service

Introduction

Welcome to the https://handballvortex.com/ website (and together with all subpages, the “Website”).

These Terms of Services (incorporating the Terms of Service, Privacy Policy, GDPR Privacy Notice, and Cookie Policy) represent a legal agreement between you, either an individual or a single legal entity ("You" or "you") and Vortex Sport LLC having its Registered Office address at 30 N Gould St, Ste 4000 Sheridan, Wyoming (collectively, "We" or "Us"), which operates the Handball Vortex ("Handball Vortex") online services, available at the Website (You and Handball Vortex each a "Party" and collectively the "Parties").

This Agreement governs the use of any Handball Vortex online services ("Service"), the Website, and any software provided by Handball Vortex, including any updates and any accompanying written documentation (collectively, the "Software"). The Software, the Website, and the Services may be referred to as the "Products".

By using the Website or any of the Products, or by clicking "I AGREE" or any similar button anywhere on the Website, you agree to be bound by the terms and conditions of this "Agreement".

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT A USER'S RIGHTS REGARDING HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

Please read this Agreement carefully prior to using the Website or the Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue the use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement. If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all the damages that the legal entity may suffer.

This Agreement will remain in full force and effect at all times and may be modified from time to time.

Definitions

  • By "Handball Vortex/us/we/our" we mean the features, products, and services we make available, including through our website at handballvortex.com (https://www.handballvortex.com/) and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.

  • By "Customer/You/User" we mean the person, agency, or company paying for services and products delivered through handballvrotex.com

  • By "Service(s)" or "Course(s)" we mean the courses offered on handballvrotex.com Users can access the expert knowledge in the field of handball

  • By "Information" or "content" we mean data and other information about Services, products, and courses, including anything you, experts, or other users post on handballvortex.com.

  • By "Products" websites, mobile apps, applications, and other

License

Subject to this Agreement and Terms of Service we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services and courses. You may access purchased courses on Handball Vortex and use them only for your personal, non-commercial use unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Handball Vortex, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the courses and content you access.

Payment & Prices

All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Handball Vortex’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy, and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stipe directly. Reference is made to the Stripe Policies for informational purposes only and is in no way incorporated into or made a part of this Agreement. Handball Vortex’s relationship with Stripe, if any, is merely contractual in nature, as Stripe is nothing more than a third-party vendor to Handball Vortex and is in no way subject to Handball Vortex's direction or control;

No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Handbal Vortex, any disruption to the Handbal Vortex, or any other reason whatsoever.

All the prices are shown in US dollars and with all applicable taxes. Please note that Payment Methods may involve the use of third-party payment service providers. These service providers may charge additional fees when processing payments and Handball Vortex is not responsible for any such fees and disclaims all liability in this regard. Users’ Payment Methods may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider (e.g. banks, payment card issuers). Users are asked to please review these terms and conditions before using a Payment Method.

Please note that third-party payment service providers may impose transaction, currency conversion or other fees based on the currency and on an exchange rate and Handball Vortex is not responsible for any such fees and disclaims all liability in this regard. Users are asked to please contact their bank or credit card company if they have any questions about these fees or the applicable exchange rate.

Accessing the Website and Services

To register with Handball Vortex, Users may be asked to provide certain registration details or other information, all of which are governed by the Handball Vortex Privacy Policy By registering with Handball Vortex, Users represent and warrant that all registration information submitted, including, without limitation, all first and last names, email addresses, nationalities, payment information, ownership information, and all other information provided is completely accurate.

This Website is offered and available to Users who are eighteen (18) years of age or older. By registering with Handball Vortex or providing information for its use you represent and warrant that you are eighteen (18) years of age or older and have the legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Website or any of the Handball Vortex Products or Services. Handball Vortex is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Website or any of the Handball Vortex Products or Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the Handball Vortex services and products only in compliance with this Agreement and all applicable local, state, national and international laws, rules, and regulations.

Users are solely responsible for maintaining the confidentiality, security, and correctness of their registration information. Users are solely responsible for all activities, liabilities, and damages that occur under their account or password or from their failure to maintain password confidentiality. Users agree that Handball Vortex shall not be liable for any losses or damages arising from their failure to keep their username, password, or other registration information secure. Users agree to notify Handball Vortex immediately of any unauthorized access to, or use of, their username or password or any other breach of security. Users agree to comply with all applicable laws regarding online conduct and acceptable content.

Handball Vortex reserves the right to withdraw or amend the Website or any of the Handball Vortex Products or Services, and any product, service, or material provided on the Website or the Handball Vortex Products or Services, at Handball Vortex's sole discretion, without notice. Handball Vortex will not be liable to Users if, for any reason, any part of or the entire Website or Handball Vortex Services are unavailable for their access or use at any time or for any period. From time to time, Handball Vortex may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Users are responsible for:

  • Making all arrangements necessary for them to have access to the Website,

  • Ensuring that all persons who access the Website through their device are aware of this Agreement and comply with it

Conduct of Use

You are allowed to access the content of this website for your personal, non-commercial use, provided you do so without violation of copyright and other proprietary rights and provided you do not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You accept not to use this website in any way that is unlawful, abusive, threatening, harassing, obscene, libelous, hateful, or in any other way violating these terms and conditions. While using this website, you accept not to post any inaccurate or false information about yourself. All customers must provide a valid email address and mobile phone number. This is the main way we communicate with the customer, and it is each customer’s responsibility to check emails/texts for important updates, cancellations, notifications, results, events, seminars, and so on. It is the customer’s responsibility to inform Handball Vortex if any of their contact details change.

Disclaimer and Prohibited Uses

The Services are Available “AS-IS”

By using this website you acknowledge and agree that all content and material available on it, such as text, logos, graphics, images, videos, and software, are protected under the United States and international copyright, trademark, and other laws. All content and material are the property of Vortex Sport LLC or its content suppliers or clients. Vortex Sport LLC reserves the exclusive right to the compilation of the content of this website (meaning its collection, arrangement, and display). This right is protected by the United States and international copyright laws. By using this Website you agree not to capture, sell, license, distribute, publish, modify, adapt, edit, copy, reproduce, or reuse the content of this website in any other way for any public or commercial purpose. You are prohibited to copy or adapt the HTML code that Vortex Sport LLC creates and uses to generate its web pages. This code is also protected by copyright.

You are expressly prohibited to violate the security of this website (for example by way of, but not limited to, using any device, software, or procedure that interferes or attempts to interfere with the proper functioning of this website; using any device or tool to navigate this website other than that provided by Vortex Sport LLC; attempting to decipher, decompile, disassemble or reverse engineer any of the software making up a part of the website; spreading or attempting to spread viruses, Trojans, worms, or any other devices that are designed or intended to disrupt, damage or interfere with any information, software, hardware or communication systems).

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Handball Vortex ENTITIES” refers to Handball Vortex, its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Handball Vortex ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Handball Vortex Entities make no warranty or representation and disclaim all responsibility and liability for:

  • (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content;

  • (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;

  • (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and

  • (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Handball Vortex Entities or through the Services, will create any warranty or representation not expressly made herein.

Medical Disclaimer

Services and Courses on this website are not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. Services and Courses are not advice, and should not be treated as such. All content, including text, graphics, images, video, and information, contained on or available through this website is for general information purposes only. Handball Vortex makes no representation and assumes no responsibility for the accuracy of the information on or available through this website, and such information is subject to change without notice.

You are encouraged to perform additional research regarding any information contained available through this website with other sources, and consult with your physician. The information provided through this website should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a medical or psychological condition, you should consult your appropriate health care provider. Never disregard professional medical advice or delay seeking care because of something you read on this website.

Handball Vortex does not recommend, endorse or make any representation about the efficacy, appropriateness, or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers, or other information that may be contained on or available through this website.

Handball Vortex IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, COURSES, OR PRODUCTS THAT YOU OBTAIN THROUGH HANDBALL VORTEX.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Handball Vortex ENTITIES 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

  • (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

  • (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

  • (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR

  • (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE HANDBALL VORTEX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Amendment

Handball Vortex may review and update this Agreement from time to time at our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website and apply to all access to and use of the Website and Handball Vortex Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Website. The User's continued use of the Website or Handball Vortex Products and Services following the posting of revised, updated, or changed Agreement means and shall constitute their acceptance and agreement to the revisions, update, or changes. Users are expected to check, read and agree to this page each time they access or utilize Handball Vortex Products and Services so they are aware of any revision, update, or change, as they are binding on them immediately.

Maintenance of Website

Due to maintenance work, Handball Vortex reserves the right to alter, update or cancel our Service at any time. Handball Vortex may conduct such maintenance for security reasons, intellectual property, or other reasons at our discretion, and we are not required to explain such modifications.

Force Majeure

Handball Vortex shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Binding, Entire Agreement

This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assigns. This Agreement and its exhibits and incorporated references stated herein set forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.

Notice

Any notice or other communication given hereunder shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail, or courier addressed to Handball Vortex at the address indicated on top of this Agreement. Notices hereunder shall be deemed to have been given on the date of mailing, except notices of change of address, which shall be deemed to have been given when received. If you have a question or concern about the Services, please contact us first at [email protected] our team will try to answer your questions.

Governing Law, Venue

This Agreement and its validity, construction, and performance shall be governed in all respects by the law of the State of Wyoming, notwithstanding its or any other jurisdiction's choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the State of Wyoming, through binding arbitration (see Arbitration).

Indemnification

You agree to defend, indemnify and hold Handball Vortex and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:

  • (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);

  • (b) your use of the Services in violation of these Terms or other policies we post or make available;

  • (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;

  • (d) Handball Vortex’s collection and remission of taxes; and

  • (e) if you are an Organizer, your events (including where Handball Vortex has provided Services with respect to those events), provided that in the case of

  • (f) this indemnification will not apply to the extent that the Claim arises out of Handball Vortex's gross negligence or willful misconduct.

Handball Vortex will provide notice to you of any such Claim, provided that the failure or delay by Handball Vortex in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Handball Vortex may choose to handle the Claim ourselves, in which case you agree to cooperate with Handball Vortex in any way we request.

IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS, AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.

The Parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Waiver, Severability

The waiver by us of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Class Action Waiver

Both you and Handball Vortex agree that each may bring claims against the other in an individual capacity only. Neither you nor Handball Vortex may bring a claim as a plaintiff or class member in any class action, consolidated action, or representative action. We both waive the right to a jury trial.

Arbitration

Any dispute or claim relating in any way to your use of any of HandballVortex's services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Wyoming Uniform Arbitration Act. The decision of the arbitrator shall be final and binding upon all Parties. In the event that your claim is rejected, you are obliged to reimburse all costs, including but not limited to arbitration fees and any other legal fees, incurred in the proceeds.

Exceptions

Notwithstanding this Agreement to arbitrate, either party may:

  • (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or

  • (ii) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.

No Third Party Beneficiaries

Nothing contained herein is intended, nor shall it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager, or former agent of you) other than you, and no other person shall have any rights or remedies under this Agreement.

Business Transfers

Handball Vortex may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

Security

Handball Vortex is very concerned with safeguarding Users' information. When Users enter sensitive information (such as a credit card number and/or social security number) on Handball Vortex registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Users have any questions about the security of our Services, they can contact us via [email protected].

Handball Vortex will make any legally required disclosures of any breach of the security, confidentiality, or integrity of our unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to Users via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with

  1. The legitimate needs of law enforcement or

  2. Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.