Terms of Service

POWERARC SPORTS LLC

PRODUCT TERMS & CONDITIONS

These Terms and Conditions (“Terms”) govern the purchase and use of all PowerArc Sports LLC (“PowerArc,” “we,” “our,” or “us”) products, including the APEX™ shooting machine and related accessories (“Products”).

By checking the box "I have read and accept the Terms of Service" (or similar language) at checkout and completing your purchase, you (“you” or “Customer”) are creating a binding legal contract and agree to be bound by these Terms.

If you do not agree to these Terms, do not check the box and do not purchase or use our Products. Please review these Terms carefully before purchase.

1. PRODUCT USE AND SAFETY

The APEX™ shooting machine and related accessories are designed for users ages 13 and up. They are not intended for use by children under 13, even with adult supervision.

Users must follow all instructions, warnings, and safety information included with the Product. Improper use may result in serious injury or damage to property. Always inspect the Product before each use and operate only in suitable, stable environments free of bystanders or obstacles.

You are responsible for ensuring the Product is assembled and used according to the provided documentation. Modifying, tampering with, or disabling safety mechanisms voids any warranty and releases PowerArc from any liability related to resulting injury or damage.

2. RESPONSIBLE OPERATION

By using the Product, you acknowledge that basketball training carries inherent physical risks. You assume full responsibility for your use of the Product, including supervision of others who use it.

Do not operate the Product under the influence of alcohol, drugs, or medication that impairs judgment. Do not use the Product near children, pets, or vehicles. Use only PowerArc-approved replacement parts and accessories.

PowerArc disclaims any responsibility for injury, property damage, or other loss arising from misuse, negligence, or operation inconsistent with the provided instructions.

3. FIRMWARE AND INTELLECTUAL PROPERTY

Some Products contain embedded firmware that enables their operation. This firmware is not user-serviceable. You may not copy, modify, reverse engineer, or attempt to extract or alter any portion of the Product’s electronics or firmware.

All designs, mechanical components, firmware, trademarks, branding, and packaging are the intellectual property of PowerArc Sports LLC. You may not reproduce, distribute, or use any PowerArc content, marks, or designs without our prior written permission.

4. WARRANTIES, RETURNS, AND PRIVACY

Product warranties, return and exchange policies, and privacy practices are governed by separate policies posted on our official website. Please review those documents carefully before purchase or use.

By purchasing or using our Products, you acknowledge that you have reviewed and agree to those separate policies.

5. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN OUR WRITTEN WARRANTY POLICY, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERARC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

POWERARC DOES NOT GUARANTEE THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS, PERFORM WITHOUT INTERRUPTION, OR BE FREE FROM DEFECTS THAT ARISE THROUGH WEAR, MISUSE, OR ENVIRONMENTAL EXPOSURE.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, POWERARC, ITS AFFILIATES, SUPPLIERS, OWNERS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, OR USE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

POWERARC’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT AT ISSUE.

7. INDEMNIFICATION

By purchasing or using our Products, you agree to indemnify, defend, and hold harmless PowerArc, its officers, employees, and agents from and against any and all claims, injuries, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Product; (b) your breach of these Terms; or (c) your violation of any law or the rights of a third party. This indemnification obligation does not apply where prohibited by law.

Transfer and Secondary Use
PowerArc Products are intended for use by the original purchaser only. Any subsequent owner or user assumes all risk associated with the use, assembly, or operation of the Product. PowerArc disclaims any liability arising from use of a Product by persons who did not purchase it directly from PowerArc or an authorized reseller.

8. MODIFICATIONS AND UPDATES

PowerArc continually improves its designs and may update components, materials, or firmware without notice. We reserve the right to modify these Terms at any time, and any updates will be posted on our website. Continued use of our Products after updates are posted constitutes your acceptance of the revised Terms.

9. GOVERNING LAW AND VENUE

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

Any disputes arising out of or related to these Terms or the use of PowerArc Products shall be brought exclusively in the state or federal courts located in Middlesex County, Massachusetts, and both parties consent to personal jurisdiction in those courts.

10. ENTIRE AGREEMENT

These Terms, together with PowerArc’s published Warranty Policy, Return Policy, and Privacy Policy, constitute the entire agreement between you and PowerArc regarding your use of our Products. They supersede all prior representations or communications, whether oral or written.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

CONTACT INFORMATION

PowerArc Sports LLC
Middlesex County, Massachusetts, USA
powerarcsports.com
Email: support@powerarcsports.com