Last updated: [October 5, 2022]
The Company and Services
The Sites and the Services are made available by Pickleball TopCo LLC and its group of affiliated companies, consisting of the following legal entities:
- Pickleball OpCo LLC
- Pickleball Brackets OpCo LLC
- Pickleball Holdings LLC
- Pickleball TopCourt LLC
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content, except as follows with regards to portions of our Content that we permit You to access:
- Your computer may temporarily store copies of such Content in RAM incidental to Your authorized accessing and viewing that Content.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may retain one copy of a reasonable number of pages of the Sites for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
- If we provide social media features permitting You to engage with such features, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any of our Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of our Content.
- Access or use for any commercial purposes any part of the Sites or any Services, data or other Content available through the Sites.
- Unless authorized under a separate written agreement with us, use automated systems or software to extract data or other Content from the Sites, including without limitation screen scraping.
- Unless authorized under a separate written agreement with us, provide any portion of data or other Content from the Sites to any other company, application, database, website or entity, including without limitation any competitor or other provider of pickleball-related services.
Content that You post to the Sites or the Services (“Your Content”) shall remain owned by You. You hereby grant the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service). We may, but are not obligated to, pre-screen Your Content or monitor any area of the Sites or the Services through which Your Content may be submitted. We are not required to host, display, or distribute any of Your Content on or through the Sites or the Services and may remove at any time or refuse any of Your Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any of Your Content.
Intellectual Property Rights; Trademarks
Other than Your Content, as between You and the Company, the Company or its licensors own and retain ownership of all intellectual property rights in and to the Sites and the Services. No right, title or interest in or to any portion of the Sites or the Services is granted to You except as expressly set forth herein.
As used herein, “Usage Data” means any and all data and information obtained by the Company relating to Your use of the Sites and the Services, including without limitation (1) the logging and analysis of any access thereto; and (2) any statistical and performance information related to the provision and operation of the Sites and the Services. For the avoidance of doubt, as between the parties hereto Usage Data shall be solely owned by the Company, and to the extent that You obtain any ownership thereof, You hereby unconditionally and irrevocably assign to the Company all right, title and interest in and to all Usage Data.
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to any part of the Sites or the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby unconditionally and irrevocably assign to the Company all right, title, and interest in, and the Company is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. To the extent the foregoing assignment of rights, title and interest in and Your Feedback is prohibited by applicable law, You hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback; and (b) authorize any such use by others of Your Feedback, or any portion thereof, in the same manner. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
The names and logos of the Company and its Sites, Services and Products, and all related designs and slogans are trademarks of us or our licensors. You must not use, register or attempt to register such marks or any marks confusingly similar to or dilutive of such marks, or purchase domain names, search engine keywords or other advertising keywords using any of the foregoing, without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sites, Services or products are the trademarks of their respective owners.
When You upload Your Organization’s names, logos and other trademarks to the Sites or the Services (collectively, “Your Marks”), You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce and display Your Marks via the Sites and the Services in connection with the corresponding Organization. All goodwill arising from such use shall inure to the benefit of the holders of such marks. You acknowledge that we may use the logo image files that You provide to us via the Sites and the Services, and accordingly we shall not be responsible for ensuring that the logo image files You upload are compliant with or conformant to any trademark usage guidelines that You may have in place regarding Your Marks. For the avoidance of doubt, Your Marks shall not include trademarks that are owned by us.
You shall promptly pay all amounts due for the Service offerings that You agree to purchase through the Sites and the Services, in accordance with the payment terms set forth therein. You shall be solely responsible for the payment of all taxes relating to payments due hereunder (excluding solely taxes due on the Company’s net income). For any payments not made prior to the due date, the Company may in its discretion charge late fees and interest not to exceed the maximum amount permitted under applicable law. Without limitation of any of the Company’s other rights or remedies hereunder, the Company may immediately suspend or terminate Your access and use of the Sites and the Services if You fail to make any payments when due.
Acceptable Use Policy; Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or the Services, or which, as determined by us, may harm the Company or users of the Sites or the Services, or expose them to liability.
Additionally, You agree not to:
- Use the Sites or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites or the Services, including their ability to engage in real time activities through the Sites or the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Sites or the Services for any purpose, including monitoring or copying any of the Content on the Sites or the Services.
- Use any device, software, or routine that interferes with the proper working of the Sites or the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other Content that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites or the Services, the server on which the Sites or the Services are stored, or any server, computer, or database connected to the Sites or the Services.
- Attack the Sites or the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Sites or the Services.
All of Your Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You agree that You are solely responsible for Your interactions with any other user in connection with the Sites and the Services, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between You and any other user of the Sites and the Services.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any Content for any or no reason in our sole discretion.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy, for purposes of the establishment of legal claims and defenses.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites or the Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Sites or the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or other Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Term and Termination
Any and all proprietary rights, disclaimers of warranties, representations made by You, indemnities, and limitations of liability set forth herein, and all of Your obligations made prior to termination, shall survive any expiration or termination of the Agreement. Any amounts owed by You with regards to any Services, including any Content or Products, which You have purchased prior to termination shall become and remain immediately due and payable effective as of the date of termination, and no refunds shall be owed by the Company for any reason whatsoever unless expressly agreed otherwise by the Company in writing.
Data Privacy; Compliance with Laws
You shall comply with all laws and regulations that are applicable to Your use of the Sites and the Services, including without limitation all United States export controls, import controls, sanctions, anti-boycott, money laundering, data privacy and otherwise. Without limiting the generality of the foregoing, You shall be solely responsible for ensuring that Your use of the Sites and the Services is compliant with applicable laws, and You shall not make use of the Sites or the Services in any fashion that would be contrary to applicable laws (for instance, to receive access to certain technology or payments if such would be prohibited under applicable laws). The Company controls and operates the Sites and the Services primarily from the United States of America and the entirety or portions of the Sites or the Services may not be appropriate or available for use in other locations. If You use the Sites or the Services or any portions thereof outside the United States of America, You are solely responsible for following applicable local laws.
Reports of Intellectual Property Infringement
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, we have a policy of removing Content that violates intellectual property rights of others, suspending access to the Sites or the Services (or any portion thereof) to any user who uses the Sites or the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Sites or the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Sites or the Services, please provide written notice to our agent for notice of claims of infringement: Legal Department, Pickleball TopCo LLC, 2100 Ross Ave, Ste 550, Dallas, TX 75201, Phone: [253-200-4451], Email: [email protected]. Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern. To be sure the matter is handled promptly, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Third Party Websites and Accounts
If the Sites or the Services contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked from the Sites or the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Your use of certain of the Sites and the Services may require or enable You to create an account with one or more third parties, such as a payment processor. Such accounts and such use of the third party’s websites and services shall be subject to the third party’s terms and conditions, and You shall comply with all such terms and conditions. The Company shall not be liable to You or any third party with regards to Your use of such third-party websites and services.
If You install or enable a third party service for use with the Services, You grant us permission to allow the applicable third party provider to access Your data and to take any other actions as required for the interoperation of the third party service with the Services, and any exchange of data or other interaction between You and the third party provider is solely between You and such third party provider. The Company is not responsible for any disclosure, modification or deletion of Your Content, or for any corresponding losses or damages You may suffer, as a result of access by a third party service or a third party provider to Your Content.
Disclaimer of Warranties and Obligations
The information presented on or through the Sites and the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the Content on the Sites and the Services from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content accessible on or through the Sites or the Services may be out of date at any given time, and we are under no obligation to update such Content.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, THE SERVICES OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITES AND THE SERVICES, AND ANY CONTENT OR PRODUCTS OBTAINED THROUGH THEM, IS AT YOUR OWN RISK. THE SITES AND THE SERVICES, AND ANY CONTENT AND PRODUCTS OBTAINED THROUGH THEM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES AND THE SERVICES, OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THEM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR SERVICES OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR ANY WARRANTIES THAT ARE EXPLICITLY STATED AS SUCH BY THE COMPANY WITH REGARDS TO THE CORRESPONDING PRODUCTS.
Limitation of Liability
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
Governing Law and Jurisdiction
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence) or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to the Sites, Services or Products provided or billed to You (such as our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against us in the same proceeding.
This Provision provides that all disputes between You and us shall be resolved by binding arbitration. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution: For all disputes, whether pursued in court or arbitration, You must first give us an opportunity to resolve the dispute which is first done by emailing us at [email protected] the following information: (1) Your name, (2) Your address, (3) a written description of Your claim, and (4) a description of the specific relief You seek. If we do not resolve the dispute within 45 days after receiving Your notification, then You may pursue Your dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out: Notwithstanding the above, You or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at [email protected] the following information: (1) Your name; (2) Your address; and (3) a clear statement that You do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision You make personally. In fact, we promise that your decision to opt-out of this Provision will have no adverse effect on Your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court. Additionally, either we or You may seek emergency injunctive relief from a court for any claims relating to infringement of intellectual property rights.
Arbitration Procedures: If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: The place of arbitration shall be Wilmington, Delaware.
Payment of Arbitration Fees and Costs: So long as You place a request in writing prior to commencement of the arbitration and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution”, we will pay the fees charged by the arbitrator to conduct the arbitration. But, You will still be responsible for all fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. Additionally, if the arbitrator determines that Your claim is frivolous or not brought in good faith, then the arbitrator may require You to reimburse us for the arbitration fees. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and if you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
Class Action Waiver: Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and we specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver: You understand and agree that by accepting this Provision in these Terms, You and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability: If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation: This Provision shall survive the termination of this Agreement, the termination of Your Account, or Your discontinued use of the Sites, the Services and the Products. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the address for notices), You may reject any such change and require us to adhere to the language in this Provision at the time You accepted it if a dispute between us arises.
Service-Specific Terms Addendum
Pickleball Tournaments and Pickleball Brackets:
- Upon completion of sign up for the Pickleball Tournaments or Pickleball Brackets Service, the Company may create a PayPal Express Checkout account on Your behalf, using Your email address. Depending on Your location, the Company may also create a Company Payments account on Your behalf. You acknowledge that PayPal Express Checkout and/or Company Payments will be Your default payments gateway(s) for interacting with Company and that it is Your sole responsibility to activate and maintain these accounts. If You do not wish to keep either of the payment accounts active, it is Your responsibility to deactivate them.
- You acknowledge and agree that the Pickleball Tournaments and Pickleball Brackets Services may publicly display Your game results, ratings, stats, and other data related to pickleball competition and recreation.
- You acknowledge and agree that the Pickleball Tournaments and Pickleball Brackets Services are provided on a non-exclusive basis. The Company may provide the Services to Your competitors and makes no promise of exclusivity in any particular market segment.
Fees for the Pickleball Tournaments and Pickleball Brackets Services are based on the type of event to which they relate, and such fees and payment due dates may be modified by the Company in its discretion:
- Tournament fees shall be due in full no more than 7 days after the event has completed.
- Clinic fees shall be due in full no more than 7 days after the event has completed.
- League fees shall be due in full at the end of league setup.
- Places to Play is currently a free Service. No fees are currently charged for Places to Play.
- Advertising fees shall be due in full at the end of advertising setup.
- Unless otherwise noted during Your purchase of the TopCourt Service You choose, as required by applicable law in Your jurisdiction, or as set forth in the refund policy applicable to any TopCourt Service You purchase through a third-party marketplace, should You become dissatisfied with the TopCourt Service You may deactivate Your TopCourt Account via the TopCourt.com Settings page at any time, and You will not be charged again for it in the future. You will retain access for the duration of the membership period You paid for. Full or partial refunds are not available for memberships purchased. If the Company determines that You are abusing our refund policy, we reserve the right to suspend or terminate Your account and refuse or restrict any and all current or future use of the Service without delivering a refund.
- If You select a TopCourt Service with an auto renewal feature (“Recurring Subscription”), You authorize the Company to maintain Your TopCourt Account information and charge that account automatically upon the renewal of the TopCourt Service You choose with no further action required by You. In the event that the Company is unable to charge Your account as authorized by You when You enrolled in a Recurring Subscription, the Company may, in its sole discretion: (i) bill You for the TopCourt Service and suspend Your access to the TopCourt Service until payment is received, and/or (ii) seek to update Your Account information through third party sources (i.e., Your bank or a payment processor) to continue charging Your Account as authorized by You.
- If You purchase any TopCourt Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by the Company. Except as otherwise explicitly stated by the Company, the third-party marketplace will be solely responsible for making refunds under its refund policy, and the Company will have no refund obligations. The Company disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
- You can cancel Your TopCourt subscription by going to Your Settings when logged into Your TopCourt Account. Scroll down to click “Deactivate Account” and follow the prompts to confirm.
PPA Pickleball Tour:
- You acknowledge and agree that Your registration, attendance at and participation in any PPA Events may be subject to additional terms and conditions. You shall comply with all PPA Event-specific requirements communicated by the Company from time to time (“PPA Event Requirements”), including those relating to PPA Event conduct, safety and health.
Sale of Physical Products:
- All prices, discounts, and promotions posted for purchase of Products on the Sites or the Services are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your merchandise total and will be itemized in Your shopping cart and Your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Our return and refund policies for purchases of Products shall be as set forth on the applicable Site.
- You represent and warrant that (i) any payment card information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such payment card for the purchase, (iii) charges incurred by You will be honored by Your payment card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites or the Services at the time of Your order.
- We will arrange for shipment of the Products to You. Please check the applicable page for specific delivery options. Unless otherwise specified, You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of Your order.
- Title and risk of loss pass to You upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- We do not manufacture or control the physical Products offered for sale on the Sites or the Services. The availability of physical Products does not indicate an affiliation with or endorsement of any such Product or manufacturer. Accordingly, we do not provide any warranties with respect to such Products. However, such Products may be covered by a manufacturer's warranty if so detailed in the product's description and/or as included with the product. To obtain warranty service for defective physical Products, please follow the instructions included in the manufacturer's warranty.
- You represent and warrant that You are buying physical Products from the Sites or the Services for Your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the country to which they are delivered.