THEPICKLEBALLCLUB.us Terms of Use

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.

WELCOME TO THE PICKLEBALLCLUB.US!

Please read these terms and conditions of use carefully before using (the “Web Site”), associated THE PICKLEBALL CLUB and/or associated content offerings (collectively, the “Site”). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy ) will mean you accept those changes and that such changes shall apply to Your use of the Site after such changes have been posted.

OWNERSHIP AND USE RESTRICTIONS

Thepickleballclub.us is operated by THE PICKLEBALL CLUB LLC be referred to herein as the “Operator”.

The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.

THE PICKLEBALL CLUB name and logo and the names and logos of THEPICKLEBALLCLUB.us are the property of THE PICKLEBALL CLUB LLC and the member teams of THE PICKLEBALL CLUB. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, the Operator. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operator neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Operator.

REGISTRATION

Registration Data: If you opt to register for any portion of this Site you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Mobile Service (or any portion thereof). You acknowledge and agree that the Operator shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Mobile Service or your account. You further agree that the Operator is authorized to verify such Registration Data.

You acknowledge and agree that the Operator may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see Section 8 below (titled “Mobile Content & Text Message Campaigns”).

Username and Password: If you opt to register for any portion of this Site, you may be required to establish an account and provide a username and password. You authorize the Operator to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Operator of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will the Operator be liable for the unauthorized use or misuse of your username and/or password. The Operator may need to change usernames allocated to certain of our products and services and the Operator reserves the right to do so. You will be informed of this if the Operator makes such a change. The Operator collects and uses your username, password and other Registration Data in accordance with the Privacy Policy of the Site.

Access Without Registration: This Site may provide you with access to some products and services without you having to register as a user, such as signing up for Mobile Alerts via SMS. In each such case your identification is based on means of identification that the Operator deems appropriate, such as your mobile telephone number.

MESSAGE FEATURES

The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, online polls and petitions, and forums to communicate with other users. In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Site.

You must use Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.

The Operator shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the Operator shall have the sole discretion to terminate your access to the Site. Please be advised that the Operator may cooperate with any law enforcement authorities or court order requesting or directing the Operator to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site.

Although the Operator may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.

Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in Section 4 below.

SUBMISSIONS

By transmitting any Message (see Section 3 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Messages and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you to Thepickleballclub.us may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.

Solicited Submissions: At times, the Operator may solicit Submissions from visitors to Thepickleballclub.us, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.

Unsolicited Submissions: Although we are pleased to hear from THE PICKLEBALL CLUB fans and welcome your comments regarding the Site and THE PICKLEBALL CLUB, unfortunately, the Site’s policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operator or THE PICKLEBALL CLUB might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future THE PICKLEBALL CLUB products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.

MODULAR CONTENT

The Operator of this Site may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service other than the Site (“Modular Content”). To the extent that the Operator makes Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.

By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Site, you agree not to: (1) obscure the Operator’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party’s assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by the Operator; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.

Although the Operator is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, the Operator may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if the Operator or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that the Operator has exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that the Operator may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that the Operator may not specifically advise you of the existence or nature of these protections.

The Operator provides Modular Content, if at all, on a voluntary basis. The Operator expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.

By viewing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD THE OPERATOR HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of Section 13 of these Terms of Use.

Notwithstanding any statement to the contrary by the Operator or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and the Operator, or between the Operator and any third party, other than pursuant to these Terms.

DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

While the Operator uses reasonable efforts to include accurate and up to date information in the Site, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.

Neither THE PICKLEBALL CLUB Entities, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, directors, licensors, suppliers or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE OPERATOR FROM YOU FOR THE USE OF THE SITE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TERMS OF USE AND/OR THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.

The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.

We use YouTube API Services and by using the Sites or Services, you agree to be bound by the YouTube Terms of Service located here.

 NOTICE

The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in the Operator’s account information, or by written communication sent by first class mail to a user’s address if on record in the Operator’s account information. You may give notice to the Operator (such notice shall be deemed given when received) at any time by any of the following means:

electronic mail to info@Thepickleballclub.us;

Please Note: Any notice by You related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site must be provided as specified in Section above.

INDEMNIFICATION

You hereby agree to indemnify and hold Turner, its parent and affiliates, the THE PICKLEBALL CLUB Entities, and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, but not limited to use of any Message Feature, Modular Content, or the Store; and (ii) any breach or alleged breach of these Terms of Use.

TERMINATION OF SERVICE

The Operator may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Operator may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Operator believes is harmful to other customers, to the Operator’s business, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.

SOFTWARE

Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

The Operator and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, the Operator or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested.

To the extent that the Operator has your contact information, it will send any such notice to your email address or by U.S. Mail. The Operator and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. The Operator and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, the Operator and/or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between the Operator and you arising under these Terms of Use or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration.

For residents outside the United States, arbitration shall be initiated in Sarasota, Florida, and the Operator and you agree to submit to the personal jurisdiction of any state or federal court in Sarasota, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-800-778-7879.

The Operator shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless the Operator is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the Operator and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The Operator and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, the Operator and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. The Operator and you understand that, absent this mandatory arbitration provision, the Operator and you would have the right to sue in court and have a jury trial. The Operator and you 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.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the Operator and you agree to waive, to the fullest extent allowed by law, any trial by jury.

The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

The Operator and you agree that the Operator and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Operator and you further agree that the Operator and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Sarasota, Florida.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

CHOICE OF LAW

These Terms of Use and any disputes relating to these Terms of Use or the Site will be governed by the laws of the State of Florida, United States of America, without regard to its principles of conflicts of laws. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The Operator will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms of Use.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Site and/or its associated services and/or offerings may result in irreparable injury and damage to the Operator that may not be adequately compensable in money damages, and for which the Operator will have no adequate remedy at law. You, therefore, consent and agree that the Operator may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

LAST UPDATED: December 23, 2022

Copyright 2022 THE PICKLEBALL CLUB LLC. All Rights Reserved.