Terms
By searching Custom Pickleball, you agree to the terms set forth in these Terms
of Service
The Service (custompickleball.com) sells pickleball paddles, balls, and other
accessories. Custom Pickleball does not assume any liability for the products
or services that are built using our service.
Agreement between user & The Service
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of The Service constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of
them for your reference.
Agreement between user and The Service
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of The Service constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of
them for your reference.
Your account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not
assign or otherwise transfer your account to any other person or
entity. You acknowledge that Custom Pickleball is not responsible for third
party access to your account that results from theft or
misappropriation of your account. Custom Pickleball and its associates reserve
the right to refuse or cancel service, terminate accounts, or remove
or edit content in our sole discretion. Custom Pickleball does not knowingly
collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may not use
www.DinkUSA.com
Links to third party sites/Third party services
The Service may contain links to other websites (“Linked Sites”). The
Linked Sites are not under the control of Custom Pickleball and Custom Pickleball is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Custom Pickleball is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by Custom Pickleball of the site or any association with its
operators. Certain services made available via The Service are
delivered by third party sites and organizations. By using any
product, service or functionality originating from the The Service
domain, you hereby acknowledge and consent that Custom Pickleball may share
such information and data with any third party with whom Custom Pickleball has
a contractual relationship to provide the requested product, service
or functionality on behalf of The Service users and customers.
No Copying, Distributing or Creating Derivative Works
Publicly available search engine providers may crawl or query the
Services only for the purpose of creating an index with links to the
Services’ web pages to generate web search engine results. All other
automated queries of the Services,
including screen and database scraping, spiders, robots, crawlers,
bypassing “captcha”, and any other automated activity, with the
purpose of obtaining information from the Services is strictly
prohibited, unless you have received express written permission from
Custom Pickleball.,
No unlawful or prohibited use/Intellectual Property,
You are granted a non-exclusive, non-transferable, revocable license
to access and use The Service strictly in accordance with these terms
of use. As a condition of your use of the Site, you warrant to Dink
USA that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or
interfere with any other partys use and enjoyment of the Site. You may
not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
Site. All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of Custom Pickleball or its
suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content
and will not make any changes thereto. You will not modify, publish,
transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. Custom Pickleball content is not for
resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will
not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express
written permission of Custom Pickleball and the copyright owner. You agree that
you do not acquire any ownership rights in any protected content. We
do not grant you any licenses, express or implied, to the intellectual
property of Custom Pickleball or our licensors except as expressly authorized
by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
“Communication Services”), you agree to use the Communication Services
only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another\s computer; advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded,
restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any
applicable laws or regulations. Custom Pickleball has no obligation to monitor
the Communication Services. However, Custom Pickleball reserves the right to
review materials posted to a Communication Service and to remove any
materials in its sole discretion.
Custom Pickleball reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever. Custom Pickleball reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Dink
USA\s sole discretion. Always use caution when giving out any
personally identifying information about yourself or your children in
any Communication Service. Custom Pickleball does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, Custom Pickleball specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts
are not authorized Custom Pickleball spokespersons, and their views do not
necessarily reflect those of Custom Pickleball. Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials. Materials provided to
The Service or posted on any Custom Pickleball web page: Custom Pickleball does not
claim ownership of the materials you provide to The Service (including
feedback and suggestions) or post, upload, input or submit to any Dink
USA Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Custom Pickleball, our affiliated companies
and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with
your Submission. No compensation will be paid with respect to the use
of your Submission, as provided herein. Custom Pickleball is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in Custom Pickleball\s sole discretion. By
posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.,
Payments and Billing
Certain aspects of the Service may be subject to payments now or in
the future (the “paid services”). Please note that any payment terms
presented to you in the process of using or signing up for a paid
service are deemed part of these Terms of Use. We may use a
third-party payment processor to bill you through a payment account
linked to your account on Custom Pickleball (your “billing account”) for use of
the paid services. The processing of payments will be subject to the
terms, conditions and privacy policies of the payment processor in
addition to these Terms of Use. We are not responsible for error by
the payment processor. By choosing to use paid services, you agree to
pay us, through the payment processor, all charges at the prices then
in effect for any use of such paid services in accordance with the
applicable payment terms and you authorize us, through the payment
processor, to charge your payment provider (your “payment method”).
You agree to make payment using that selected payment method. We
reserve the right to correct any errors or mistakes that it makes even
if it has already requested or received payment. The terms of your
payment will be based on your payment method and may be determined by
agreements between you and the financial institution, credit card
issuer or other provider of your payment method. If we, through the
payment processor, do not receive payment from you, you agree to pay
all amounts due on your billing account upon demand. Some of the paid
services may consist of recurring period charges as agreed to by you.
By choosing a recurring payment plan, you acknowledge that such
services have an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation.
We may submit periodic charges (e.g., monthly) without further
authorization from you, until you provide notice (receipt of which is
confirmed by us) that you have terminated this authorization or wish
to change your payment method. Such notice will not affect charges
submitted before we reasonably could act. You must provide current,
complete and accurate information for your billing account. You must
promptly update all information to keep your billing address current,
complete and accurate, and must promptly notify us or your payment
processor if your payment method is canceled (e.g., for loss or theft)
or if you become aware of a potential breach of security. If you fail
to provide any of the foregoing information, you agree that we may
continue charging you for any use of paid services under your billing
account unless you have terminated your paid services as set forth
above. If the amount to be charged to your billing account varies from
the amount you preauthorized (other than due to the imposition or
change in the amount of state sales taxes), you have the right to
receive, and we shall provide, notice of the amount to be charged and
the date of the charge before the scheduled date of the transaction.
Any agreement you have with your payment provider will govern your use
of your payment method. You agree that we may accumulate charges
incurred and submit them as one or more aggregate charges during or at
the end of each billing cycle. Your non-termination or continued use
of a paid service reaffirms that we are authorized to charge your
payment method for that paid service. We may submit those charges for
payment and you will be responsible for such charges. This does not
waive our right to seek payment directly from you. Your charges may be
payable in advance, in arrears, per usage, or as otherwise described
when you initially selected to use the paid service.,
Third Party Accounts
You will be able to connect your Custom Pickleball account to third party
accounts. By connecting your Custom Pickleball account to your third party
account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance
with your privacy settings on those third party sites). If you do not
want information about you to be shared in this manner, do not use
this feature.
International Users
The Service is controlled, operated and administered by Custom Pickleball from
our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Custom Pickleball Content accessed
through The Service in any country or in any manner prohibited by any
applicable laws, restrictions or regulations. Any Personal Data that
is subject to the GDPR shall apply and the parties agree to comply
with such terms.
Indemnification
You agree to indemnify, defend and hold harmless Custom Pickleball, its
officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable
attorneys fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your
violation of any terms of this Agreement
or your violation of any rights of a third party, or your violation of
any applicable laws, rules or regulations. Custom Pickleball reserves the
right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with Custom Pickleball in asserting any available
defenses.
Arbitration
In the event the parties are not able to resolve any dispute between
them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or
in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrators award shall be final, and
judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorneys fees. The parties agree to arbitrate all disputes and claims
in regards to these Terms and Conditions or any disputes arising as a
result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions.
The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute,
including the scope and enforceability of this arbitration provision
shall be determined by the Arbitrator. This arbitration provision
shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these terms and conditions will take place on an
individual basis; class arbitrations and
class/representative/collective actions are not permitted. The parties
agree that a party may bring claims against the other only in eachs
individual capacity, and not as a plaintiff or class member in any
putative class,
Collective and/ or representative proceeding, such as in the form of a
private attorney general action against the other. Further, unless
both you and employer agree otherwise, the arbitrator may not
consolidate more than one persons claims, and may not otherwise
preside over any form of a representative or class proceeding.
Liability disclaimer
The information, software, products, and services included in or
available through the site may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. Dink
usa, inc. And/or its suppliers may make improvements and/or changes in
the site at any time. Dink usa, inc. And/or its suppliers make no
representations about the suitability, reliability, availability,
timeliness, and accuracy of the information, software, products,
services and related graphics contained on the site for any purpose.
To the maximum extent permitted by applicable law, all such
information, software, products, services and related graphics are
provided “as is” without warranty or condition of any kind. Dink usa,
inc. And/or its suppliers hereby disclaim all warranties and
conditions with regard to this information, software, products,
services and related graphics, including all implied warranties or
conditions of merchantability, fitness for a particular purpose, title
and non-infringement.
To the maximum extent permitted by applicable law, in no event shall
dink usa, inc. And/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any
damages whatsoever including, without limitation, damages for loss of
use, data or profits, arising out of or in any way connected with the
use or performance of the site, with the delay or inability to use the
site or related services, the provision of or failure to provide
services, or for any information, software, products, services and
related graphics obtained through the site, or otherwise arising out
of the use of the site, whether based on contract, tort, negligence,
strict liability or otherwise, even if dink usa, inc. Or any of its
suppliers has been advised of the possibility of damages. Because some
states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you. If you are dissatisfied with any
portion of the site, or with any of these terms of use, your sole and
exclusive remedy is to discontinue using the site.
Termination/Access restriction
Custom Pickleball reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at
any time, without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in
California in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including,
without limitation, this section. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Custom Pickleball as a result of this agreement or use of the Site. Custom Pickleballs
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
Custom Pickleballs right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or
information provided to or gathered by Custom Pickleball with respect to such
use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
Custom Pickleball with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Custom Pickleball with respect to the Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Custom Pickleball reserves the right, in its sole discretion, to change the
Terms under The Service is offered. The most current version of the
Terms will supersede all previous versions. Custom Pickleball encourages you to
periodically review the Terms to stay informed of our updates.
References
You agree that, during the time you are a registered Service user, we
may identify you as a customer of Custom Pickleball (including, without
limitation, on the Site and in promotional materials).