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Terms of Service

Last updated on: March 18, 2020

PickleballBrackets® is a registered trademark of PickleballBrackets LLC

By signing up for the PickleballBrackets® service ("Service") or any of the services of PickleballBrackets Inc. ("PickleballBrackets") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Services offered by PickleballBrackets under the Terms of Service include various products and services to help you create and manage a account and events. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://pickleballbrackets.com/legal_terms.aspx. PickleballBrackets reserves the right to update and change the Terms of Service by posting updates and changes to the PickleballBrackets website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and PickleballBrackets’s Privacy Policy before you may become a PickleballBrackets user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using PickleballBrackets or any PickleballBrackets services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a PickleballBrackets account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. PickleballBrackets may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that PickleballBrackets will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. PickleballBrackets cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your PickleballBrackets Account ("Content"). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of PickleballBrackets will result in an immediate termination of your services.

Which means

Don’t use PickleballBrackets for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 PickleballBrackets Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 PayPal Express Checkout and PickleballBrackets Payments Accounts

  1. Upon completion of sign up for the Service, PickleballBrackets will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, PickleballBrackets may also create a PickleballBrackets Payments account on your behalf.
  2. You acknowledge that PayPal Express Checkout and/or PickleballBrackets Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner 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. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.

Which means

The person signing up for the PickleballBrackets Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of PickleballBrackets.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York and the laws of The United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New York with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that PickleballBrackets may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on PickleballBrackets's website, available at https://pickleballbrackets.com/legal_terms.aspx and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to PickleballBrackets's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the PickleballBrackets service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of The United States of America and the State of New York. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PickleballBrackets®.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PickleballBrackets, PickleballBracket, Pickleball Brackets, Pickleball Bracket, or any variations thereof. Pickleball Brackets is a registered trademark of Pickleball Brackets LLC. Any and all variations are in direct violation of the U.S. Patent and Trademark Office (USPTO).
  7. Questions about the Terms of Service should be sent to support@PickleballBrackets.com.
  8. You understand that your Account Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by PickleballBrackets, is governed by its privacy policy at https://pickleballbrackets.com/legal_privacy.aspx
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and PickleballBrackets’s Terms of Service available in another language, the most current English version of the Terms of Service at https://pickleballbrackets.com/legal_terms.aspx will prevail.

Which means

The PickleballBrackets service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the City of Buffalo, New York, United States of America.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. PickleballBrackets® Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Account Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any PickleballBrackets customer, PickleballBrackets employee, member, or officer will result in immediate Account termination.
  5. PickleballBrackets does not pre-screen Account Content and it is in our sole discretion to refuse or remove any Account Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that PickleballBrackets employees and contractors may also be PickleballBrackets customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. PickleballBrackets retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, PickleballBrackets reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Which means

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a PickleballBrackets account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that PickleballBrackets shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall PickleballBrackets or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PickleballBrackets partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. PickleballBrackets does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. PickleballBrackets does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. PickleballBrackets does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of PickleballBrackets to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PickleballBrackets and govern your use of the Service, superseding any prior agreements between you and PickleballBrackets (including, but not limited to, any prior versions of the Terms of Service).

Which means

If PickleballBrackets chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and PickleballBrackets don’t apply if they conflict with these terms.

6. Waiver and Complete Agreement

  1. We do not claim any intellectual property rights over the material you provide to the PickleballBrackets service. All material you upload remains yours. You can remove your PickleballBrackets account at any time by deleting your Account.
  2. By uploading Event Content, you agree: (a) to allow other internet users to view your Event Content; (b) to allow PickleballBrackets to display and store your Event Content; and (c) that PickleballBrackets can, at any time, review all the Event Content submitted by you to its Service.
  3. You retain ownership over all Event Content that you upload to a PickleballBrackets event; however, by making your event public, you agree to allow others to view your Event Content. You are responsible for compliance of Event Content with any applicable laws or regulations.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. PickleballBrackets shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your account to promote the Service.

Which means

Anything you upload remains yours and your responsibility.

7. Event Search

  1. PickleballBrackets Event Search is an online service available at: http://PickleballBrackets.com (the "Event Search Site") that allows you to list events available for purchase by third parties ("Event Search Content").
  2. PickleballBrackets does not pre-screen Event Search Content and we may refuse or remove any Event Search Content at any time and in our sole discretion. We may, but have no obligation to, review and remove Event Search Content containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, counterfeit, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or the Terms of Service.
  3. You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Event Search Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
  4. The Terms apply to the sale or offering of sale of any Product and Event Search Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Event Search Content is processed using the Services.
  5. PickleballBrackets reserves the right, in its sole discretion, to increase the Transaction Fees applicable to the sale of any Event Search Content.
  6. Under no circumstances shall PickleballBrackets be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Event Search Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if PickleballBrackets has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

Which means

The Event Search tool is provided by PickleballBrackets "as is" and PickleballBrackets is not responsible or liable for any sale arising from your use of the tool. You should have a suitable written agreement in place with any person that purchases from you. These Terms of Service apply to you regardless of whether your sale transaction occurs on the PickleballBrackets platform.

8. Partner Search

  1. PickleballBrackets Partner Search is an online service available at: http://PickleballBrackets.com (the "Partner Search Site") that allows registrants to search for a partner when registering for an event.
  2. PickleballBrackets reserved the right, without liability, to display on the secured log-in portion of the site a players full name, email, and phone number for all search results during the registration process while the partner search feature is used.
  3. PickleballBrackets will ONLY display this information to the managers of the event being created and signed up for AND on the secured log-in portion of the site used by registered players to search for a partner.
  4. Under no circumstances shall PickleballBrackets be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Partner Search results or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if PickleballBrackets has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

Which means

The Partner Search tool is provided by PickleballBrackets "as is" and PickleballBrackets is not responsible or liable for any use of the tool. All clients of PickleballBrackets should have a suitable written agreement in place with any person that purchases from you. These Terms of Service apply to you regardless of whether your sale transaction occurs on the PickleballBrackets platform.

9. Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. Service Fees are paid based on the event type:
    1. Tournament will be paid in full no more than 7 days after the event has completed. All invoices not paid in full within 7 days will be considered outstanding and late. Late fees will be applied to all outstanding payments.
    2. Clinics will be paid in full no more than 7 days after the event has completed. All invoices not paid in full within 7 days will be considered outstanding and late. Late fees will be applied to all outstanding payments.
    3. Leagues will be paid in full at the end of setup.
    4. Places to Play is a free service. There are no fees
    5. Advertising will be paid in full at the end of setup.
  3. Payment for services will be paid to PickleballBrackets's PayPal account.
  4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  5. If you are resident in the U.S. or Canada, Taxes may apply to your purchase of some or all of PickleballBrackets's products and services, including without limitation, your purchase of PickleballBrackets's Online Services, POS Services, POS Equipment, and apps (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. or Canada billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings.
  6. PickleballBrackets does not provide refunds.

Which means

There will be payment due for our services based on the event type you are using.

  1. Tournament will be paid in full no more than 7 days after the event has completed. All invoices not paid in full within 7 days will be considered outstanding and late. Late fees will be applied to all outstanding payments.
  2. Clinics will be paid in full no more than 7 days after the event has completed. All invoices not paid in full within 7 days will be considered outstanding and late. Late fees will be applied to all outstanding payments.
  3. Leagues will be paid in full at the end of setup.
  4. Places to Play is a free service. There are no fees
  5. Advertising will be paid in full at the end of setup.

Any Transaction Fees or Additional Fees will be billed to you.

No refunds.

10. Cancellation and Termination

  1. You may cancel your Account at anytime by emailing support@PickleballBrackets.com and then following the specific instructions indicated to you in PickleballBrackets’s response.
  2. Upon termination of the Services by either party for any reason:
    1. PickleballBrackets will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to PickleballBrackets for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your account and all services provided will be taken offline.
  3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  4. We reserve the right to modify or terminate the PickleballBrackets Service or your Account for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, PickleballBrackets may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means

To initiate a cancellation, email support@PickleballBrackets.com. PickleballBrackets will respond with specific information regarding the cancellation process for your account. If you cancel with a balance owed to PickleballBrackets, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

11. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days notice from PickleballBrackets. Such notice may be provided at any time by posting the changes to the PickleballBrackets Site (PickleballBrackets.com) or the administration menu of your PickleballBrackets account via an announcement.
  2. PickleballBrackets reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. PickleballBrackets shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Which means

We may change or discontinue the service at anytime, without liability.

12. Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, PickleballBrackets's partners or other third parties.
  2. PickleballBrackets may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the PickleballBrackets App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or PickleballBrackets's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that PickleballBrackets has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on PickleballBrackets's websites, including the PickleballBrackets App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with PickleballBrackets. PickleballBrackets strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
  4. 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. PickleballBrackets is not responsible for any disclosure, modification or deletion of your data or Event 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 data or Event Content.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Under no circumstances shall PickleballBrackets be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if PickleballBrackets has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PickleballBrackets partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

Which means

We are not responsible for third party services so use them at your own risk. If you use any third party services on the PickleballBrackets platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

13. DMCA Notice and Takedown Procedure

PickleballBrackets supports the protection of intellectual property and asks PickleballBrackets merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to PickleballBrackets's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

Which means

We are not responsible for third party services so use them at your own risk. If you use any third party services on the PickleballBrackets platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

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