TERMS AND CONDITIONS OF USE
Last Updated: January 1, 2024
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Pickleball Deals of The Week (“Company,” “we,” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website PickleballDealsOfTheWeek.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
NO USE BY MINORS
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website.
You agree to:
Use the Website and purchase services or products for legitimate, non-commercial purposes only.
Not post or transmit any material that:
Violates or infringes the rights of others.
Is threatening, abusive, defamatory, libelous, vulgar, obscene, or profane.
Contains injurious formulas, recipes, or instructions.
Encourages conduct that would constitute a criminal offense or violate any law.
USE OF FREE DOWNLOADABLE CONTENT
We may make resources on this Website accessible to users in exchange for providing an email address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use.
You agree that:
You will not modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, or exploit any of the Gated Content.
You will not sell, redistribute, or create any competing products or services based on the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, or otherwise making available any artwork, photos, written works, or other media (“Submissions”), you grant us a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes.
You retain copyrights and any other rights in your Submissions but must ensure that:
You own or control all rights to your Submission.
Your Submission does not violate any copyright, trademark, or proprietary rights.
You hold us harmless from any claims arising from your Submissions.
We may use your Submission to improve our Website, products, or services without compensation.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property (“IP”).
You may not:
Modify, publish, transmit, sell, distribute, display, reproduce, or exploit any of our IP without our prior written consent.
Use our name, logo, slogan, or other related branding elements without permission.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms.
CHANGED TERMS
We may amend these Terms, including our Privacy Policy and Disclaimers, at any time. The “Last updated” date will indicate the latest revision. Changes are effective immediately upon posting. Continued use of the Website constitutes consent to the revised Terms.
NO WARRANTIES
We provide the Website “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee the accuracy, completeness, or timeliness of the content.
LIMITATION OF LIABILITY
Under no circumstances shall we be liable for:
Direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of your use of the Website.
Loss of revenue, anticipated profits, business, savings, goodwill, or data.
Third-party theft, destruction, unauthorized access, or alteration of your data.
NO GUARANTEE OF AVAILABILITY
We do not guarantee the Website’s availability. We reserve the right to withdraw or amend services at any time without notice.
MALICIOUS CODE
We do not warrant that the Website is free from viruses or malicious code. You are responsible for protecting your devices from potential risks.
SECURITY
We prioritize security but cannot guarantee that unauthorized access to your data will never occur. You assume all responsibility and risks related to using this Website.
THIRD-PARTY RESOURCES
The Website may contain links to external websites. We do not endorse or guarantee their accuracy or reliability. You assume all risks when using third-party resources.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any losses, damages, claims, liabilities, and expenses arising from:
Your breach of these Terms.
Your use of the Website, its content, and any purchased product or service.
EFFECT OF HEADINGS; SEVERABILITY
Headings are for convenience only. If any part of these Terms is deemed unenforceable, the rest remains in full force.
ENTIRE AGREEMENT; WAIVER
These Terms, along with the Privacy Policy, constitute the entire agreement between you and us. Any waiver must be in writing to be valid.
GOVERNING LAW; JURISDICTION
These Terms shall be governed by the laws of the State of California. Any disputes must be filed exclusively in Los Angeles, CA courts.
ALTERNATIVE DISPUTE RESOLUTION
Both parties agree to attempt mediation before pursuing litigation or arbitration.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved. For specific usage scenarios, contact us at ellie@pickleballdealsoftheweek.com.
CONTACT INFORMATION
Owner: Saris Inc.
Email: ellie@pickleballdealsoftheweek.com
Address: 530 S. Lake Ave #312, Pasadena, CA 91101