Terms of service

Team Pickleball, LLC — Terms of Service

Effective Date: August 20, 2024

This Terms of Service Agreement ("Agreement") is a legal contract between you ("you" or "your") and Team Pickleball, LLC, including its affiliates and their respective successors and assigns (collectively, "Team Pickleball"). By accessing or using www.teampickleball.com and related websites and social media sites operated by Team Pickleball (collectively, the "Site"), you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree to these Terms of Service, please refrain from using the Site.

Team Pickleball reserves the right to change the terms and conditions of this Agreement or its policies regarding the Site at any time. Changes will be effective upon posting of an updated version of this Agreement on the Site. It is your responsibility to review this Agreement regularly. Continued use of the Site after any changes signifies your acceptance of those changes.

Mobile Terms of Service

The Team Pickleball mobile message service (the "Service") is operated by Team Pickleball (“Team Pickleball”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Team Pickleball’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Team Pickleball through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Team Pickleball. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18444750520 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Team Pickleball mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18444750520 or email hello@teampickleball.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Website Accessibility

Team Pickleball is dedicated to making our website accessible to all users, including those with disabilities.

Creating An Account

To access certain content, material, products, or services, or to place an order on the Site, you may need to create an account. During registration, you may be asked to agree to these Terms of Service and our Privacy Policy, and to provide a user name and password. You may also need to provide certain personal information, including your legal name, phone number, address, email address, gender, and age. You are responsible for keeping your password and account login secure. Team Pickleball is not liable for any misuse of your account resulting from third-party access.

Validating Your Order

When you place an order using our shopping cart, Team Pickleball will verify the information provided, including your payment method and shipping address. We reserve the right to reject any order or limit quantities without explanation. If we reject an order, we will attempt to notify you using the email address provided with the order. Your credit or debit card will not be charged if we reject the order. If a charge has been made, we will process a refund.

Order Acceptance/Confirmation

Team Pickleball reserves the right to refuse service, including order fulfillment, customer support, and technical support, to anyone for any reason. An order invoice does not constitute acceptance of an order or an offer to sell. We reserve the right to decline any order, even after an invoice is issued.

Taxes

You are responsible for any sales, duty, or other governmental taxes or fees related to your order. Team Pickleball will collect applicable sales tax if required. Taxes will be shown at checkout but may be adjusted due to various factors, such as changes in tax rates.

Order Limitations/Limited Quantities

We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. If we make changes to an order, we will attempt to notify you using the email and/or billing address provided.

Shipping Risks

We provide tracking information and expected shipping dates, but we are not responsible for delays, damages, or losses due to natural disasters, government actions, fires, floods, strikes, lockouts, freight embargoes, or other events beyond our control. Claims for lost or damaged packages should be pursued with the shipping courier.

Return and Refund Policy

You may return or exchange any unused Team Pickleball products in accordance with our returns and exchanges policy, available here.

Termination of Use

Team Pickleball may terminate your account or use of the Site at any time, at our sole discretion. You are personally liable for any orders or charges incurred before termination. We reserve the right to change, suspend, or discontinue any aspect of the Site at any time without notice.

Collections

If Team Pickleball must pursue collections for any debt resulting from a sales transaction, including fraud or credit card reversals, we are entitled to recover actual costs associated with collections, including legal fees, travel expenses, and other necessary costs.

Product Updates/Errors on Site

Product information and prices on the Site are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and correct any errors, inaccuracies, or omissions, even after an order has been submitted and confirmed. If your credit card has been charged for a canceled order, we will issue a credit. Bank policies dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.

Pricing Policy

Prices and offers are subject to change.

Postings

Team Pickleball may monitor, review, and edit or delete discussions, chats, profiles, and postings on our Site, but is under no obligation to do so and assumes no responsibility for the content. We will cooperate with law enforcement or a court order to disclose the identity of anyone posting prohibited content. We may also disclose such information to protect our rights, property, or personal safety, or that of our users and the public.

Intellectual Property Ownership

All right, title, and interest in the Site, including technology and trade secrets, and any custom developments related to this Agreement, belong solely to Team Pickleball or its licensors. You have no rights to any of these. The Site is a valuable trade secret and/or confidential information of Team Pickleball or its licensors. You may not modify, remove, delete, publish, transmit, create derivative works from, or exploit any content or materials on the Site without our express permission.

Trademarks

The “Team Pickleball” name, logo, and related names, design marks, product names, and related logos are trademarks of Team Pickleball and may not be used without our express permission. The look and feel of the Site, including headers, graphics, button icons, and scripts, are the service mark, trademark, and/or trade dress of Team Pickleball and may not be copied or used without our express permission.

Representations & Warranties

Each party represents and warrants that it has the legal authority to enter into this Agreement. You represent and warrant that you have not provided false information to gain access to the Site. If you are entering into this Agreement on behalf of a company, you represent that you have the authority to bind the company to these terms. If you do not have such authority, you must stop using the Site immediately.

Indemnification

You agree to defend, indemnify, and hold Team Pickleball harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or your breach of this Agreement.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE IS PROVIDED "AS-IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEAM PICKLEBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND ACCURACY. TEAM PICKLEBALL DOES NOT WARRANT THAT THE SITE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL TEAM PICKLEBALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID FOR YOUR TRANSACTIONS THROUGH THE SITE OR $100. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed or offered to Team Pickleball on the Site or otherwise will become Team Pickleball's property. Such submissions constitute an assignment to Team Pickleball of all worldwide rights, titles, and interests in the submissions. Team Pickleball is not obligated to (1) maintain any submissions in confidence, (2) pay compensation for any submissions, or (3) respond to any submissions.

Links to Other Websites

Our Site includes links to other websites whose privacy practices may differ from ours. If you submit personal information to those sites, your information is governed by their privacy policies. We encourage you to read the privacy policy of any website you visit.

Dispute Resolution

If you and Team Pickleball cannot resolve a dispute within 30 days of written notice, you agree to resolve it through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Arbitration will be held in Seattle, Washington, unless otherwise agreed. You may not bring a claim as part of a class action.

General

This Agreement is governed by Washington State law and applicable federal law. Any disputes will be resolved in the state and federal courts in Seattle, Washington. Claims must be brought within one year. If any provision of this Agreement is invalid, the remaining provisions will remain in effect. We are not liable for site interruptions due to maintenance or upgrades. There is no joint venture, partnership, employment, or agency relationship between you and Team Pickleball. Failure to enforce any right does not constitute a waiver. Neither party is liable for failure to perform due to circumstances beyond their control.

This Agreement, together with any other written agreement between you and Team Pickleball, constitutes the entire agreement regarding your use of the Site.

By purchasing products from this site, you agree to be bound by the Team Pickleball Terms of Service. If you do not agree, do not purchase products through this site.