GENERAL POLICY
This agreement is entered into by Pickleballo.com, an online brand of Asset Management & Operational Resources LLC, and other PickleballO OWNED brands (hereinafter referred to as “Pickleballo”, “the Site”, “the Company“ we,” “us” or "our") and You, either as an individual using the Pickleballo website for personal use or as an individual using the Site on behalf of a company (You, hereinafter referred to as “You”, “Your” or “Yourself”, or "User"). An affiliate or affiliates is in reference to companies or brands that are either owned by Pickleballo, such as PickleballNames.com, or affiliated with a third-party company including Amazon and others (hereinafter referred to as "Affiliate", or "Affiliates").
Pickleballo provide products and/or services directly as a vendor or through its Affiliates ("Products and Services" or "product" or "service"). The Site and its Products and Services are offered to You, conditioned on acceptance of the terms, conditions, and notices contained in this User Agreement. If You do not agree with this User Agreement, You cannot use the Site. You can review the most current version of this User Agreement at any time at: https://www.pickleballo.com/website.htm.
Ownership and Use of Content. The Site is copyrighted in its entirety including but not limited to all logos graphics content and material. The copyright in this Site (except for certain material that is made available through association or material which is part of the public domain), contents, including, without limitation, all graphics, text, and computer programs contained therein, the underlying code, the pages displaying this Site and the arrangement of the Site is owned by THE SITE, unless otherwise indicated. You may view the information and use the products and services offered on this Site, but you cannot copy, modify, print, or distribute, any of the pages, text, logos, graphics, images, or content from this Site for any purpose; unless otherwise specified, doing so is a violation of our copyrights and other proprietary rights.
Registered and Unregistered Trademarks. All Site related logos and service marks displayed on the Site and other related sites and on material are the property of the site. The logos, including, other Site related logos (collectively the "The Trademarks") are trademarks or service marks of the site. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by the or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on this Site, without our prior written permission in each instance. We prohibit use of any of the Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks will inure to our benefit.
Advertise on the Site. If you are interest in Advertising on the Site, please contact us via email. Prices vary based on specific requirements. Advertising Fees are non-refundable. When sending your email, please include your name and full contact information and information about your company. CFG does not represent or guarantee that you will generate business by purchasing advertisement on the SITE Site or that this service will meet your expectations. WE DO not guarantee or represent that our server will be problem free. The servER may be down from time to time due to network or server maintenance or problems beyond our control. WE reserve the right to amend any advertising listing, or refuse any listing. In the event WE become aware of any questionable, unethical or criminal behavior by an advertiser, WE shall promptly terminate the remaining advertising term and remove all advertiser's links from the SITE without refund for the remaining term. WE reserve the right to cooperate with legal authorities and/or injured third parties. If you have any questions, please don't hesitate to CONTACT us.
SITE inaccuracies or errors. The Site may include inaccuracies or errors, including listings that may be misspelled or misrepresented in the process. Pickleballo do not under any circumstances accept responsibility for inaccuracies or errors, including listings that may have been misspelled or misrepresented. If any User notices any inaccuracies in his/her listing(s), the User should notice Pickleballo of the error via e-mail so that a correction can be made. Further, Pickleballo does not take any responsibility for any User of this site and/or for any offers, products or services offered on this site, or for the accuracy or otherwise of any listings, ads, messages, offers, products or services in any of our editions, whether on-line or off-line, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any third party's rights of any kind.
AFFILIATES, PARTNERS and advertisers. When you access an Affiliate, PARTNER or advertiser website including Amazon and PickleBALLNames.com, you are leaving the Pickleballo website, and You must abide by the terms and conditions of the Affiliate, partner or advertiser website. Pickleballo takes no responsibility for any purchases You make through an Affiliate, partner or advertiser, all disputes regarding such purchase or purchases must be addressed with the Affiliate, partner or advertiser. If a User is dissatisfied with any Affiliate website, product or service, or dissatisfaction as a result of any business dealings between User and the Affiliate, partner or advertiser, You, the user agree to hold Pickleballo free of any liability whatsoever. User agree that any disputes shall be between the User and the Affiliate, partner or advertiser and that Pickleballo shall not be liable or responsible to User as a result of any business dealings between User and any Affiliate, partner or advertiser. Pickleballo disclaims all and any liability to AFFILIATE, PARTNER OR advertisers and Users of any kind for loss or damage of any nature whatsoever and however arising, including, but not limited to, User's business or personal dealings with any Affiliate, PARTNER OR ADVERTISER, whether due to inaccuracy, error, omission or any other cause, whether on the part of Pickleballo, their employees or agents, or any other person, or due to the use of the Site, or Affiliate website, their products and/or services.
THIRD PARTY SITES. There are third party sites, Affiliates, links, listings, postings, search engine, material and information from Users, vendors, suppliers, advertisers, representatives, third-party affiliates, third-party linked sites that are affiliated with Pickleballo, their products and services, and others contained within the Site ("THIRD-PARTY SITES" OR Third-Party Link" or "Third-Party Links"), including pointers from Third-Party Links to other Internet websites. The Third-Party Links are published in good faith without verification and are published for User convenience. Third-Party Links are not under Pickleballo's control. Pickleballo does not assume any responsibility or liability for any information, communications, materials, products or services available at Third-Party Links, or at any link contained in a Third-Party Link site, or any listing or posting within the Site or Third-Party Link site, or any business dealings between any User and a Third-Party Link or others.
Pickleballo can refuse or cancel any Third-Party Links, any listing, posting, or messages at any time without notice, or can amend the contents of any Third-Party Link, listing, posting, or messages at its sole discretion without notice. Unless stated otherwise, there is no agency, affiliation, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Pickleballo, its affiliates, subsidiaries, and any Third-Party Link, including third party links that are linked to the Site in association with Pickleballo.
Pickleballo does not endorse any Third-Party Link, listing, posting or any other material or information of any third party or any User. These Third-Party Links, sites, listings, postings, materials and/or information are not endorsements by Pickleballo and are provided for convenience. Once a User links to a Third-Party Link site or other third party links, the User has left the Pickleballo Site. Each individual Third-Party Link site has or may have its own set of policies, terms and conditions. User assumes sole responsibility for use of any Third-Party Links, their products and services, sites, listings, postings, advertiser sites, other links and pointers.
The User's correspondence or business dealings with any Third-Party Link, or participation in promotions of, advertisers, Third-Party Link sites, other Users or any other third party site, product, service, listing or posting found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such Third-Party Link site, advertiser, other User or other third party site. The User agree that Pickleballo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, Third-Party Link sites, and/or any other third party links, other Users and others using the Site.
All Users are advised to check Third-Party Links, sites, Affiliates, advertiser links, other Users, their listings, individuals and representatives, representations, ads, messages, products and/or services, and carefully check companies, merchants, Third-Party Link sites, other Users, advertisers, and details before entering into any agreement of any kind with, and/or making payments to, any company, Third-Party Link, Affiliate other User, advertiser, any other third party site, and/or others, and before disclosing personal information. Pickleballo services and Third-Party Links may not be used for illegal purposes, or in support of illegal activities. Pickleballo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong.
DOMAIN NAME REGISTRATION. Pickleballo may offer Accredited Domain Registration Services, through its brand PickleballNames.com, which is an affiliate of eNom, an ICANN REGISTRAR, which applies to .com, .net, .org, .biz, .us, .info, .tv, .cc, .ws. .bz, .nu and others. BY COMPLETING THE DOMAIN NAME (I.E., WEB ADDRESS) REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND BY THE AGREEMENT OF THE DOMAIN NAME REGISTRAR (AGREEMENT"), located at http://www.registryrocket.com/terms.aspx?ec=B6316676-A88C-47CD-8D98-5, SO PLEASE READ ALL THE TERMS CAREFULLY. PLEASE NOTE: NOTHING IN THE AGREEMENT OBLIGATES Pickleballo IN ANY WAY TO YOU THE USER. FURTHER, REGISTRAR RESERVES THE RIGHT TO TERMINATE ANY FREE OFFERS AT ANY TIME WITHOUT NOTICE TO THE USER. Pickleballo AND REGISTRAR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET THE USER'S EXPECTATIONS. ANY DISPUTES WITH RESPECT TO YOUR DOMAIN NAME REGISTRATION IS BETWEEN YOU AND THE REGISTRAR. YOU AGREE TO HOLD Pickleballo FREE OF ANY LIABILITY. FURTHERMORE, Pickleballo WOULD NOT LIST OR LINK TO YOUR DOMAIN NAME OR PROVIDE FREE WEBSITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND WHAT IS PROVIDED WITHIN THE SERVICE WITH REGISTRAR.
PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME THAT YOU HAVE ALREADY REGISTERED ON A WEBSITE THAT YOU HAVE OR WILL PURCHASE FROM PickleballNames.com OR REGISTRAR, YOU WILL BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME, INCLUDING RENEWAL FEES. The fees for the Service are set at time of registration and/or renewals. Fees are subject to change without prior notice. All such fees are payable in U.S. dollars, are non-refundable and non-creditable, and will automatically be charged to your credit card.
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pickleballo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Pickleballo MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY ANY USER THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pickleballo OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY.
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT Pickleballo, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DIVISIONS, AFFILIATES, AND/OR SUBSIDIARIES, 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 (EVEN IF Pickleballo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
In no event shall Pickleballo be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use or the inability to use the Site, or Site-related offers, Products and Services, or any product or service provided by Pickleballo or for the cost of procurement of substitute services, or resulting from any data, information or services obtained or transactions entered into through or arising from or in connection with the Site, Site-related offers, product or service, provided by Pickleballo or resulting from unauthorized access to or alteration of transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Pickleballo have been advised of the possibility of such damages.
Pickleballo makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, reliability, sequence, accuracy, or timeliness of any product or service, and/or information or domain name(s) listed at the Site. Further, Pickleballo makes no commitments, representations or gives a guarantee that a domain name would sell through this Site or Site-related offers, product or service, auction, or that any product or service offered or rendered by Pickleballo or any of its affiliates, including, but not limited to domain name appraisal, which is offered and completed by a Pickleballo affiliate, would meet Users expectations or requirements. Users should never make any commitments relying on Pickleballo, its affiliates and/or its or their offers, products or services, auction, or rely that User's domain name(s) would sell through Pickleballo, the Site or any Site-related product or service.
Users agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site, the products and services provided therein, and the participation in any activity, including active commercial activity conducted in or through the Site.
Unless explicitly stated otherwise, any notices shall be given by email to the email address the User provided to Pickleballo, AFFILIATE OR PARTNER, during the registration process.
This site may be used only for lawful purposes. The applicable law is the laws of the State of Florida and all Users participating in the use of this Site, Products, Services, content and material hereby submit to the jurisdiction of the Courts of the State of Florida. Any User who uses this site with intent to defraud and/or under false pretence shall be subject to criminal prosecution.
Disputes. The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than any injunctive relief shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Palm Beach County, Florida or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction. Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
Pickleballo reserves the right to unsubstantially change prices, Products and Services, offers, product or service described on the Site, as well as this legal disclaimer, at any time without notice. The service may be unavailable from time to time for maintenance or other reasons, including, server, host interruptions, offline systems, inability to access the Site, or any other failure that may cause the Pickleballo Site and/or system and/or any of its Products and Services to be unavailable to Users and others from time to time ("System Failure"). Pickleballo makes no warranty that the service and/or any product or service will meet the User's requirements or expectations, or that the Pickleballo website and/or product or service will be uninterrupted, timely, secure, System Failure free or error free.
The Users are solely responsible for any information that they provide to Pickleballo or to an Affiliate, PARTNER any other person or entity during and in the course of any activity conducted with regard to and through the Site and the services provided therein. Pickleballo may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. Users agree that Pickleballo may, in its sole discretion, terminate this User Agreement, or any activity or other use of the services provided by Pickleballo under this User Agreement and through the Site immediately and without any further notice. Further, if Pickleballo is of the opinion that any User have acted inconsistently with the obligations or the spirit of this User Agreement or of other Pickleballo policies; or if Pickleballo is of the opinion that the User have infringed upon or tried to infringe upon the proprietary rights of others; if any information that User have provided to Pickleballo is found to be false or that we have been unable to authenticate or verify the veracity of such information, the services would be terminated for that User.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of Pickleballo to act with respect to a breach by a User or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between Pickleballo and Users with respect to the subject matter hereof and may not be amended other than as provided for in this User Agreement.
Any rights not expressly granted herein are reserved. If you do not agree to abide by these terms and conditions, or if you do not understand any section of this policy, please do not use the Site or download materials from the site. Other conditions and restrictions apply.
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