TERMS OF SERVICE

Terms of Service

Overview

This website is operated by Vantage PickleBall. Throughout the site, the terms “we”, “us” and “our” refer to Vantage PickleBall. Vantage PickleBall offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your 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.
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 or any contact on the website through which the Service is provided, without express written permission from us.
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. Materials on this site are provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify contents of this site at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.

4. Modifications to the Service and Prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Products or Services

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [link to Refund Policy].
We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right—but are not obligated—to limit sales of our products or services to any person, geographic region, or jurisdiction, and to limit quantities of any products or services that we offer. All descriptions and pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the contact details provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information (including payment details) so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [link to Refund Policy].

7. Optional Tools

We may provide access to third-party tools over which we neither monitor nor have control. You acknowledge that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. Future new services/features shall also be subject to these Terms.

8. Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not be liable for any third-party materials, websites, products, or services. Please review third-party policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. User Comments, Feedback and Other Submissions

If you send submissions (e.g., contest entries) or, without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.
We may—but have no obligation to—monitor, edit, or remove content we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree your comments will not violate any right of any third party and will not contain unlawful, abusive, or obscene material, or any malware that could affect operation of the Service or any related website. You may not use a false identity or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy: [link to Privacy Policy].

11. Errors, Inaccuracies and Omissions

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update or clarify information except as required by law.

12. Prohibited Uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Service or any related website. We may terminate your use of the Service for violating any prohibited use.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. We may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products/services delivered to you are (except as expressly stated by us) provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vantage PickleBall, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, revenue, savings, data, or replacement costs), whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, even if advised of the possibility.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vantage PickleBall and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees 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 or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

16. Termination

Obligations and liabilities incurred prior to the termination date shall survive termination. These Terms are effective unless and until terminated by either you or us. You may terminate at any time by ceasing use of our site. If, in our judgment, you fail to comply with any term or we suspect such failure, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

17. Entire Agreement

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law provisions.

19. Changes to Terms of Service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

20. Contact Information

Questions about these Terms may be submitted via the Contact page/form on our website.