OVERVIEW
Advanced Pickleball Solutions LLC administers this website. Advanced Pickleball Solutions LLC is referred to using the terms "we", "us", and "our" throughout the site. Advanced Pickleball Solutions LLC grants you, the user, access to this website, including all information, tools, and services available from this site, subject to your acceptance of all terms, conditions, policies, and notices specified here.
You engage in our "Service" by visiting our site or purchasing something from us, and you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms of Service apply to all site users, including, but not limited to, browsers, vendors, customers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service thoroughly. By accessing or using any portion of this website, you accept these terms of service. If you do not agree to this agreement's terms and conditions in their entirety, you may not access the website or use the Services. If these Terms of Service are an offer, acceptance is expressly limited to these terms.
Any new tools or features added to the current store are also subject to the Terms of Service. This page contains the most recent version of the Terms of Service at all times. We reserve the right to modify or replace any portion of these Terms of Service by publishing updates and/or modifications on our website. You are responsible for periodically checking this page for modifications. Your continued use or access to the website after the posting of any modifications constitutes acceptance of those modifications.
Our ecommerce platform is Shopify Inc. They provide the e-commerce platform that enables us to sell our products and services to you online.
SECTION 1 - ONLINE STORE TERMS
You affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence 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 unlawful or unauthorized purpose, nor may you violate any local laws while using the Service. (including but not limited to copyright laws).
You are not permitted to transmit any malware, viruses, or other destructive code.
Any violation of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone at any time for any reason.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and involve (a) transmissions over multiple networks and (b) conformance and adaptation to the technical requirements of connecting networks or devices. Credit card information is always transmitted over networks using encryption.
You agree not to reproduce, duplicate, replicate, 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, unless we give you prior written consent.
The use of headings in this agreement is for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Information Accuracy, Completeness, and Timeliness
We are not responsible for any inaccuracies, omissions, or out-of-date information on this website. This website contains general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You use the content on this website at your own discretion.
This website could contain historical information. Historical information is necessarily out-of-date and is provided solely for your reference. We reserve the right to modify the information on this website at any time, but we are under no obligation to do so. You acknowledge that it is your responsibility to monitor modifications to our website.
Section 4 - Changes to the Service and Rates
Our product prices are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any portion or content thereof) at any time and without prior notice.
For any modification, price change, suspension, or discontinuance of the Service, we shall not be liable to you or any third party.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be accessible online exclusively via the website. These products or services may have limited quantities and are only returnable or exchangeable per our Refund Policy: [REFUND POLICY].
We have made every effort to display the colors and images of our products that appear on the site as accurately as feasible. We cannot guarantee that the colors displayed on your computer monitor are accurate.
We reserve the right but are not obligated, to restrict the sale of our products or Services to any individual, geographic region, or governing body. We may exercise this privilege on an individual basis. We reserve the right to impose limits on the quantities of any products or Services we provide. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product without prior notice. Any offer made on this
website for any product or service is void where prohibited.
We do not guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any defects in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order that is placed with us. We reserve the right, at our sole discretion, to set purchase limits per individual, per household, or per order. These restrictions may apply to orders that are submitted by or under the same customer account, credit card, and/or billing and/or shipping address. We may endeavor to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit
orders that appear to be placed by dealers, resellers, or distributors, based on our sole discretion.
For all purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to maintain accurate account information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
For further information, kindly refer to our Refund Policy: [REFUND POLICY LINK].
SECTION 7 - VARIOUS DEVICES
You may have access to third-party tools over which we neither monitor nor have any input nor control.
You acknowledge and agree that we provide access to these tools "as is" and "as available" and without any warranties, representations, or conditions of any kind, as well as without any endorsement. We shall have no liability deriving from or relating to your use of third-party tools that are optional.
You should familiarize yourself with and agree to the third-party provider's terms before using any optional tools made available through the site.(s).
We may also offer new Services and/or features via the website in the future. (including the release of new tools and resources). Such new features and/or Services are subject to these Terms of Service as well.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services made available through our Service may contain third-party materials.
There may be links to unaffiliated third-party websites on this website. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, nor do we warrant or assume any liability or responsibility for any other third-party materials, products, or services.
We are not responsible for any harm or damages resulting from the purchase or use of products, Services, resources, content, or any other transactions conducted on third-party websites. Please review the policies and procedures of the third party and ensure you thoroughly comprehend them before engaging in business with them.
Complaints, claims, concerns, and inquiries about third-party products must be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (such as contest entries), or if, without a request from us, 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 that you forward to us. We are not obligated to (1) maintain the confidentiality of any comments, (2) pay compensation for any comments, or (3) respond to any comments.
We reserve the right but have no obligation, to monitor, modify, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates the intellectual property rights of any party or these Terms of Service.
You agree that your comments will not violate any third-party rights, such as copyright, trademark, privacy, personality, or any other personal or proprietary rights. You also agree that your comments will not contain any libelous or otherwise unlawful, abusive, or profane content, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You are not permitted to use a false e-mail address, appear to be someone
other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the veracity of any comments you make.
We assume no liability and accept no responsibility for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Our Privacy Statement, which can be viewed here, governs the submission of your personal information through the store. [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
On occasion, there may be typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping fees, transit times, and availability. We reserve the right, without prior notice, to rectify any errors, inaccuracies, or omissions in any portion of the Service or on any related website, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time. (including after you
have submitted your order).
Unless required by law, we have no obligation to update, modify, or clarify information contained in the Service or on any related website, including, but not limited to, pricing information. No specified update or refresh date should be taken to indicate that all information in the Service or on any site associated with the Service has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other restrictions outlined in the Terms of Service, you are prohibited from using the website or its content in the following ways: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the 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 the security features of the Service or any related website, other websites, or the Internet. If you violate any of the prohibited uses, we reserve the right to terminate your access to the Service and any related websites.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantee, representation, or warranty that your use of the Service will be uninterrupted, timely, secure, or error-free.
We make no guarantee that the results you obtain from using the Service will be accurate or dependable.
You consent to our removal of the Service for indefinite periods of time or cancellation of the Service at any time without prior notice.
You expressly acknowledge that your use of the Service, or inability to use it, is at your sole risk. The Service and all products and Services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Advanced Pickleball Solutions LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise.
Because some states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Advanced Pickleball Solutions LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
For all intents and purposes, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
These Terms of Service are in effect until either you or we terminate them. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or if you stop using our site.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service or if we suspect that you have failed to comply, we may immediately terminate this agreement without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services. (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of those rights or provisions.
These Terms of Service and any additional policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service and any additional agreements whereby we provide you with Services shall be governed by and construed in accordance with United States law.
Section 19 - Modifications to Service Terms
This page provides access to the most recent version of the Terms of Service.
We reserve the right, at our sole discretion, to revise, alter, or replace any portion of these Terms of Service by publishing updates and modifications on our website. It is your responsibility to periodically visit our website for updates. Your continued use of or access to our website or the Service after the posting of any modifications to these Terms of Service constitutes acceptance of those modifications.
SECTION 20 -- CONTACT DETAILS
Contact us at louis@advancedpickleballsolutions.com with any questions regarding the Terms of Service.
Below is our contact information: louis@advancedpickleballsolutions.com
By agreeing to Advanced Pickleball Solutions LLC's SMS marketing in the checkout and initiating a purchase or subscribing via our subscription tools, you consent to receiving recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a purchase requirement.
If you wish to opt-out of receiving text marketing messages and notifications, reply with "STOP" to any mobile message sent by us, or use the unsubscribe link included in each of our messages. You acknowledge and agree that alternative opt-out methods, such as the use of alternative words or requests, will not be considered acceptable. We do not charge for the service, but you are responsible for all text messaging charges and fees imposed by your wireless carrier. There may be messaging and data fees.
Please text HELP to the number you received messages from if you have any queries. For additional information, please contact us at
louis@advancedpickleballsolutions.com.
We reserve the right to modify at any time any telephone number or short code used to operate the service. You will be informed in such instances. You agree that any messages you send to a telephone number or short code that we have changed, including any STOP or HELP requests, may not be received, and that we are not responsible for honoring the requests contained in such messages.
You agree, to the extent permitted by applicable law, that we shall have no liability for any failed, delayed, or misdirected delivery of any information sent via the Service, any inaccuracies in such information, and/or any action you may or may not take in reliance on the information or Service.
We hold your right to privacy in high regard. Our Privacy Statement explains how we collect and utilize your personal information.
