These terms and conditions ("Terms", "Agreement") are an agreement between Tennis Mesh LLC ("Tennis Mesh LLC", "Tennis Mesh", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the tennismesh.com website, the Tennis Mesh mobile application, or any other platforms or services Tennis Mesh LLC may offer (collectively, the "Service" or our "Services").
You may not use our Services or submit personal information through our Services (for example, name or email address) if you are under the Minimum Eligible Age. The Minimum Eligible Age is (i) 13 (thirteen), or (ii) for users in the European Union, 16 (sixteen) (or the lower age that your country has provided for you to consent to the processing of your personal data). In any case, you may not use our Services or submit personal information through our Services if you are under the age that your country has provided for you to consent to the processing of your personal data. By using our Services and by agreeing to this Agreement you warrant and represent that you fulfill these criteria. You may only use our Services if you can form a binding contract with Tennis Mesh LLC and are not legally prohibited from using our Services. If you create an account on our Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit on our Services in the course of using the Service, however you hereby grant Tennis Mesh LLC a non-exclusive, worldwide, perpetual, transferable, irrevocable, sub-licensable, royalty-free right and license to use, store, host, modify, reproduce, publish, publicly perform, publicly display, translate, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Service, even after you cease to be a member of the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on our Services submitted or created using our Services by you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You agree that we, our affiliates, and our third party partners may place advertising on our Services.
You agree that Tennis Mesh LLC may use and share any suggestion or feedback submitted by you for any purpose without compensating you.
You agree that Tennis Mesh LLC may access, preserve, and disclose your account information, including your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Tennis Mesh LLC; (ii) enforce these Terms; (iii) respond to your requests for customer service; (iv) respond to claims that any content violates the rights of third parties; (v) protect and defend the rights or property of Tennis Mesh LLC; (vi) protect the personal safety of users of our Services, or the public.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Services or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Services should be taken to indicate that all information on our Services or on any related Service has been modified or updated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Tennis Mesh LLC with respect to such other services. Tennis Mesh LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective Websites and Services. By enabling any other services, you are expressly permitting Tennis Mesh LLC to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform backups of some of our Services, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We assume no responsibility for this duty.
During use of our Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through our Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Although our Services may link to other Websites and Services, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked Websites and Services, unless specifically stated herein. Some of the links on our Services may be "affiliate links". This means if you click on the link and purchase an item, Tennis Mesh LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their Websites and Services. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any Websites and Services which you access through a link from our Services. Your linking to any other off-site Websites and Services is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using our Services or its Content: (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 Services, other Websites and Services, 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 Services, other Websites and Services, or the Internet. We reserve the right to terminate your use of the Service or any related Websites and Services for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by Tennis Mesh LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Tennis Mesh LLC. All trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Tennis Mesh LLC or Tennis Mesh LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third-parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Tennis Mesh LLC or third-party trademarks.
You agree that your use of our Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim 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. We make no warranty that our Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our 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 such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Tennis Mesh LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Tennis Mesh LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Tennis Mesh LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to our Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Tennis Mesh LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Tennis Mesh LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of our Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Massachusetts, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Boston, Massachusetts, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its policies relating to our Services at any time, effective upon posting of an updated version of this Agreement on our Services. When we do, we will revise the updated date at the bottom of this page. You are responsible for regularly checking this page for any changes. Continued use of our Services after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using our Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Services.
If you have any questions about this Agreement, please contact us at https://www.tennismesh.com/contactus
This document was last updated on August 10, 2019