https://app.termly.io/document/terms-and-conditions/5fbd6687-6449-4032-a326-70683677385e
AGREEMENT TO OUR LEGAL TERMS
We
are RR 603 LLC, doing business as Racquetpass ("Company," "we," "us," "our"), a company registered
in New York, United States at 180
N 7th St, Apt 502, Brooklyn, NY 11211.
We
operate the website https://www.racquetpass.com (the "Site"), as well as any other related products and services that
refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
We provide a platform that allows racquet
sport players, club operators, and equipment merchants to more seamlessly
string racquets.
You
can contact us by email at admin@racquetpass.com or by mail
to 180 N 7th St, Apt 502, Brooklyn, NY 11211, United
States.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and RR 603 LLC, concerning your access to and use
of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Update
note in the web application.
All
users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Services. If you are a minor, you must have
your parent or guardian read and agree to these Legal Terms prior to you using
the Services.
We recommend that you print a copy of these
Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
11. THIRD-PARTY WEBSITES AND CONTENT
16. MODIFICATIONS AND INTERRUPTIONS
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for all aspects of use including without limitation compliance
with all laws, if and to the extent such laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business
purposes only.
Your use of our Services
Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section
below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the
Services; and
- download or print
a copy of any portion of the Content to which you have properly gained
access.
solely
for your personal, non-commercial use or internal business purposes.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: admin@racquetpass.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and
contributions
Please review this section and
the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other
material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be
viewable by other users of the Services and possibly through third-party
websites.
When you post Contributions, you
grant us a license (including use of your name, trademarks, and
logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what you
post or upload: By sending us
Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
- confirm that you
have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload,
or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the extent
permissible by applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
- warrant that any
such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and
represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your
Submissions and/or Contributions and you expressly agree to reimburse
us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party�s intellectual property rights, or (c) applicable
law.
We may remove or edit your
Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove or
edit any Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your
account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights
of others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please immediately
refer to the "COPYRIGHT INFRINGEMENTS" section
below.
By
using the Services, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with
these Legal Terms; (4) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We
accept the following forms of payment:
-
Visa
-
Mastercard
-
American Express
-
Discover
-
PayPal
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You
agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order. If
your order is subject to recurring charges, then you consent to our charging
your payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable
order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We
reserve the right to refuse any order placed through the Services. 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 payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6. CANCELLATION
You can cancel your subscription at any time
by contacting us using the contact information provided below. Your
cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please
email us at admin@racquetpass.com.
7. PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed
or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party�s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
- Delete
the copyright or other proprietary rights notice from any Content.
- Attempt
to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1�1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
- Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
- Except
as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch
any unauthorized script or other software.
- Use
a buying agent or purchasing agent to make purchases on the Services.
- Make
any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
8. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us,
the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2)
to re-categorize any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor
your Contributions.
10. SOCIAL MEDIA
As
part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such account,
a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Services via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with
the Third-Party Account. Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through
your account on the Services. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Services. You can deactivate the connection between the Services and
your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND
CONTENT
The
Services may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation,
to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy Policy: https://app.termly.io/document/privacy-policy/81e1a547-cebb-4cc6-910d-da594bf92492. By using the Services,
you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through
your continued use of the Services, you are transferring your data
to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
14. COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a "Notification"). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not
be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These
Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of New York applicable to
agreements made and to be entirely performed within the State of New
York, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost
of any dispute, controversy, or claim related to these Legal Terms (each
a "Dispute" and collectively, the "Disputes") brought
by either you or us (individually, a "Party" and collectively,
the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA�s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such
costs are determined by the arbitrator to be excessive, we will pay all
arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in the United States, New York County,
New York. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in
court rather than arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Kings
County, New York, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute brought by
either Party related in any way to the Services be commenced more than one
(1) years after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations
and Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations before
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE SIX (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00
USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys� fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
24. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
25. CALIFORNIA USERS AND
RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
27. CONTACT US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
RR 603 LLC
180 N 7th St, Apt 502
Brooklyn, NY 11211
United States
admin@racquetpass.com