Effective Date: January 1, 2025
Effective Date: January 1, 2025
Welcome to Ballers! These Terms of Service ("Terms") govern your use of our website, products, and services (the "Services"). By accessing or using our website and Services, you agree to comply with these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing or using Ballers (the "Site") or engaging with any of our Services, you agree to abide by these Terms and any additional guidelines or rules posted on the Site. If you do not agree to these Terms, please refrain from using our Site.
2. Changes to Terms
Ballers reserves the right to update or modify these Terms at any time without prior notice. Any changes will be posted on this page, with the updated date at the top. Your continued use of the Site after changes have been posted constitutes your acceptance of the updated Terms.
3. Use of the Services
You agree to use the Services in a manner that is lawful, ethical, and in line with our community standards. You must not:
- Engage in any activities that interfere with or disrupt the functioning of the Site or the Services.
- Use the Services for any unlawful, fraudulent, or harmful purpose, including but not limited to using the Site for illegal betting or activities related to pickleball match-fixing.
- Attempt to gain unauthorized access to the Site’s systems or servers.
Ballers reserves the right to suspend or terminate your account if you violate these Terms.
4. Account Registration and Security
To access certain Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Ballers of any unauthorized use or breach of your account security.
5. Products and Purchases
Ballers offers a variety of pickleball-related products and services, including but not limited to pickleball paddles, apparel, and instructional content. When purchasing products from our Site, you agree to:
- Provide accurate and complete information for your orders.
- Pay for all products or services purchased through your account.
- Be bound by our refund and return policy, which is available on our Site.
Ballers reserves the right to refuse any orders that appear to be fraudulent or suspicious.
6. Content Ownership and License
All content available on Ballers, including text, graphics, logos, images, and videos, is the property of Ballers or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the content for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, or create derivative works based on any content from the Site without prior written consent from Ballers.
7. User-Generated Content
Ballers encourages users to share their pickleball stories, tips, and experiences through comments, reviews, and other user-generated content ("UGC"). By submitting UGC, you grant Ballers a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with our Services.
You agree that your UGC:
- Does not infringe on any third-party rights.
- Is not harmful, defamatory, or otherwise inappropriate.
- Complies with all applicable laws and regulations.
Ballers reserves the right to remove any UGC that violates these Terms or our community guidelines.
8. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information when you use our Services.
9. Limitation of Liability
To the fullest extent permitted by law, Ballers shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Site or Services, even if Ballers has been advised of the possibility of such damages.
In no event shall Ballers' total liability to you exceed the amount you paid to us for the Services.
10. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or in connection with these Terms or the use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
You agree that any disputes will be resolved on an individual basis, and class actions are not permitted.
11. Termination
Ballers may suspend or terminate your access to the Site and Services at any time, without prior notice, for any reason, including but not limited to violation of these Terms. Upon termination, you must cease all use of the Services.
12. Indemnification
You agree to indemnify, defend, and hold harmless Ballers, its affiliates, and its officers, directors, employees, agents, and licensors from any claims, liabilities, damages, and expenses arising out of your use of the Site or Services, your violation of these Terms, or your infringement of any third-party rights.
13. Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms or the use of the Services shall be brought exclusively in the courts located in Pennsylvania.
14. Ballers SMS Program
By opting in to the Ballers SMS Program, you agree to receive recurring text messages from Ballers at the mobile number you provided.
Messages may include club updates, membership information, booking and reservation updates, upcoming programs and events, promotions and special offers, reminders, and other Ballers-related communications.
Message frequency varies. Message and data rates may apply. Consent to receive marketing text messages is not a condition of purchase.
15. SMS Opt-Out and Help Instructions
You may cancel the SMS service at any time by replying STOP to any text message from Ballers. After sending STOP, you will receive a confirmation message indicating that you have been unsubscribed. Following this confirmation, you will no longer receive SMS messages from the Ballers SMS Program unless you opt in again.
For assistance, reply HELP to any Ballers text message or contact us at lfg@ballers-us.com or (267) 761-4288.
16. Message & Data Rates
Message and data rates may apply for messages sent to you from Ballers and messages you send to Ballers. Message frequency varies.
For questions about your text or data plan, contact your wireless provider.
Opting out of text messages does not affect other forms of communication you may have requested or consented to receive from Ballers.
17. Carrier Liability Disclaimer
Wireless carriers are not liable for delayed or undelivered messages.
18. SMS Privacy
Ballers respects your privacy. Mobile information, including phone numbers and SMS opt-in data and consent, will not be shared, sold, rented, or disclosed to third parties or affiliates for their marketing or promotional purposes.
For additional information about how Ballers collects, uses, and protects personal information, please review our Privacy Policy.
19. Age Restriction (18+)
This website and its Services are intended for individuals 18 years of age or older. By submitting your information, you confirm that you are at least 18 years old.
20. Contact Us
If you have any questions or concerns about these Terms, please contact us at lfg@ballers-us.com.
For privacy-related inquiries, please refer to our Privacy Policy.
