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Terms of Service

Terms of Service

READ CAREFULLY. This Terms of Service Agreement applies to use of The Tennis Store website located at http://www.the-tennis-store.com (“Site”). The Site is owned and operated by The Tennis Store, LLC. Before you make any purchases, you must first establish a Customer Account. BY CHECKING THE "I AGREE TO THE TERMS OF SERVICE" BOX, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

The Tennis Store reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Service at any time. It is your responsibility to check this Terms of Service each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Service, which shall apply until we post a modified Terms of Service and then in accordance with such modified Terms of Service. As long as you comply with this Terms of Service and any such modifications, The Tennis Store grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.

1. Content and Copyright Notice. All media, text, images, graphics, user interfaces, photographs, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to The Tennis Store, and is protected by copyright. Except as expressly provided in this Terms of Service, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without The Tennis Store's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to copyrights with respect to any of the Content, and The Tennis Store reserves all rights not expressly granted hereunder. The Tennis Store expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a Customer Account. You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify The Tennis Store immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Tennis Store or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information by clicking on the “Update Address” link when checking out. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that The Tennis Store may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Service, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that The Tennis Store will not be liable to you or to any third party for termination of your access to the Site.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While The Tennis Store takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL The Tennis Store OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE TENNIS STORE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent To Our Communication With You By E-Mail. By establishing a Customer Account with us, and each time you make a purchase through our Site, you grant permission for The Tennis Store to contact you at your e-mail address. To stop receiving our marketing emails, follow the opt-out procedures set forth in such marketing emails.

5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with either a valid e-mail address registered to an active Paypal or Google Checkout account, or a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Paypal, Google Checkout, VISA, MasterCard, American Express, or Discover. Unless expressly set forth on The Tennis Store site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Service to determine your rights and liabilities as a cardholder. YOU, AND NOT THE TENNIS STORE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify The Tennis Store of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If The Tennis Store does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Tennis Store or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Tennis Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York State.

7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Tennis Store reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Tennis Store further reserves the right any time after receipt of your order, without prior notice to you, to limit or cancel quantities purchased per person, per household or per order. Your order will be deemed accepted by The Tennis Store upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order. The Tennis Store is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

8. No Responsibility To Sell Mispriced Products Or Services. The Tennis Store shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Tennis Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Tennis Store shall immediately issue a credit to your credit card account in the amount of the charge.

9. Modifications to Prices or Billing Terms. THE TENNIS STORE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Indemnification. You agree to indemnify and hold harmless The Tennis Store and its affiliates, service providers, other End Users, distributors, employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Service, or your violation of any law, regulation or third-party right.

11. Disclaimer of Warranties. By using the Site, you expressly agree that use the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. Neither The Tennis Store nor its affiliates, officers, directors, employees, or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither The Tennis Store nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, The Tennis Store makes no representation that content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. The Tennis Store and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Best Buy or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

12. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL THE TENNIS STORE OR ANY OF THEIR EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, WITH THE DELAY OR INABILITY TO USE THE TENNIS STORE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TENNIS STORE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE TENNIS STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF SERVICE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT THE TENNIS STORE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO THE TENNIS STORE BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THE TENNIS STORE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF SERVICE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

13. General.
(a) These Terms of Service and any transactions made under them shall be interpreted by and be subject to the laws of the State of New York.
(b) In the event any section or portion of a section of these Terms of Service are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Service, and the remaining terms shall continue in full force and effect.
(c) The Tennis Store shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d) These Terms of Service may be modified from time to time by The Tennis Store without notice, and are current 02as of the date of the web site. Please refer to the current web site.