Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between the individual accessing or using the below-defined Website ("You" or "you") and Gotham Pickleball LIC LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of http://gotham-pickleball.com (the "Website") including any content, functionality and services offered on or through the Website, including any mobile application thereof, whether as a visitor/guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website to arrange services, make reservations or enter into any membership or other contractual agreements with us ("Services") relating to any pickleball location operated by us, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website for Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the section headed Governing Law and Jurisdiction will not apply to any disputes arising on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security relating to the Website or its use. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable Website access, or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not exploit, use, transfer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further use, exploitation, reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide you and your username with certain content, you may take such actions as are enabled by such features but limited by the Privacy Policy.

You must not:

• Modify copies of any materials from this site.
• Use, publish in any form or disseminate any illustrations, photographs, video or audio sequences or any graphics or accompanying text except as necessary to use the Website for your own personal, non-public, non-commercial use in compliance with these Terms of Use.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access, exploit or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@gotham-pickleball.com. Such requests may be denied by us in our sole discretion.

If you print, copy, modify, download or otherwise use or exploit the Website in contravention of these Terms of Use or applicable law, or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, its underlying intellectual property or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company and/or its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm any person or entity, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use and applicable law.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, automated tools or similar data gathering, data harvesting, and extraction methods, directly or indirectly on the Website to collect any information from the Website or any other user of the Website, including monitoring or copying any of the material on the Website.
• Use any process to monitor, copy, or scrape any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, spyware, adware or other malicious computer code, file or program that is harmful, invasive, or is otherwise intended to hijack the operation of, or monitor the use of, the Website or its users, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Use of Gotham Pickleball Facilities and Services

General Use. You agree and understand that You will only use a Gotham Pickleball Facility ("Facility") reserved through the Website and related Services ("Services"): 1) in a manner that complies with the applicable laws of the location where You are using them; 2) for personal and non-commercial uses; (3) in compliance with the rules and regulations of the Facility You are using; and 4) in compliance with these Terms of Use.

Guests. You agree and understand that any guests You invite and/or allow to use a Facility and Services ("Guests") must also comply with the requirements in these Terms of Use and that ultimately it is Your responsibility to ensure that they do. You are responsible for any Guests You invite to use a Facility, including their conduct and compliance with the requirements of these Terms of Use. You are responsible for ensuring that you and Your Guests sign the waiver of liability form on our Website, available at the Website. You agree to be responsible for any damage or violation that occurs as a result of the behavior of You or Your Guests. It is Your responsibility to inform Your Guests of our policies and ensure that they abide by them. You agree You will not allow Your Guests to use a Facility without Your physical attendance at all times.

Prohibited Activities. You agree that neither You nor any of Your Guests shall:

• Use any Facility for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to properly engaging in the sport of pickleball or which is reasonably likely to reflect negatively on us.
• Smoke or vape in the Facility or allow any candles, incense sticks, or naked flames in them.
• Make excessive noise in the Facility, nor create any noise, music or loud sounds, nor conduct any other activity which would in our judgment disturb other players, guests, or other tenants in any building containing a Facility.
• Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in any Facility.
• Allow persons under the age of 18 to use a Facility without being accompanied by at least one adult supervisor over the age of 18, and at least one adult supervisor for every four minors.
• Charge any fee to any person in connection with the use of a Facility, whether for private lessons or otherwise, without our express written consent.
• Treat other users of a Facility in a discourteous, disrespectful or inappropriate manner.
• Fail to wear appropriate clothing, including failing to wear: a shirt; pants or skirt/shorts, or a dress; and athletic footwear.
• Wear clothing bearing obscene content or images.

Responsibility for Personal Property. We are not responsible for any property of You or Your Guests while being used, or if left behind.

License. You acknowledge that Your use of a Facility constitutes a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to the terms in this Terms of Use. In its sole discretion and without limiting any other rights hereunder, we may restrict, suspend, or terminate Your access to a Facility in the event violation of these Terms of Use or for any other lawful reason in Company's discretion.

Damages, Repairs and Cleaning. You are responsible for leaving the Facility in the condition it was in when You arrived. You are responsible for the cost of repair for damage to, or necessary cleaning of a Facility resulting from Your or Your Guests' violation of the terms of these Terms of Use in excess of normal "wear and tear." If we, in our reasonable discretion, determine that excessive repair or cleaning is required, we reserve the right to charge the payment method designated in Your Account for the reasonable cost of such repair and/or cleaning, as well as an additional administrative fee which shall not exceed $500 US Dollars per occurrence, and You agree to be responsible for payment of same. Any such amounts are non-refundable.

Registration

In order to access any Facility or use any of our Services, You need to create an account through our Website or its application ("Account"). You agree You will not authorize any other person to use Your Account or transfer Your Account to them. You are responsible for all activity that occurs on or through Your Account.

To create an Account, You will be asked to provide us with certain of Your personal information, including Your name. In order to access any Facility or any of the Services You will be asked to provide additional information such as Your email address, mobile telephone number and credit card information. We use a third-party payment processor, Stripe (the "Payment Processor") to process payments or credits in connection with Your use of the Services. Your payment for any Services will also be subject to the terms, conditions and privacy policies of the Payment Processor and Your credit card issuer. We are not responsible for any errors, omissions or damages caused or made by the Payment Processor. Further details about the personal information we collect and how we use it are set out in our Privacy Policy.

You agree to maintain complete, accurate, and up-to-date information in Your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in Your inability to access and use our facilities and/or Services. We can suspend or terminate Your Account and/or to refuse any and all current or future use of our Facilities or Services for any reason, if You or Your Guests violate this Agreement or the Terms of Use in any respect, or provide information that is untrue, inaccurate, not current or incomplete.

Consent to and Acknowledgement of Video Surveillance and Video Recordings

For the safety and security of our members, staff, and Guests, our Facilities are monitored by video surveillance. You agree that by using a Facility that You consent to being recorded by these systems. A Facility may make use of video replay technology, which allows recording of Your activities at a Facility (for example, You may order a video replay of a specific shot). You consent to the use of our video replay technology and acknowledge that You, Your Guests, and others may be recorded on video. You also consent to the display of Your name, image, and likeness in any such recordings. We may use the recorded data for any lawful purpose, including but not limited to, research, development, analysis, marketing, and social media. We may also share the recorded data with third-party service providers who assist us in improving our service. We may retain the recorded data for as long as reasonably necessary to achieve the purposes for which it was collected, or as required by law. We may delete or anonymize the recorded data when it is no longer needed.

Payment Terms; Authorization Hold

Any fees which we may charge You for the use of the Facility or Services will be as set out on our Website referenced above or in its application at the time of purchase, are inclusive of any taxes payable, and are non-refundable except as specifically noted with respect to Your reservation or payment. We may change the fees in our sole discretion from time to time as will be noted on our Website.

When You make a reservation on our Website, we may place an authorization hold on Your credit or debit card to ensure that funds are available for payment. The hold amount will be equal to the total reservation amount, including any applicable taxes and fees. Please note that the authorization hold is not a charge, and the funds will not be debited from Your account at the time of reservation. The hold is simply a temporary hold on Your funds to ensure that they are available for payment when Your reservation is confirmed. The length of time that the authorization hold remains on Your account may vary depending on Your financial institution. Typically, holds are released within a few days of the reservation, but some financial institutions may take longer. Payment for Your reservation will be processed once the reservation is confirmed. If the reservation is not confirmed, the authorization hold will be released and the funds will be returned to Your account. If You cancel Your reservation within the allowed time period, the authorization hold will be released and the funds will be returned to Your account.

You agree that You shall be charged fees based on the length of time of Your booking of the Facility. If You exceed the amount of time for which You booked a Facility, then You shall be charged for such excess time. You do hereby consent to such excess time charges and to such overage charge.

If a credit card charge is declined, we will notify You to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of Your Account. If a payment is declined, refunded, cancelled, or charged back by Your credit card issuing bank, or another person, You are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation, or charge back. We reserve the right, at our sole discretion, to review and refuse a payment or the processing of a payment if we suspect any fraudulent activity or for any reason whatsoever.

Security of the Website

You shall not violate or attempt to violate the security of the Website, including without limitation, (a) accessing data not intended for visitors or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere with the proper working of the Website; (c) attempting to interfere with the availability of the Website to any representative, host or network, including without limitation, via means of submitting a virus to the site, overloading, "flooding", "mailbombing," or "crashing" the Site. You further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. Violations of system or network security may result in civil or criminal liability.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions posted by You and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or, in the opinion of the Company, could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, violative of the rights of others or of any applicable law, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send an email to support@gotham-pickleball.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or the Privacy Policy or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website brought by you shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in either federal or state court in New York City or in your county of residence within the United States or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's or your sole discretion, either party may require the other to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law and taking place in New York City, New York, on an individual and non-class action basis.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

This website is operated by Gotham Pickleball LIC LLC.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@gotham-pickleball.com.