Terms Of Use

Trickshot Tennis Terms of Use Agreement

We have worked hard to make the Trickshot Tennis experience relevant to users – informative, helpful, honest and interesting. Hopefully, we've done this for you. One of the things that make the Trickshot Tennis experience work so well is that we do things by agreement.
This Agreement gives the User the right to participate in the Trickshot Tennis experience within the domain of Trickshot Tennis.com and Trickshot Tennis the company and to make use of its tools and resources. Trickshot Tennis is an Internet-based online information resource and directory of businesses, comprised of a town of businesses, together with content such as a forum of professionals, member's resource center, individual professional sites (Site) that include relevant articles, interlinking network of sites, and a newsletter (all hereinafter referred to as "Trickshot Tennis"), subject to the terms and conditions of this User Agreement ("Agreement").

This Agreement is between its Parties, you as an authorized, subscribing user of Trickshot Tennis ("You" or "User") and Trickshot Tennis.
For value received the Parties agree to the following terms and conditions:

By using Trickshot Tennis, you confirm your acceptance of, and agree to be bound by the entire Agreement. You agree to abide by its provisions.

1. You agree with the following disclaimer: The opinions expressed on this site are the opinions of the participating Trickshot Tennis User. Trickshot Tennis acts only as a passive conduit for the online distribution and publication of User-submitted material, content and/or links and expressly DOES NOT endorse any User-submitted material, content and/or links or assume any liability for any actions of the participating User.
2. If you choose to use materials or content found in the member's area, you use the materials or content at your own risk.

3. You agree not to attack personally Site-Owners, authors, customers, vendors, or others. You may disagree with others provided your tone is respectful and you do not resort to personal attacks.

4. You may comment on your competitors, but you agree to do so respectfully without ridiculing, defaming, or libeling them in any way.

5. You agree not to post any material that is obscene, defamatory, profane, libelous, threatening, harassing, abusive, hateful or embarrassing to another person or any other person or entity.

6. You agree not to post advertisements, solicitations and/or market and/or promote any chain letters or pyramid schemes.

7. You agree not to post any material that is copyrighted unless:
a. You are the copyright owner, 
b. Have the express, written permission of the copyright owner to post the copyrighted material on your Site, or 
c. Are reasonably sure that the use of any copyrighted material conforms to the doctrine of "fair use."

8. You agree not to post any material that violates the privacy or publicity rights of another.

9. You agree not to post material that contains viruses, Trojan horses, worms, time bombs, cancel sites or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.

10. You agree not to post or conduct any activity that fails to conform with any and all applicable local, state and/or federal laws, including, without limitation, 15 U.S.C. 6501 et seq. (the "Children's Online Privacy Protection Act of 1998").

11. You acknowledge that any reliance on material, content and/or links posted by other parties will be at your own risk. You assume full legal responsibility and liability for all actions arising from your posts.

12. The Trickshot Tennis administration of your posts does not constitute control of free speech. You are free to post content on any site you wish; however, the company is not obligated to link to any site that Trickshot Tennis does not believe is in the best interest of the company.

13. Trickshot Tennis neither represents nor guarantees the truthfulness, accuracy or reliability of any content, including links to other content, posted by you or a commenter anywhere on Trickshot Tennis. Trickshot Tennis does not endorse any opinions expressed by or affiliated with any commenter.

14. Trickshot Tennis acts as a passive conduit for the online distribution and publication of User-submitted material, content and/or links and has no obligation to screen communications or information in advance. Trickshot Tennis is not responsible for screening or monitoring material, content and/or links posted by readers.If Trickshot Tennis, however, is notified or becomes aware of material, content and/or links on your site that allegedly do not conform to these terms and conditions, Trickshot Tennis may investigate such allegation and endeavor to determine in good faith and in its sole discretion whether to request the removal of such content.

15. Trickshot Tennis has no liability or responsibility for performance or nonperformance of such monitoring and/or screening activities. Trickshot Tennis, however, reserves the right to take appropriate action for any violation of the terms and conditions set forth herein or any violation of any applicable local, state or federal law.

16. If you have any questions about the above terms and conditions, we strongly urge you to check with Trickshot Tennis before making your post public if you feel that there may be a problem. If you violate the terms and conditions, you will be notified by Trickshot Tennis. You will be expected to edit or change the content.

17. Trickshot Tennis encourages users to seek the services of appropriate professionals as a solution to any issues or problems, crises, or need for personal assistance or professional counseling and not to rely upon or take action in their lives based on articles posted on the Site sites.

18. You are of legal age in your state of residency.

19. You have no authority to bind Trickshot Tennis to any obligation.

20. Except for any property provided by the User, copyrighted or trademarked by the User or third parties, all online materials on the Trickshot Tennis site, including,without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Trickshot Tennis. You, the visitor, may download Online Materials for your use only provided you:
a. Retain all copyright, trademark and propriety notices, 
b. You make no modifications to the materials, 
c. You do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 
d. You do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.

21. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Trickshot Tennis site. Any attempts to modify any online material, or to defeat or circumvent our security features is prohibited.

22. If any third party intellectual property rights are used in the Site material the User shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the User and Trickshot Tennis.

23. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Trickshot Tennis or third-party licensors for your use only on your Site at Trickshot Tennis. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

24. The content posted on your individual Site, including all articles, remarks, suggestions, ideas, graphics, comments, or other information shall be copyrighted by you or by third parties and may not be used by Trickshot Tennis without permission from you or the third parties.

25. All articles, remarks, suggestions, ideas, graphics, comments, or other information that is not copyrighted by the User or third parties, that is sent to Trickshot Tennis through our site (other than your individual Site): Trickshot Tennis portal, the forum, the newsletter, members area, or directories (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated. That means that we don't have to treat any such submission as confidential. You may not sue us for using ideas you submit. TRICKSHOT TENNIS SUGGESTS THAT YOU DO NOT POST MATERIAL THAT IS NOT COPYRIGHTED THAT CONTAINS IDEAS OR CONCEPTS THAT YOU DO NOT WANT TO BE INCLUDED INTO THE PUBLIC DOMAIN. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Trickshot Tennis plan, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

26. We sometimes provide references to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Trickshot Tennis.com-operated site or have moved to another site. Trickshot Tennis is not responsible for the content or practices of third party sites that may be linked to our site. When Trickshot Tennis provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Trickshot Tennis is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Trickshot Tennis site or endorsement, sponsorship or support of Trickshot Tennis, including its respective employees, agents or directors.

27. If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

28. You understand and agree that the liability of Trickshot Tennis and its officers, directors, and shareholders to User for any claim whatsoever shall not exceed and shall be limited to the amount paid by the User for Trickshot Tennis products. In no event shall Trickshot Tennis be liable to any User for any incidental, exemplary, special, or consequential damages.

29. This agreement, constitutes the entire agreement between you and Trickshot Tennis, and no other promises, representations, guarantees, or agreements of any kind shall be valid unless in writing signed by the parties, except as provided herein.

30. You understand and agree that all claims and disputes relating to this Agreement, the rights and obligations of the parties or any other claims or causes of action relating to the performance by either party under this Agreement shall be settled totally and finally by arbitration according to the Federal Arbitration Act and the Commercial Rules of the American Arbitration Association.

31. Notice shall be deemed given when delivered in person or when deposited in the U.S. Mail or commercial delivery service to either party at the address specified in this Agreement.

32. If under any applicable law or rule of jurisdiction, any provision of this Agreement is held to be invalid or unenforceable, then Trickshot Tennis shall have the right to modify such provision as required to make it valid or enforceable.

33. YOU ACKNOWLEDGE THAT TRICKSHOT TENNIS MAY TERMINATE YOUR USERSHIP FOR YOUR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

34. You may engage in use of the online discussion, participate in the download files, and otherwise use Trickshot Tennis as permitted by this Agreement, Trickshot Tennis's policies regarding use of Trickshot Tennis and applicable law. Trickshot Tennis's policies relating to online conduct, conferences, forums and other matters are available online in individual professional sites; however, Trickshot Tennis reserves the right in its sole discretion to change Trickshot Tennis's policies at any time.

35. You agree to:
a. Not hold Trickshot Tennis responsible for the maintenance of any equipment required for your access to and use of Trickshot Tennis; and 
b. Maintain the security of your Trickshot Tennis User Name, password and other confidential information relating to your Trickshot Tennis account. 
c. You must also promptly notify Trickshot Tennis if you become aware of any authorized disclosure or use of your User Name or password.

36. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Trickshot Tennis in accordance with this Agreement.

37. You may allow other members of your household to use your Trickshot Tennis account.

38. You agree to be financially responsible for your use of Trickshot Tennis (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. You acknowledge that you are aware that some areas of Trickshot Tennis may contain material that is unsuitable for minors, for instance, a therapist might submit an article about the emotional consequences of sexual harassment. You agree to supervise usage by minors whom you permit to use your Trickshot Tennis account. Statements made in articles and forums reflect only the views of their authors. However, no pornography is allowed anywhere in Trickshot Tennis.

39. Advice received via Trickshot Tennis should not be relied upon for personal, health or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

40. TRICKSHOT TENNIS (INCLUDING, WITHOUT LIMITATION, ALL OF ITS CONTENT RELATED SOFTWARE AND SERVICES) IS PROVIDED "AS IS," AND TRICKSHOT TENNIS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. TRICKSHOT TENNIS DOES NOT WARRANT THAT ACCESS TO OR USE OF TRICKSHOT TENNIS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TRICKSHOT TENNIS OR ITS RELATED SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. TRICKSHOT TENNIS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY. ALSO, THERE IS NO WARRANTY OF TITLE, AUTHORITY OR NON-INFRINGEMENT. YOUR USE OF TRICKSHOT TENNIS AND ALL ITS RELATED SOFTWARE, SERVICES, AND ANY AND ALL ASPECTS OF ON-SITE CONSULTING IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FROM ABOVE AND RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING RELATED SOFTWARE) OBTAINED THROUGH TRICKSHOT TENNIS.

41. YOU AGREE THAT TRICKSHOT TENNIS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY ASPECT OF TRICKSHOT TENNIS PRODUCTS OR SERVICES OR ANY RELATED SOFTWARE OR SERVICES INCLUDING CONTENT PROVIDED BY PROFESSIONALS ON THEIR INDIVIDUAL SITES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF TRICKSHOT TENNIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TRICKSHOT TENNIS'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF TRICKSHOT TENNIS. YOU HEREBY RELEASE TRICKSHOT TENNIS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES AND CONDITIONS TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

42. The name, address and payment information that you provide when you subscribe to Trickshot Tennis, together with information regarding the manner in which you use Trickshot Tennis, will not be processed or disclosed by Trickshot Tennis except as permitted by this Agreement.

43. You agree to indemnify Trickshot Tennis from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Trickshot Tennis account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users and infringement of intellectual property or other rights. Trickshot Tennis will notify you promptly of any claim for which Trickshot Tennis seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Trickshot Tennis's interests, as reasonably determined by Trickshot Tennis.

44. You agree that locator information for you may be gathered, processed or used in the following instances:
a. First, Trickshot Tennis may use the locator information for the billing and collection of charges due pursuant to this Agreement, and as is necessary for its enforcement of any of the terms of this Agreement; 
b. Second, Trickshot Tennis may use locator information to notify you directly of special offers and communications regarding its products.

45. By becoming a User, you agree that Trickshot Tennis may share with other parties such aggregate information and limited individual information gathered during your use of Trickshot Tennis. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of Users as a group but does not indicate the identity of particular Users. "Individual information" is information about a User presented in a form distinguishable from information relating to other Users but not in a form that enables the recipient to personally identify any User.

46. You also agree that locator information about you may be gathered, processed or used as provided in "Locator information" consists of a User's name, email address, physical address and/or other data that enables the recipient to personally identify the User.

47. This Agreement takes effect on the date on which you first use Trickshot Tennis and continues until you stop using Trickshot Tennis or your usage is terminated either by you or by Trickshot Tennis.

48. The laws of the State of California, USA govern this Agreement and no other state or jurisdiction, and if arbitration fails you consent to the exclusive jurisdiction and venue of courts in Contra Costa County, California in all disputes arising out of or relating to your use of Trickshot Tennis or your Trickshot Tennis subscription. If arbitration fails, or if an action is brought to enter an arbitration award, the exclusive jurisdiction and venue shall be in the California Superior Court for the County of Contra Costa, California, or in the case of complete diversity of citizenship, in the federal district court for Northern California in Oakland, Calfornia.

49. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

50. Trickshot Tennis's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Trickshot Tennis's right to comply with law enforcement requests or requirements relating to a User's use of Trickshot Tennis or information provided to or gathered by Trickshot Tennis with respect to such use.

51. Your Trickshot Tennis subscription is personal. You agree not to assign, transfer or sublicense your rights as a User.

52. Notices given by Trickshot Tennis to you will be given in writing by Email, or by conventional mail.

53. In any matter requiring Trickshot Tennis's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Trickshot Tennis.
54. Your notice to Trickshot Tennis shall be given by Email, or by conventional mail. Notices to Trickshot Tennis by conventional mail shall be sent to PO Box 458, Walnut Creek, CA 94597.

55. You are a "User" having access to the Site only under these terms and conditions.
I UNDERSTAND THAT BY USING THE SERVICES OF Trickshot Tennis THAT MY USE BINDS ME IN THE SAME WAY THAT SIGNING A PAPER CONTRACT BINDS ME.

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