1. Your Pickleballers Account

By registering an Account, you agree to the following terms: 

1. You are responsible for maintaining the confidentiality of your Account and login credentials. 
2. You are responsible for all activities that occur under your Account, whether by you or by anyone else who uses your login credentials. 
3. We reserve the right to temporarily suspend or permanently terminate your Account or Content if we determine that you or anyone on your behalf is using your Account in violation of these Terms. 
4. You may modify your Account information or terminate your Account through the Services or by contacting our support at support@Pickleballers.io. 
5. As an Editor, you may decide how much your readers will pay for your Content or allow readers to make voluntary monetary contributions to access your Content, and your Content may reach more readers, subject to your continued compliance with our Content Rules.

2. Content

You may create, share, and publish Content (such as text, audio, video, links, and other materials) with other Users of the Services through your Account, provided that said Content does not violate our Content Rules. In the event that any Content is found to violate our Content Rules, Pickleballers reserves the right to remove the violating Content, revoke your eligibility to maintain an Editor Account, suspend or terminate your Account, or notify the applicable law enforcement authorities of any unlawful acts.

Pickleballers may implement measures to monitor the Content published through the Services, however, it cannot take responsibility for such Content. Pickleballers does not guarantee the availability of any specific Content, nor is it responsible for, and explicitly disclaims, the availability, substance, suitability, legality, accuracy, sufficiency, truthfulness, usefulness, quality or any other aspect pertaining to the Content, your access, enjoyment and use thereof. Pickleballers will have no liability to you for any unavailability of Content due to restrictions by other Users or other legal or policy reasons.

You acknowledge and agree that Pickleballers shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of, access to or reliance on any Content made available in connection with the Services.

3. Pickleballers Points

Pickleballer Points ("Points") may be used to pay for Content available on the Services. The current value of a Point is $0.01 USD. Pickleballers is not responsible for any lost, stolen, destroyed, or unauthorized use of Points. Users are responsible for protecting their Points from unauthorized use. Pickleballers does not bear any liability for any unlawful or fraudulent transactions completed using Points held in an Account, or for the validation of Account owners that a User gifts or tips Points through their Account. Pickleballers reserves the right to monitor transactions for the purchase, gifting, or use of Points, and deny, suspend, or revoke such transactions at any time if it suspects, in its sole discretion, that a transaction is fraudulent, unlawful, or violates the Terms. This includes, but is not limited to, in the event that Pickleballers suspects that a User breached the Content Rules by pretending to be someone else or attempting to deceive people about the identity of the Account owner. In such cases, Pickleballers may temporarily or permanently suspend the relevant Account(s), report the suspected unlawful activity to the applicable authorities, and/or foreclose any Points earned in connection with such violation.

4. Purchasing and Earning Pickleballer Points

Pickleballer Points may be purchased with U.S. Dollars via credit card or other payment methods that may be made available from time-to-time through the Services. Pickleballers may also provide the opportunity to earn Pickleballer Points from other Users through tipping or Points-paywall. Additionally, Pickleballers may provide Promotional Points to Users. While Pickleballers strives to offer the best Points system available, it retains the right to modify the system at any time, without prior notice. 

Further, Pickleballers may offer an automatic purchase option, allowing Users to specify a threshold at which their Points Balance falls below, and a corresponding amount of Points to be purchased. Additionally, Users may opt for a recurring purchase of Points on a period basis, e.g., monthly. By enrolling in automatic purchases, Users authorize Pickleballers to automatically charge their payment method.

Gifting Pickleballer Points

It is possible to purchase Pickleballer Points as a gift for another User. When purchasing Pickleballer Points as a gift, the User must provide the recipient with the gift code to redeem the Points in the recipient's own name. The Pickleballer Points cannot be transferred from the purchaser's Points Balance to the recipient. Before the recipient can claim the Pickleballer Points and receive them in their Points Balance, the recipient's identity must be verified.

Withdrawing Pickleballer Points

The minimum withdrawal amount is $50. Withdrawal requests must be completed in U.S. Dollars, and any fees associated with the withdrawal will be deducted from the total amount withdrawn. All withdrawal requests must be made using the Services, and any requests made outside the Services are void. Pickleballers reserves the right to refuse any withdrawal request in its sole discretion. Pickleballers is not responsible for any fees imposed by financial institutions as a result of a withdrawal request. All withdrawal requests are subject to verification and approval by Pickleballers and its service providers. Withdrawals may take up to five business days to complete.

Payment and Withdrawal Processing

From time to time, Pickleballers may choose to grant users a Promotional Points balance in connection with specific actions or when registering an Account. Promotional Points cannot be withdrawn and may expire earlier than other Points associated with an Account. The exact expiration date for Promotional Points will be disclosed at the time they are granted. If an Account includes both Promotional Points and Points that have been purchased, the Promotional Points will be used first.

Refunds of Pickleballer Points

The purchaser of Points is eligible for a full refund within 30 days of the original purchase date, provided that the full amount of Points purchased has not been used. For example, if 100 Points are purchased, the refund will be granted if all 100 Points are unused within 30 days of the date of purchase.

5. Your Use of the Services

The use of the Services and Content provided by Pickleballers is subject to the following restrictions: 

1. You may not copy, replicate, scrape, modify, create derivative works of, readapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the Materials or Content available on the Services and any other information, documents, files and data available on the Service (collectively, the “Materials”). 
2. You may not publicly display, perform, or distribute the Materials in violation of these Terms. 
3. You may not make any use of the Content on any other website or networked computer environment without the prior written consent of Pickleballers.
   
4. You may not create a browser or border environment around the Services and/or Materials, and/or frame or mirror any part of the Services.
5. You may not remove or delete copyright notices and signs indicating proprietary rights of Pickleballers, including copyright mark (©) or trademark (® or ™). 
6. You may not transmit, distribute, display or otherwise make available through or in connection with the Service any Materials, which may infringe third party rights, including intellectual property and privacy rights, or which may contain any unlawful content. 
7. You may not transmit or otherwise make available in connection with the Service, and/or use the Services to distribute and/or otherwise transmit any spam, virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
8. You may not interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks. 
9. You may not use the Materials and/or the Service for any illegal, immoral or unauthorized purpose. 
10. You may not use the copyrighted work of others without permission from the copyright owner or unless it is allowed by the “fair use” doctrine recognized by certain jurisdictions across the globe. 
    Violation of these restrictions may, at Pickleballers's sole discretion, result in the suspension and/or termination of your access to the Services and may also expose you to civil and/or criminal liability. The Services are also not available to any persons restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

6. Privacy Policy

By using our Services, you acknowledge that you have read and understand our Privacy Policy and agree to be bound by its terms. If you do not agree to the terms of our Privacy Policy, please do not use the Services.

7. Intellectual Property Rights

The Pickleballers Services, and all intellectual property rights therein, including logos, trademarks, graphics, icons, selection, assembly and arrangement, the Materials, Pickleballers's trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” and any part thereof), and all Feedback (collectively, the “Pickleballers Intellectual Property”) are and shall remain the sole property of Pickleballers or its licensors. Subject to User's compliance with these Terms, Pickleballers grants User a limited, personal (for User's personal non-commercial uses), not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at Pickleballers's discretion, license to access and use the Service and any Materials by displaying the Service and Materials on User's computer and/or mobile device. User hereby agrees that upon Pickleballers's request, User will immediately return and purge from User's systems all materials and copies of the same, collected, created or used in breach of these terms.

All trademarks, Services marks, trade names and logos which may appear on or in connection with respect to the Services belong to their respective owners and are referred to as “Third Party Marks.” No right, license, or interest to the Pickleballers Intellectual Property or Third-Party Marks is granted hereunder.

As between Pickleballers and User, User shall remain the owner of the original Content submitted and published under the Services. By providing Content to the Services, User grants Pickleballers a non-exclusive, worldwide, assignable, sub-licensable, royalty-free, fully paid license to (i) publish and make the Content publicly available including in connection with the Services and/or with other social media platforms at User's choice; and (ii) use, modify, and make derivatives works of the Content in any way including to develop and enhance the Services.

User may request to remove User's Content from the Services at any time. Following such request, Pickleballers will, within a reasonable timeframe, remove the Content and it will no longer be publicly displayed or available to other Users through the Services. Content will not be removed in the following instances: (a) where Users purchased User's Content using their Pickleballers Points (in such case, only those certain Users who purchased the Content would be able to continue viewing it), and (b) where removal of the Content will restrict Pickleballers's ability to comply with applicable laws or defend its legal rights. If Content is so retained, it will be retained by Pickleballers only for the period necessary to fulfill the purposes for which it has been retained, and the license above shall continue until the Content has been finally removed.

User represents and warrants that User has (or has obtained), all rights, licenses, consents, and permissions, necessary to grant the rights granted herein for any Content that User Pickleballers, uploads, or shares on or through the Services. User agrees not to upload, or share Content that violates or infringes any third-party's copyrights, trademarks, or other intellectual property rights.

8. Feedback

Pickleballers shall be free to use, disclose, reproduce, license, distribute and otherwise exploit such Feedback as it sees fit, without any obligation, royalty or restriction based on intellectual property rights or otherwise. You hereby waive any and all claims against Pickleballers relating to any past, present or future use of Feedback.

9. Third Party Components

The use of the Services by You shall be subject to any acknowledgements and license terms accompanying or contained in Third Party Components used in or associated with the Services. Such acknowledgements and license terms, as applicable, shall take precedence over these Terms in connection with such Third Party Components, and You agree to comply with all such acknowledgements and license terms. Pickleballers disclaims all liability with respect to Your use of Third Party Components. You acknowledge and agree that Pickleballers shall have no responsibility or liability in connection with Third Party Components and that Pickleballers is not the author, owner or licensor of any Third Party Components. You acknowledge that Pickleballers makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of any Third Party Components.

10. Disclaimer of Warranties

You hereby acknowledge and agree that Pickleballers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any Content or other information submitted or otherwise made available through, or as a result of, the Service. You further agree that Pickleballers shall not be responsible or liable for any Content or other information that is inaccurate, misleading, inappropriate, or otherwise objectionable. You further agree that Pickleballers shall not be liable for any loss or damage of any sort incurred as the result of your failure to comply with these Terms or any applicable law or regulation.

Pickleballers and its Affiliates make no representations or warranties that access to the Services, Content (or any part thereof) will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services, Content (or any part thereof) or the server that makes them available are free of viruses or other harmful components. Pickleballers and its Affiliates do not warrant or make any representations regarding the use or the results of the use of the Services, Content (or any part thereof) in terms of their correctness, accuracy, reliability, or otherwise. Pickleballers and its Affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Pickleballers disclaims all warranties, expressed or implied, including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Pickleballers does not make any warranties about the accuracy, reliability, completeness, or timeliness of the services. Additionally, Pickleballers does not warrant that the use of the services will be uninterrupted or error-free. You acknowledge and agree that you assume full responsibility for your use of the services and any results or consequences of such use.

11. Limitation of Liability

Notwithstanding anything to the contrary contained herein, Pickleballers' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Pickleballers for the Services during the term of membership.

Notwithstanding any other provisions of these Terms of Service, if Pickleballers is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any materials, Pickleballers' liability shall, to the extent permitted by law, not exceed US$100.00. Furthermore, any action brought by you for any breach of these Terms must be brought within one (1) year of the accrual of such cause of action.
By agreeing to these terms, the User hereby acknowledges and agrees that Pickleballers shall not be liable for any liabilities, losses, or damages, including personal injury or property damage, resulting from the User's use of the Services, regardless of the cause of such liabilities, losses, or damages. This limitation of liability applies even if Pickleballers and/or any of its affiliates has been advised of the possibility of such liabilities, losses, or damages. This limitation of liability is an agreed allocation of risk that constitutes part of the consideration for Pickleballers providing the Services to the User.

12. Indemnification

You shall defend, indemnify and hold harmless Pickleballers and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines and expenses, including attorneys' fees, arising out of or in connection with your Content or use of the Services.

13. DMCA Notice

Notifications must comply with the DMCA to be valid. For your notification to be valid and effective, it must include the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 
Upon receipt of a valid and complete notification, Pickleballers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. 

14. Amendments to the Terms

Pickleballers may revise these Terms at any time and in its sole discretion. Notice of substantial changes to these Terms will be provided on the Services and/or sent via email to the email address or other details that you provided in the contact form. Such substantial changes will become effective seven (7) days after such notice was provided on our Services or sent via email. All other changes to these Terms will be effective as of the stated “Last Revised” date and will be binding upon continued use of the Services after the Last Revised date.

15. Minors

Individuals under the age of thirteen (13) are prohibited from accessing the Service. We reserve the right to request evidence of age to verify that individuals under the age of thirteen are not using the Service. Should we become aware that an individual under the age of thirteen is using the Service, we will immediately block the User from accessing the Service and take all reasonable steps to delete their Personal Information in accordance with our Privacy Policy.

16. Dispute Resolution; Arbitration; Class Action Waiver

The Arbitration Agreement between you and Pickleballers shall be governed by the Federal Arbitration Act (“FAA”). This means that any dispute between you and Pickleballers must be resolved through binding arbitration on an individual basis rather than in court, except that you may assert claims in small claims court if your claims qualify. This Arbitration Agreement also limits the manner in which you can seek relief and requires you to waive your right to a trial by jury or to participate in a class, collective, or other representative action.

17. Arbitration Procedures

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pickleballers are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Pickleballers.

BY AGREEING TO ARBITRATION WITH Pickleballers (INCLUDING, WITHOUT LIMITATIONS, THE SERVICES), YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST Pickleballers (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.

If you desire to assert a claim against Pickleballers, and you therefore elect to seek arbitration, you must first send to Pickleballers, by email, a notice of your claim (“Notice”). The Notice to Pickleballers should be addressed to: support@Pickleballers.io (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If Pickleballers desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent email address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Pickleballers, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Pickleballers and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pickleballers may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Pickleballers or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA.

Unless Pickleballers and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Pickleballers agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Arbitration Fees

The parties agree that they will arbitrate any dispute, claim, or controversy between them arising out of or relating to these Terms of Service or the use of the Services (“Claims”) in accordance with the terms of this Arbitration Agreement. The parties further agree that this Arbitration Agreement applies to all Claims regardless of whether the Claims are based on contract, tort, fraud, intentional conduct, or any other legal theory. The parties further agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”).
Before initiating any arbitration, the initiating party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim and setting forth the specific relief sought (“Demand”). A Notice to Pickleballers should be addressed to: support@Pickleballers.io (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. The Notice must be sent by certified mail, with proof of delivery, or by e-mail. Pickleballers will send any Notice to you to the most recent email address we have on file or otherwise in our records for you. Delivery of Notice will be deemed to have occurred three days after the date of mailing or one day after the date of sending by e-mail.

The parties agree that the arbitration will be conducted by a neutral arbitrator selected in accordance with the AAA Rules. The parties further agree that the arbitration will be conducted on an individual basis and not as a class, collective, or representative action, and that the parties’ rights to discovery and to pursue and present claims and defenses in arbitration are more limited than in court proceedings. The arbitrator shall have the authority to award the same damages and relief that a court can award and shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The parties agree that they will abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and binding upon both parties and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pickleballers are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Pickleballers.

Confidentiality

The parties agree that all information, documents, and testimony provided during the arbitration process shall remain strictly confidential and shall not be disclosed to any third party, except as may be required by applicable law. Furthermore, the parties agree to maintain the confidentiality of all rulings, decisions, or awards made by the arbitrator.

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and Pickleballers agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Pickleballers agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party's individual claim. However, you may pursue a claim for public injunctive relief under applicable law to the extent required for the enforceability of this provision.

Severability

If a court or the arbitrator determines that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with one that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term or provision, and the Arbitration Agreement will be enforced as so modified. In the event that any of the provisions of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are found to be invalid or unenforceable, the entirety of this Arbitration Agreement will be rendered null and void, unless such provisions are determined to be invalid or unenforceable solely with respect to claims for public injunctive relief. The rest of the Terms of Service will remain in effect.

17. General

These Terms shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties. The laws of the State of Nevada shall govern these Terms without regard to any conflict of law provisions. The parties submit to the personal and exclusive jurisdiction of the state and federal courts located within Las Vegas, Nevada for any disputes or claims not subject to arbitration. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Pickleballers must provide prior express written consent for any assignment, sublicense, or transfer of any or all of the rights or obligations under these Terms. Any waiver of any breach or default by either party will not be deemed a waiver of any preceding or subsequent breach or default. Printed versions of these Terms and any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Taxes

You are solely responsible for determining any applicable taxes that may apply to any transaction you make through the Services, and for remitting the correct amounts of such taxes to the appropriate tax authorities. Pickleballers has no obligation to withhold, collect, report or remit any taxes in connection with any such transaction. Pickleballers disclaims all liability for any taxes that may apply to any transaction you make through the Services.

19. Contact Us

If you would like to receive further information regarding these Terms, please reach out to Pickleballers.io, Inc. at support@pickleballers.io.