Terms of Use

TERMS AND CONDITIONS OF USE

Date of Last Revision: September 25, 2020

PLEASE READ THESE TERMS OF USE (AS DEFINED BELOW) CAREFULLY. BY ACCESSING OR USING THE SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

These terms and conditions of use (“Terms of Use”) apply to your use of the digital platforms, including this website which is currently located at www.northwesthighperformancetennis.com, mobile apps, tablet apps, social media pages, and other online content offerings (collectively, the “Site”) owned and operated by Pacific Northwest High Performance Tennis LLC (“NWHPT”). NWHPT may modify these Terms of Use at any time upon notice. Notice may be provided by email, by posting a notice on the Site, by posting the revised Terms of Use on the Site, or in some other manner as determined by NWHPT. Your continued use of this Site after the revised Terms of Use are posted will confirm your acceptance of the revised terms.

1. Privacy Policy

Please see our Privacy Policy for information on how NWHPT collects, uses, and discloses personally identifiable information from its users.

2. Ownership Including Copyright and Trademark

The Site and all content and other materials on the Site (the “Site Materials”) are property of NWHPT or NWHPT’s content suppliers or licensors, and are protected by the laws of the United States, including copyright and trademark laws, and other countries and international treaties. The compilation of all content of the Site is the property of NWHPT and is protected by the laws of the United States, including copyright and trademark laws, and other countries and international treaties. NWHPT, the NWHPT Logos, the look and feel of the Site, and any other NWHPT names, logos or slogans contained on the Site are trademarks or service marks of NWHPT and may not be used without prior written permission from NWHPT. All other trademarks, product names, company names, or logos appear on the Site, which are not owned by NWHPT, are the property of their respective owners. Reference to any third-party trademark on the Site does not constitute or imply any endorsement, sponsorship, or affiliation, unless otherwise stated on the Site, with the respective trademark owner.

3. License and Site Use

NWHPT grants you a limited license to access and make personal, non-commercial use of the Site.In accordance with these Terms of Use, you are not permitted to download any material (including without limitation, software, text, graphics, or other content), except for printing single copies of pages, as necessary to access the Site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the Site without our express written consent.You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce to a human-readable form software that you are permitted to download from the Site hereunder, except as may be permitted by law.Except only as expressly provided herein, the Site (or any derivative work version of it), its contents, and any member or account information may not in any form or by any means known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without our prior express written consent.All rights not expressly granted to you above, including ownership and title, are reserved for NWHPT, or other owner if applicable, and not transferred or licensed to you.

We may revoke all or any portion of the limited license granted in this Section 3 at any time. Any use of the Site or any content on or from the Site that violates these Terms of Use will automatically terminate your right to use the Site and may also infringe our rights and violate applicable law.

4. Registration Data

In order to access some of the services, applications, or sweepstakes offered by NWHPT, you may be required to register and/or provide personal information, such as name, email, telephone number, and birthdate (“Registration Data”). Although information may be required to participate in certain activities or promotions, participants provide that information voluntarily. NWHPT adheres to strict data management protocols. Those protocols vary based on the category of participation with NWHPT.

By registering, you agree to: (i) provide true, accurate, and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree NWHPT shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure to receive critical information about the Site or any mobile service or your account. You further agree NWHPT is authorized to verify such Registration Data. The information we obtain through your use of the Site is subject to our Privacy Policy. Any suspected abuse of your Registration Data should be reported to NWHPT at the contact listed below for copyright infringement.

You acknowledge and agree that NWHPT, in management of certain sweepstakes, promotions, or programs, may share your information with affiliated businesses, sweepstakes partners, or NWHPT sponsors (collectively, “Permitted Third Parties”). Your registration constitutes permission for NWHPT and Permitted Third Parties to contact you for promotional and/or marketing purposes. Your relationship with each Permitted Third Party is independent of NWHPT and subject to that Permitted Third Party’s terms of use and/or privacy policy. By registering, you acknowledge and agree that NWHPT does not and cannot control the actions of any Permitted Third Party, and you further agree to release and hold harmless NWHPT from any and all liability, injury, loss, or damage of any kind that may arise from or out of your interaction with such Permitted Third Party.

5. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords, and Ids that may be required to use the Site from time to time (“Account Information”) and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and passwords). NWHPT reserves the right in their sole discretion to refuse access to the Site or services provided through it, terminate accounts and usage rights, edit or remove content or User Content (as defined below) and cancel orders or requests for materials made through the Site.

6. Merchandise Display; Availability

We make reasonable efforts to display merchandise on the Site as accurately as possible. Sometimes, however factors including display and color capabilities of your computer monitor, may significantly affect what you see on your screen. We are not responsible for the display of any color or detail of merchandise on your computer screen and do not guarantee that such display is accurate. In addition, some featured merchandise may be available only in limited quantities or only while supplies last. Although we will attempt to remove any items that are out of stock from the Site in a timely manner, display of an item on the site is not a guarantee that the item is currently available or that it will be available on a later date.

7. User Content and Conduct Rules

Any information or materials you transmit, upload or otherwise submit to any Site (including without limitation, comments, reviews, postings to chat, email messages or materials directed to a Forum (as defined below) shall be collectively referred to as “User Content.” Note, however, that you must be 13 years of age or older to submit User Content to NWHPT. If you are under 13 and you wish to submit a video or other User Content, you must ask your parent or guardian to submit the User Content on your behalf. By submitting any User Content, you are representing that you are 13 or over.

“Forum” means a chat area, message board, social media site, app, email function or other function which allows you to transmit or submit material to an NWHPT Site for display, storage, or distribution, offered as part of any NWHPT Site or by an affiliated company/organization and/or service provider of NWHPT. Where the Forum is provided on a Site other than an NWHPT Site, you will be bound by the terms of service and privacy policy of that site you have linked to.

When you view User Content submitted by other users, keep in mind that such User Content may not represent your own view or the view of NWHPT. You are solely responsible for any User Content you submit and for your conduct in using the Site.

If you participate in any Forum with an NWHPT Site, you agree that you will not through the use of any User Content or otherwise:

• defame, abuse, harass or threaten others;

• make any bigoted, hateful, or racially offensive statements;

• advocate illegal activity or discuss illegal activities with the intent to commit them;

• post or distribute any material that infringes and/or violates any right of a third party or any law;

• post or distribute any vulgar, obscene, discourteous, or indecent language or images;

• advertise or sell to, or solicit, others;

• use the Forum for commercial purposes of any kind;

• post or distribute any software or other materials which contain a virus or other harmful component; or

• post material or make statement that do not generally pertain to the designated topic or them of any chat room or bulletin board.

In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of User Content.

NWHPT reserves the right to remove or edit content from any NWHPT Site at any time and for any reason but does not regularly review posted User Content. Enforcement of these rules is at the discretion of NWHPT, and failure to enforce a rule does not waive any rights for future enforcement. Users do not have a right to insist on enforcement of these rules or to expect that the Site will not contain content or conduct that is prohibited by these rules.

Any material transmitted, submitted, or otherwise delivered to a Forum shall constitute User Content and is hereby governed by the terms applicable to User Content as described herein.

When participating in a Forum, never assume that people are whom they say there are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and NWHPT is not responsible for the content or accuracy of any information.

8. Rights and Responsibilities with Respect to User Content and User Conduct

You retain all copyright and ownership of the User Content you submit through the Site. NWHPT has the right, but is not obligated, to monitor, screen, or edit User Content and to remove or disable access to any User Content in its sole discretion, with or without notice. While NWHPT encourages User Content that is supportive and helpful, through your use of the Site, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. You acknowledge that NWHPT is not responsible or liable in any manner for any User Content or user conduct you may encounter in connection with any NWHPT Site. You understand that all User Content submitted or posted in connection with the Site is public and nonconfidential, and NWHPT is not responsible for any negative consequences that may result from your submitting, posting, or accessing User Content. Use of any NWHPT Site is at your own risk.

9. License to User Content

If you post or submit any User Content in connection with any NWHPT Site, NWHPT and its affiliates will have a right to publish, reproduce, distribute, modify, perform, display, promote, and otherwise use and create derivative works of such User Content in any manner it sees fit, whether on or off the Site. You also grant NWHPT the right to use your name, likeness, voice, or identity in connection with your User Content and its distribution and promotion. If you are submitting a video that depicts your child or another third party, you also grant such rights (and you are authorized to grant such rights) on their behalf. The rights and licenses granted in these Terms of Use may be sub-licensed as NWHPT deems appropriate. Accordingly, please review your User Content carefully prior to submitting it to any NWHPT Site to make sure that the User Content only contains information that you are comfortable sharing. You release NWHPT, and anyone acting under its authorization, from any claims that such use violates any of your rights, including any copyrights and rights of publicity or privacy. You understand that you will not be entitled to any compensation for these rights and releases or for the use of any of the User Content. You further understand that this license and release is perpetual and irrevocable, so that NWHPT may rely on it.

10. Feedback

If you provide any feedback, including but not limited to, comments, creative suggestions, ideas, plans, notes, drawings, concepts, or other materials or information regarding NWHPT or the Site (“Feedback”) to NWHPT via our Site, through any NWHPT social media page, app, or other means of transmission or delivery, you understand that such Feedback is non-confidential and shall become the sole property of NWHPT. You hereby assign to NWHPT all right, title, and interest in and to all Feedback, including all intellectual property rights therein, and shall be entitled to the unrestricted use of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Content Linked to Any NWHPT Site

Please exercise discretion while browsing the Internet using any NWHPT Site. You should be aware that while you are on an NWHPT Site, you could be directed to other sites that are beyond our control. There are links to other sites from NWHPT pages that take you outside of our service. This includes links from sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. NWHPT reserves the right to disable links from third party sites to any NWHPT Site. We make no representations concerning the content of sites linked to any NWHPT Site or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained on sites listed in our search results or otherwise linked to an NWHPT Site. If you have any concerns regarding any external link, you should contact the linked website’s administrator.

12. Representations and Warranties

You represent and warrant that (a) you own and control all rights to the User Content you post or submit or you otherwise have the right to post or submit such User Content to the Site and grant the rights you grant in these Terms of Use; (b) the User Content is accurate and not misleading and does not violate any applicable law, rule, or regulation; and (c) the User Content, and its use by NWHPT as permitted in these Terms of Use, will not violate these Terms of Use, infringe upon or violate any third-party rights, or cause harm or injury to any person or entity.

13. Disclaimer

THE MATERIALS IN THE NWHPT SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NWHPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NWHPT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON AN NWHPT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NWHPT SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NWHPT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NWHPT SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any NWHPT Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any NWHPT Site or third-party content on our Site. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

14. Credit Cards

We may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with NWHPT. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.

15. Indemnification

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend, and hold NWHPT, it subsidiaries, if any, and other affiliated companies/organizations and sponsors, and NWHPT’s respective members, officers, manager, employees, and agents harmless from and against any third-party claims, demands, actions, suites, proceedings, liabilities, damages, losses, judgments, and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other NWHPT Site or of any site linking to this or any other NWHPT Site. You shall use your best efforts to cooperate with us in the defense of any claim.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NWHPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY NWHPT SITE OR MATERIALS OR FUNCTIONS ON ANY NWHPT SITE, EVEN IF NWHPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP WITH NWHPT (THE AMOUNT PAID BY YOU DOES NOT INCLUDE ANY AMOUNT PAID FOR TENNIS LESSONS, RETAIL PURCHASES, OR TENNIS TOURNAMENTS).

IN NO EVENT SHALL NWHPT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD-PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

17. Jurisdictional Issues

Unless otherwise specified, the materials on any NWHPT Site are presented solely for the purpose of promoting tennis, tennis equipment, tennis instruction, tennis tournaments, and other products and services available in the United States and its territories possessions and protectorates. NWHPT makes no representation that materials on any NWHPT Site are appropriate or available for use in any particular location. Those who choose to access an NWHPT Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. Termination

NWHPT reserves the right, without notice and in its sole discretion, to terminate the license granted by them to you for use of the Site, and to block or prevent your future access to and use of the Site for any reason. Upon such termination, you must cease use of the NWHPT Site and destroy all Site Materials obtained from such Site and all copies of the Site Materials thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all NWHPT Sites. Upon such termination, you must destroy all Site Materials obtained from any and all such Sites and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise.

19. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

• Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent

• Full Address of Designated Agent to Which Notification Should be Sent: 15327 140th PL NE, Woodinville, WA 98072

• Telephone Number of Designated Agent: (206) 713-8777

• Email Address of Designated Agent: nwhpt1@gmail.com

To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;

• 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 the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has 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;

• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including, but not limited to, costs and attorneys’ fees, incurred by NWHPT or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

20. Applicable Law and Venue

These Terms of Use and your use of any NWHPT Site are governed by the laws of the State of Washington, applicable to agreements made and performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of or relating to these Terms of Use.

21. Severability

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

22. Entire Agreement

These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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