Terms and Conditions for Signature Tennis Web Site for U.S. and Canadian Residents
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE www.SignatureTennis.com (the "Web Site"). THE USE OF THE WEB SITE CONFIRMS THE USER'S OR CUSTOMER'S ("YOUR") UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF Signature Tennis. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on the printing process or on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Web Site at a particular time does not imply or represent that these products or services will be available at any time. In addition, we may make changes in information about price and availability without notice.
2. Orders. By placing an order, you represent that the products ordered will be used only in a lawful manner, for individual, personal use and not for commercial resale or diversion. While it is our practice to confirm receipt of orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse delivery or service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Signature Tennis reserves the right to reject any Order. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site.
3. Shipping Limitations. When an order is accepted, it will be shipped to an address designated by the purchaser which must be in the United States of America or Canada, as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. Your receipt will be included in the box with your shipment. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4. Accuracy of Information. Signature Tennis attempts to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site.
5. Rights in Materials. The Web Site design and all text, graphics, logos, audio clips, video clips, images, information, content, and other material displayed on or that can be downloaded from the Web Site are the property of, or used with permission by, Signature Tennis, its affiliates or their service providers, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute (other than through the send feature of the Web Site) or otherwise use any of the Materials for any other purpose. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Materials. Any unauthorized use of the Materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
6. Trademarks. The trademarks, trade names, trade dress, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names, trade dress, service marks and logos of Signature Tennis, its affiliates or service providers. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, trade dress, service marks or logos of Signature Tennis.
7. Linking to the Web Site. Creating or maintaining any link from another web site to any page on the Web Site without Signature Tennis’s prior written permission is prohibited. Running or displaying the Web Site or any material displayed on the Web Site in frames or through similar means on another web site without Signature Tennis's prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rule and regulations. Framing of the Web Site without Signature Tennis's prior written permission is prohibited.
8. Third Party Links. From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by Signature Tennis or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will probably leave the Web Site. Neither Signature Tennis nor its affiliates or service providers are responsible for any content, materials, products, services or other information located on or accessible from any other web site. Neither Signature Tennis nor its affiliates or service providers endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials, products, services or other information located or accessible from such web sites, or any privacy policy or practices, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from the Web Site, you do so entirely at your own risk.
9. Inapropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot, or routine that can collect unauthorized information or interfere with or disrupt the operations of the Web Site, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Signature Tennis or its affiliates may have at law or in equity, if Signature Tennis or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, Signature Tennis may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Site of such materials. Signature Tennis, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Signature Tennis, its affiliates or its service providers to disclose the identity of anyone posting such materials.
10. User Information. Other than personally identifiable information, which is subject to the Privacy Policy of the Web Site, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications you transmit or post to the Web Site or to any Customer Service Representative in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. Submission of any User Communications shall be deemed an assignment thereof to Signature Tennis. Signature Tennis, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Signature Tennis may, but is not obligated to, monitor or review any User Communications. Signature Tennis shall have no obligations to use, return, review, or respond to any User Communications. Signature Tennis will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Signature Tennis retains the right to remove any or all User Communications that includes any material it deems inappropriate or unacceptable.
11. DISCLAIMERS. YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Signature Tennis, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS ON OR IN THE WEB SITE. THE MATERIALS ON OR IN THE WEB SITE MAY BE OUT OF DATE, AND NEITHER Signature Tennis, NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12. LIMITATIONS OF LIABILITY. Signature Tennis, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from the Web Site. IN NO EVENT WILL Signature Tennis, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LICENSEES, FRANCHISEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY OF, OR THE RESULTS OF USE OF THE WEB SITE, OR ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE.
13. Indemnification. You agree to indemnify and hold harmless Signature Tennis, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Web Site from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Web Site, or the services provided in relation to the Web Site any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site.
14. Revisions to these Terms and Conditions. Signature Tennis may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page regularly to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Site. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on the Web Site, these Terms and Conditions will control.
15. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Signature Tennis to the extent necessary to resolve any inconsistency or ambiguity between them. Portions of this Web Site are administered by unaffiliated third parties, pursuant to agreements with Signature Tennis, which is located in the State of Georgia . These Terms and Conditions are governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site shall be brought only in the courts of the State of Georgia or the United States District Court for the Northern District of Georgia. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Termination. You or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
