Terms and Conditions
This website is operated by TENNIS LADY. Throughout the site, the terms “we”, “us” and “our” refer to TENNIS LADY. TENNIS LADY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TENNIS LADY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TENNIS LADY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - MARKETING MATERIALS
By agreeing to TENNIS LADY’s terms and conditions upon signing up, I acknowledge and agree that my image may be used for marketing materials.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
By agreeing to TENNIS LADY’s terms and conditions upon signing up, I hereby assume any and all risk associated with my participation in any TENNIS LADY organized, operated, promoted, partnered, or sponsored game, sport, function, activity, event, or social event (“Activities”), including but not limited to Wine-Down Wednesdays and any other game, sport, function, activity, event, or social event by TENNIS LADY or any division or subsidiary or any brand names of TENNIS LADY.
I have read TENNIS LADY's Activities rules, terms and conditions, and agree to abide by them. I fully release and discharge TENNIS LADY and its agents from any and all claims for injuries, sicknesses, damages, or losses, including negligence, sustained during any and all activities associated with the Activities of TENNIS LADY.
I acknowledge, agree, and represent that I understand the nature of the Activities, I understand the nature of the environment regarding social gatherings for games, functions, and events, and that I am qualified, in good health, and in proper physical condition, and do not suffer from any heart, lung, or other medical conditions or diseases that might in any way hinder or prevent me from fully participating in the Activities, or make me more susceptible to injury, sickness, or harm while participating. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities. And further, I agree that I understand that TENNIS LADY provides activities that require social gathering and if I believe conditions are unsafe from contraction of any virus or other health concern, I will immediately discontinue further participation in the Activities.
I fully understand that the Activities involve risk and dangers of serious bodily injury and sicknesses, including permanent disability, paralysis, and death (“Risk”); I fully understand these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of participating in the Activities, the action or inactions of others participating in the Activities, the condition and environment in which the Activities take place, or the negligence of the “Releasees” named below; I fully understand there may be other risks, including social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such Risks and all responsibility for losses, costs, damages, and sicknesses I incur as a result of my participation in the Activities.
I hereby release, discharge, and covenant not to sue TENNIS LADY, their respective administrators, directors, agents, members, owners, officers, volunteers, employees, other participants, any sponsors, advertisers, and the owner and lessors of the premises on which TENNIS LADY games, functions, activities, and events take place (each considered as one of the “Releasees” herein) from all liabilities, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise including negligent rescue, operations and I further agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liabilities, damage, cost, or sickness which may incur as a result of such claim.
Further and additionally, (A) I hereby release, discharge, and hold harmless TENNIS LADY and the Releasees from any and all liability that may arise directly or indirectly at any time, by reason of any injury, sickness, death, damage, loss, or expense incurred in connection with (i) my participation in the Activities themselves, or (ii) my attendance at any game, sport, function, social, or charitable event or gathering that may be organized, authorized, or paid for by the Releasees, individual players, or any league or division organized under the Releasees or their rules, including but not limited to “happy hours”, bar functions, and any pre-game or post-game events or gatherings; and (B) I fully authorize TENNIS LADY, its subsidiaries and affiliates to use my name, likeness, or image for purposes of advertising, marketing, promotion, or trade without further compensation, except where prohibited by law; and I further acknowledge and agree that any images or recordings obtained or procured by TENNIS LADY shall be the sole and exclusive property of TENNIS LADY, and may be published, broadcast, or otherwise disseminated at the sole and exclusive discretion of TENNIS LADY.
I have read this agreement, fully understand its terms, understand that I have given up all my rights other than those required by law in signing this agreement, and have signed it freely and without inducement or insurance of any nature and intended to be a complete and unconditional release of all liabilities. By accepting the rules and terms of this waiver, I acknowledge that I have read the entire contents of this waiver, understood it, and agree to be bound by its terms. I further acknowledge that I agree to the terms of this waiver voluntarily and that I am at least twenty-one (21) years of age to participate in any of the Activities.
Captains are responsible to make sure each of their players agrees to the terms and conditions of the league by signing up on the website and paying individual dues. If any player joins in the Activities without having done so, TENNIS LADY is not liable.
TENNIS LADY has the right to refuse services to any player or team if they do not comply with the league mission and vision.
SECTION 22 - APPENDIX DUE TO COVID-19
By agreeing to TENNIS LADY’s terms and conditions upon signing up, I acknowledge I am aware that a Public Health Emergency has been declared in the United States and the State of Georgia relating to the outbreak of COVID-19 (also commonly referred to as “coronavirus”). I acknowledge that I am aware of the contagious nature of COVID-19 and voluntarily assume the risk that my family, including child(ren), and I may be exposed to or infected by COVID-19 while participating and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that I have the choice as to whether I will attend. I understand that by choosing to attend, I may expose myself and my children to the risk of infection of COVID-19/Coronavirus. I agree that by choosing to participate, I agree to the terms and conditions contained in this agreement as well as the terms and conditions from TENNIS LADY.
I understand the risk of becoming exposed to or infected with COVID-19 at the event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, TENNIS LADY, and the creator and members of TENNIS LADY’s community.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, temporary or permanent disability, death, damage, loss, claim, expense, or liability of any kind that I may experience or incur and/or that any of my children experience or incur in connection with myself and/or any of my children’s attendance.
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless TENNIS LADY, and the creator and members of TENNIS LADY’s community of and from any Claims (see definition above) including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the TENNIS LADY, and the creator and members of TENNIS LADY’s community whether a COVID-19 infection occurs before, during, or after participation in pool facility activities.
I further agree to indemnify and reimburse TENNIS LADY, and the creator and members of TENNIS LADY’s community for any attorney fees and expenses they incur as a result of any claim or lawsuit made by me or on behalf of any of my children seeking damages arising out of exposure to or infection of COVID-19/Coronavirus claimed to have occurred as a result of attendance. This means I understand that if I file a lawsuit against the TENNIS LADY, and the creator and members of TENNIS LADY’s community I am responsible for paying for the attorney fees and expenses incurred by TENNIS LADY, and the creator and members of TENNIS LADY’s community as a result of the lawsuit regardless of the outcome.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.