ORGANIZER
TERMS OF SERVICE

Last updated: October 27, 2023

Welcome! Pickleball For America, Inc. and its affiliates, properties and property owners (collectively, “Pickleball For America”, “our”, “us”, or “we”), provide a software as a services event platform for pickleball sporting events and tournaments and leagues (“Event(s)”) accessible through our websites at https://pickle4.com, www.thepickler.com, www.pickleballden.com and www.usopenpickleball.com (the “Sites”) or the Pickleball for America applications for web, desktop, tablet, mobile and other smart devices (each, an “App”) (collectively, the “Platform”). We require that all individuals interested in hosting, organizing or promoting Events (each, an “Event Organizer,” “you” or “your”) and who list or manage such Events on or through the Platform or otherwise use our Services (as defined below) adhere to the following terms and conditions of service (as they are amended from time to time) (these “Terms”).

1. OUR AGREEMENT.

These Terms govern your access to and use of our Services (as defined below) and any content or information contained or used therein in order to create, promote and facilitate registrations to your Event, managing the scoring and communications with Users during such Event, sales of car parking, spectator tickets, Event merchandise or other products related to the Event or by the Event Organizer (“Additional Products”), and the collection of sales proceeds from Users for Events for such services and products (the “Permitted Purpose”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO ARBITRATION, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY USING THE SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICES.

You should view these Terms often to stay informed of changes that may affect you. Your use of the Services after the effective date of any changes constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

We may also require that all Event Organizers execute a separate document which contains specific detail regarding your Event(s) (“Event Order”) in which these Terms are incorporated by reference, prior to using the Services for any Event. To the extent any terms in the Event Order and these Terms differ, the terms in the Event Order shall prevail.

Our Privacy Policy available at https://www.pickle4.com/privacy-policy and any other policies, rules, or guidelines that may be applicable to particular features on the Platform or are related to the Services are also incorporated into the Terms.

Users of the Platform (who browse, search for and purchase entries to Events and Additional Products (as defined below) on the Platform) are referred to in these Terms as “Users” and are subject to separate Terms of Service for Users available at https://pickleballden.com/legal-links.

2. SIGNING-UP FOR AN ACCOUNT WITH US.

(a) Registration. In order to access the Services, you will need to sign-up or otherwise create and register an account with us. To create an account with us you can choose to link an existing account you have with any number of third parties including but not limited to Google, Apple, Instagram, TikTok, X (Twitter), or Facebook. If you don’t have an existing account with one of those third parties, you can register for an account by providing us with certain personal information and creating a username and password. We manage all personal information in a manner consistent with our Privacy Policy, available at: https://www.pickle4.com/privacy-policy.

(b) Information Accuracy. You represent, warrant and covenant that all information you provide in connection with creating, accessing and using your account is accurate, current and complete. You will promptly update such information if it changes at any point. If You provide any information that is or becomes (or if we have reasonable grounds to suspect that such information is) false, inaccurate, outdated or incomplete, or violates these Terms, the Privacy Policy, or any applicable law, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

(c) Confidentiality and Security. You are solely responsible for maintaining the confidentiality of your account credentials. You accept sole responsibility for all activities that occur under your account, username or password—whether or not you authorized the activity—and you will not sell, transfer, or assign your account or any account rights to any third party. Because of this, we strongly recommend that you exit from your account at the end of each session. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with your responsibilities in this Section.

3. SERVICES.

(a) Definition. If you create an account with us and execute an Event Order to list Events through our Platform, we may provide you with one or more of the various services (“Services”) including:

(i) listing of your Event or Events on the Platform and the facilitation of purchases of entries to your Event(s) and Additional Products by Users;

(ii) access to the Event Organizer backend section of the Platform, through which:

(1) you are able to access information regarding Users/purchasers of entries to your Event or Events and Additional Products;

(2) you are able to provide content for the specific webpages on the Site for your Events, including own User Content (as defined below);

(3) you are able to manage scorekeeping, wins/losses, accolades, and other information for each Event and/or User (or group thereof);

(4) you are able to communicate with Users for particular Events; and

(5) together we manage ticketing and registration of Users to your Event(s), payment processing of Our Fees (as defined below), Your Fees (as defined below), Payment Processing Fees (as defined below), Other Fees (as defined below), and the payment processing and collection of fees paid by entrants to your Event or Events, their purchase(s) of Additional Products (Section 3(a)(i) through 3(a)(ii) are “Event Registration Services” and are further described in Section 3(c));

(iii) standard technical and administrative support during the Term (as defined below), where we will provide such support between the hours of 9:00 AM EST to 6:00 PM EST, excluding weekends and holidays, provided, however, that this will only extend to the functionality of the Platform (the “Support Services”);

(iv) general release bug fixes, maintenance releases and updates to the Platform (each an “Update”) that we offer to all users of the Services;

(v) access to any P4A Content or other User Content provided through the Platform or social media channels;

(vi) any communications sent by us or a third party on our behalf about an Event or otherwise;

(vii) any other features, content or information we offer through the Platform;

(viii) Professional Services (if applicable) (as defined in Section 3(d)); and

(ix) any related services we provide Users on your behalf.

(b) Use of Services.

(i) Subject to your compliance with these Terms, we grant you, during the Term, a limited, nonexclusive, non-transferrable, non-sublicensable, revocable and limited right to access and use the Services during the Term solely for the Permitted Purpose. You are only permitted to use the Services for authorized and legal purposes in accordance with applicable laws and regulations, the Terms, and an applicable Event Order.

(ii) You acknowledge that we are providing access to the Services on a temporary basis and reserve the right to withdraw or amend access at any time without notice to you and without requiring your prior consent.

(iii) We reserve the right to make any changes to the Services that we deem appropriate from time to time, including changes necessary or useful to: (a) maintain or enhance: (1) the quality or delivery of the Services; (2) the competitive strength of or market for our Services; or (3) our cost efficiency or performance; or (b) comply with applicable law.

(iv) You are solely responsible for your interactions with participants in your Events. We reserve the right, but have no obligation, to monitor disputes between you and other Event Organizers and Users while you are using the Services. We are not liable for your interactions with other Event Organizers, Users, or for any Event Organizer or User’s action or inaction.

(v) In connection with your access to or use of the Services, you must not, and must not attempt to, directly or indirectly:

(1) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof or the underlying structure, ideas, intellectual property, software, trade secrets, proprietary information, know-how or algorithms relevant to the Services;

(2) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any part or copy thereof;

(3) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any part thereof, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;

(4) use, or cause others to use, any automated system or software to extract P4A Content or data from the Services;

(5) interfere with, or disrupt, our Services or any servers or networks connected to the Services, including but not limited to by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;

(6) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;

(7) inject content or code or otherwise alter or interfere with the way any page of the Services are rendered or displayed in a User’s browser or device;

(8) access our Services via any unauthorized means, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(9) restrict another User of our Services from using or enjoying them;

(10) use our Services for any illegal or unauthorized purpose;

(11) copy, change, modify, create derivative works, adapt or alter the Services (or any part thereof); or

(12) change, modify or alter another website or platform so as to inaccurately imply an association with our Services or with us;

(13) threaten, harass, abuse, slander or defame others in connection with your use of the Services;

(14) create, publish, distribute or disseminate any inappropriate, harmful, libelous, illegal, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable content, material or information in connection with your use of the Service or that otherwise violates the acceptable content guidelines contained herein;

(15) access or use the Services for the development or provision of a competing software service or product or for any other purpose that is to our detriment or commercial disadvantage;

(16) access or use the Services or any part thereof in any manner which is illegal, harmful, offensive, obscene, or infringes on or misappropriates any intellectual property right or right of a third party; or

(17) knowingly aid or assist or encourage any other person in taking any of the actions prohibited by this Section or breaching these Terms.

(i) Event Registration Process; Event Information.

(1) If you would like to use the Event Registration Services to list an Event or Events, you will need to submit additional information requested by us (either via the Event Order or via your account) (“Registration Information”) which will enable you to start the event registration process (“Event Registration Process”). As part of the Event Registration Process, we may collect certain registration information to verify that you accurately represent the entity you claim to represent (if any) and additional details related to the Event(s). To the extent you already provided us with Registration Information for a previous Event, we may use the Registration Information you already provided unless you indicate otherwise during the Event Registration Process.

(2) Once you have provided us with the required Registration Information, you allow us to publish directly onto the Platform information and content about or relating to your Events, including, but not limited to, any applicable Registration Information related to an Event, third-party booking agent’s (a “Ticket Seller’s”) terms and conditions, any fees for a User’s registration for an Event, the price of any Additional Products, waivers and/or other documentation or terms that Users are required to accept in order to participate in the relevant Event or purchase Additional Products (“Event Terms”) (collectively, “Event Information”). You are responsible for your Events, Event Terms, and all Event Information. You agree that no Event Terms are binding on us when a User agrees to such Event Terms. Any Event Terms you provide will contain any and all requirements for Users in order to participate in the Event(s) and contain important information such as your rights of cancellation or a User’s rights of cancellation and a User’s right to a refund in relation to the Event (as applicable) and any Additional Products a User may purchase.

(ii) Order; Limited Agent.

(1) Without limiting any other obligations or restrictions provided herein, subject to your compliance with these Terms and applicable Event Order, we will perform the Event Registration Services for your Event(s) once we receive your Event Order and which we accept and execute. Your Event Order will include all Registration Information and Event Information that you provide to us during the Event Registration Process necessary for us to perform the Services.

(2) Once you provide us with and we accept your Event Order, we may act, and you hereby authorize us, to act on your behalf and as your limited agent in order for us to provide the Event Registration Services, including, but not limited to, providing the following on your behalf:

a. publish the relevant Event Information on our Platform;

b. enable Users to register for and purchase entries to Events or purchase Additional Products for an Event;

c. submit any User Orders (as defined below) to you;

d. acknowledge and agree on your behalf that a contract formed solely between you and a User when a User places a User Order;

e. facilitate the payments in connection with any User Order;

f. hold, disburse and retain proceeds on your behalf pursuant to these Terms or otherwise instruct our Payment Processing Partners (as defined below) to do so;

g. issue refunds to Users as set forth in these Terms and in your Event Terms, if applicable; and

h. liaise directly with the User in respect of the Event.

(3) In accepting appointment as your limited agent, we assume no liability for any of your acts or omissions. Our obligation to pay you is subject to and conditional upon Users’ actual payment of Event Registration Fees (as defined below). Any User Order made by a User that we process is considered the same as a payment made by a User directly to you and you will sell or provide all advertised goods and services to the User as if you had directly received the Event Registration Fees from such User, regardless of whether the Event Registration Fees have yet to be or are ever received from us.

(d) Professional Services. We may agree to provide you with certain professional services in connection with the Services in an applicable Event Order. We will perform the professional services described in an applicable statement of work to the Event Order (the “Professional Services”) executed by you and us. Professional Services are considered a part of the Services and subject to these Terms.

4. INTELLECTUAL PROPERTY RIGHTS; OUR CONTENT.

(a) P4A Content.

(i) In the course of providing the Services, we may display and grant you permission to access various sources of information, including but not limited to text, information, data, databases, editorial content, graphics, design elements, images, photographs, registered and unregistered trademarks, logos, services marks, videos, sound recordings, audio and visual clips, logos, software, opportunities, features, services, P4A’s intellectual property and other materials within the Services that may be applied or used in connection with specified Events (all such materials, and any compilation, collection, or arrangement thereof, the “P4A Content”). All P4A Content is provided to you via limited license right governed by these Terms, which we make available at our sole discretion.

(ii) Exceeding the scope of the use and access permission granted to you herein constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Services or P4A Content, and infringes our copyrights, trademarks, patents, and other rights in the Services or P4A Content. None of the P4A Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent or that of the relevant licensor (where relevant). You may store or print P4A Content for personal use only.

(b) P4A Marks.

(i) Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license during the Term to reproduce and distribute our preapproved (in each instance) trademarks, service marks, trade names, logos, domain names, or other indicator of source, affiliation, or sponsorship, whether unregistered or registered (the “P4A Marks”) solely for the Permitted Purpose, provided, however, that such use is strictly in accordance with (i) these Terms and (ii) our then-current trademark usage guidelines, which we may make available to a User from time to time.

(ii) Prior to any use of any P4A Mark and at any time at our request, you must, at your own expense, supply a reasonable number of examples of the proposed use of such P4A Mark to us for approval, which may be given or withheld in our sole discretion. You will not commence such proposed use of such P4A Mark until we approve such use in writing (which may be provided via email). You may not use or display the P4A Marks in any manner that would damage, dilute, harm or tarnish the P4A Marks, our reputation or the goodwill associated with the P4A Marks. You permit us at all reasonable times and on reasonable notice to inspect any advertisements or uses of the P4A Marks to ensure compliance with the quality standards or any other specifications or requirements set forth in these Terms. If we determine in our reasonable discretion that any use by you of any P4A Mark does not comply with these Terms and notify you of such determination, you must promptly take down the non-compliant P4A Mark and implement any corrective measures to cure each non-compliance we identified. We may revoke this license at any time upon notice in our sole discretion.

(c) Our Intellectual Property. As between you and us, we will own and retain all right, title, and interest in and to (i) the Platform, Services, P4A Content, P4A Marks, integrations, APIs, sites or other modifications or customizations of the Platform, Services, P4A Content or P4A Marks made as part of the Professional Services, and all improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed in connection with the Services, (iii) any feedback or recommendations provided by you regarding any of the foregoing, (iv) any and all goodwill derived from the use of the P4A Marks, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, “Our Intellectual Property”).

(i) Ownership. Our Intellectual Property constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using Our Intellectual Property. Such rights to Our Intellectual Property may include, but are not limited to, copyrights, trademarks, service marks, trade dress, and trade secrets, and all such rights are our property or our licensors’ property.

(ii) Assignment; License. To the extent you obtain any right, title, or interest in Our Intellectual Property, you hereby irrevocably assign and will assign to us all right, title and interest that you may have in and to any and all of Our Intellectual Property, including but not limited to all intellectual property rights therein. You will obtain, at our expense, such assignments to us from you (including as require by your representatives), as well as any other documentation and waivers of moral rights, as are necessary (or reasonably requested by us) to perfect our rights, title, interest and ownership of/in Our Intellectual Property. To the extent, if any, that any of Our Intellectual Property is not assignable or that you retain any right, title or interest in and to any of Our Intellectual Property, you (i) unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us with respect to such rights; (ii) agree, at our request and expense, to consent to and join in any action to enforce such rights; and (iii) hereby grant us a perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable (through multiple levels of sublicensees), exclusive, worldwide right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on our behalf) all or any portion of Our Intellectual Property, in any form or media (now known or later developed). You further irrevocably waive any “moral rights” or other rights with respect to your attribution of authorship or integrity of Our Intellectual Property under any applicable law under any legal theory.

5. USER CONTENT.

(a) As part of the Services, you and third parties may be able to submit materials or information for publication on the Services (“User Content”). User Content must meet the guidelines in Section 5(e) below.

(b) We may (but are not obligated to) moderate User Content before or after it is uploaded into the Services. We may remove or refuse to upload any User Content which does not, in our sole discretion, comply with the guidelines in Section 5(e) below.

(c) We take no responsibility and assume no liability for any User Content that you post, send, or otherwise make available over the Services or that other Users post or make available over the Services. You will be solely responsible for User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You understand and agree that you may be exposed to other User Content or third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we will not be liable for any damages you allege to incur as a result of or relating to any such content.

(d) We make no guarantee that User Content will be kept on the Services for any length of time, and we reserve the right to remove User Content at any time as we see fit. You are urged to keep back-up copies of any of User Content submitted to us. The Services should not be used as your primary method to store or curate copies of your information, images, videos or text, as User Content may be removed permanently from the Services at any time, and we may not keep copies of User Content.

(e) License.

(i) You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive, unrestricted, unconditional, royalty-free, fully-paid license to use, copy, reproduce, distribute, publicly display, modify, adapt, publish, translate, sell, resell, sublicense (through multiple tiers), create derivative works from, and otherwise use and exploit all or any portion of User Content (and derivative works thereof) for any lawful purpose. Except as prohibited by law, you hereby waive, and you will waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

(ii) To the extent necessary, when you appear in or contribute User Content, you also grant us the unrestricted, worldwide, royalty-free, perpetual right and license to use your name, image, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from us if your name, image, likeness, or voice is conveyed on or through the Services.

(f) Non-Confidentiality. When you submit User Content on or through the Services, you understand that User Content and any associated information (such as your username or photos) may be visible to other users. Consequently, (i) User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (ii) we do not assume any obligation of any kind to you or any third party with respect to User Content.

(g) Acceptable Content Guidelines.

(i) User Content must be true, accurate and not misleading.

(ii) User Content must not breach any third party rights anywhere in the world. We appreciate that you may not be an expert in intellectual property or privacy rights, but by way of example:

(1) User Content must not contain any identifiable brands or logos that you do not own;

(2) User Content must not include music, videos or pictures unless you have written or made them yourself or have a license from the person who wrote or recorded the music, videos or pictures; and

(3) If you feature any person in User Content, you must have their express written permission to use their personal information, image or voice. If you do not have their consent, User Content must not feature that person.

(iii) User Content must:

(1) not contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;

(2) violate any applicable U.S. or foreign law;

(3) not contain any representations on behalf of any third party; and

(4) make clear when it is an expression of your opinion.

6. THIRD-PARTY CONTENT AND PLATFORMS.

(a) User Content. The Services may permit the submission, hosting, sharing, posting and publishing of User Content from third parties. A third party’s User Content may be made publicly available through the Services and may be inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Each author of such content is solely responsible for their own content. We are not responsible or liable for User Content, whether or not published, and do not guarantee any confidentiality with respect to such content.

(b) Links to Third-Party Platforms. The Services may include links or connections to third party websites, applications, platforms, social media channels that are controlled and maintained by others (each, a “Third Party Platform”). We strongly encourage you to become familiar with the Terms and practices of any Third Party Platform. Your use of a Third Party Platform is at your own risk, and is subject to the terms of those Third Party Platforms.

7. PAYMENT.

(a) Fees. In connection with your Event(s), we are entitled to certain fees, including, but not limited to, the Subscription Fee, Software License Fees, Payment Processing Fee (which a third party may charge which we will pass through) and, as applicable, Professional Services Fees (as defined in an applicable statement of work or Event Order) and Other Fees set forth in an Event Order and this Section (collectively, “Our Fees”). You are entitled to (unless otherwise agreed in an Event Order) the Event Registration Fees, and, as applicable, Other Fees set forth in an Event Order and this Section subject to any withholding by us for Our Fees (collectively, “Your Fees”).

(i) Subscription Fee. In consideration of the Services as part of Our Fees, you will pay us a subscription fee on a monthly, quarterly or annual basis (as set forth in the applicable Event Order) (“Subscription Fee”) for each Event based on the number of Users and/or number of courts at the facility you manage, as applicable if you are a club. We may revise the amount and/or the calculation used to determine Subscription Fees and will notify you of any changes.

(ii) Software License Fee. As consideration for the Services, as part of Our Fees we will withhold or charge a fee or percentage of the Gross Sales Price for each User Order (“Software License Fee”) as set forth in an applicable Event Order. If we are collecting payment on behalf of you or a Ticket Seller, we will directly collect and withhold the Software License Fee from any User when such User submits a User Order. If you are collecting payment for such User Order then you must pay us the value of such Software License Fee pursuant to the Event Order. “Gross Sales Price” means the total price of a User Order representing payments and other revenue (and inclusive or of any payments attributable to sales taxes) received by us or you from a User (or on behalf of a User) for purchases made in connection with any individual User Order by using the Services, including but not limited to, the sales price of entry to an Event(s), Additional Products, booking fees, pre-authorizations, Other Fees, Payment Processing Fees, and late fees.

(iii) User Payment Processing Fees. When a User uses a Payment Processing Partner to pay the User Order Price (as defined below), a User may have to pay an additional payment processing fee (the “Payment Processing Fee”) for each User Order. The Payment Processing Fee varies by Payment Processing Partner and Event.

(iv) Event Registration Fee.

(1) If we are collecting payments for a certain Event then payment processing occurs directly through our Payment Processing Partners. Within fifteen days of the successful completion of an Event, we will, on your behalf, cause our Payment Processing Partners to pass along to you all sales proceeds processed by such partner from a User Order related to such Event, subject to:

a. deduction of all applicable Software License Fees, Payment Processing Fees or Other Fees then due;

b. our right of setoff against any debts or other amounts owed to us by you under these Terms or Use, the Event Order or other applicable agreement for Services provided by us;

c. any deductions authorized pursuant to these Terms;

d. any reserves established as set forth in these Terms; and

e. exclusion of taxes (for clarity, you are responsible for payment of all applicable sales, use, value added or similar taxes (excluding those on our net income) imposed by a federal, state, provincial, local or other government entity relating to the Event).

(collectively, the “Event Registration Fee”).

(2) Such payouts of the Event Registration Fee will be made only to the payout information designated by Event Organizer. If you are collecting payment for a certain Event you are only entitled to keep the Event Registration Fee and must pay us Our Fees as specified in the Event Order or any other terms we provide.

(v) Other Fees. Each party will pay all other agreed-upon fees owed and specified in an applicable Event Order in connection the Services or other products and services which we may offer from time to time (“Other Fees”) pursuant to these Terms and an applicable Event Order or any other terms we provide you.

(b) Payment Terms.

(i) Payment of Our Fees via the Services must be made by one of the payment methods made available by the Services at that time. By submitting your credit or debit card details or, when available, your other payment details (such as for example, Apple Pay or PayPal or Stripe) (your “Payment Method”) you are representing that you are the card holder of the Payment Method, or are expressly authorized to use such Payment Method.

(ii) We reserve the right to cancel any Event Order in the event that we identify any error or inaccuracy in the description of an Event or its fees. We will cancel such Event Order and will process any applicable refund in a manner consistent with the relevant Event Terms.

(iii) You are responsible for maintaining the security of and control over any check issued to you under these Terms for an applicable Event Order for certain Your Fees (as applicable). If a check we issue to you is lost, stolen, or otherwise fraudulently or erroneously obtained or presented, you are responsible for any and all losses arising from the loss, theft, or misuse of the check (so long as the loss is not solely due to our negligence or willful misconduct). You will reimburse us for all claims, losses, costs, and damages we incur regarding any check issued to you, and you will reimburse us for all claims, losses, costs, and damages we incur because the check is cashed or deposited more than once, resulting in duplicate payments.

(iv) For ACH transactions, if any bank account number you provide to us, including a bank account number you provide as part of your Event Order, is inaccurate, we are still entitled to make payment to that account number, even if the bank account is not owned by you. We may rely solely on the bank account number you provide to us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You will reimburse us for any losses or expenses we incur as a result of our reliance on any bank account number you provide to us.

(i) During the Event Registration Process, we will charge Users or direct Users to pay you or a Payment Processing Partner or Ticket Seller for the cost of their Event registration, any Additional Products purchased, any booking fees, Software License Fee (as defined below), Payment Processing Fees (as defined below), and Other Fees (as defined below) (collectively, the “User Order Price”) (each purchase transaction submitted, a “User Order”).

(ii) Payment of the User Order Price via the Platform must be made by one of the payment methods made available on the Platform at that time, through one of our third-party gateways, payment processors, or merchant partners or a third-party payment processor that you propose and we approve (each, a “Payment Processing Partner”).

(iii) Upon receipt of a payment verification for each User Order if we are directly collecting the fees or after confirmation by you or a Payment Processing Partner or Ticket Seller on your behalf, we will generate a confirmation message on the Platform, and issue a confirmation email as part of the Event Registration Services. You will unconditionally accept, honor, and fulfill all ticketing and registration commitments confirmed by us in this manner, and it is your responsibility to verify the User’s status or any Event restrictions prior to the subject Event.

(d) Disputes. If there is a dispute between us, we are not obliged to pay any Event Registration Fees or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. We may withhold any Event Registration Fees or amounts due to you (including any due for User Orders not subject to the dispute) in full or partial satisfaction of any amounts you owe to us pursuant to these Terms and Section 7. Notwithstanding the foregoing, if you are collecting fees directly from Users then we are entitled to payment of all Our Fees and you may not withhold any amounts due to us.

(e) Taxes.

(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies, and charges (collectively, “Taxes”) apply to your use of the Services and to any User Orders made using the Services. It is your sole responsibility to, and that you will, collect and remit the correct amounts of all such Taxes to the applicable governmental authorities (the “Tax Authorities”). In the event that a Tax Authority requires that we pay any Taxes attributable to your use of the Services or to User Orders made using the Services for your Event, you will reimburse us for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

(ii) Notwithstanding the preceding paragraph, we may, in certain jurisdictions, be required to collect and remit Taxes on Our Fees to the Tax Authorities. In such jurisdictions, we will collect Taxes on Commission Fees, from you, and you will pay such Taxes. We may, at our sole discretion, invoice you for Taxes on fees payable hereunder or withhold (from amounts it would otherwise pay to you) the amount of Taxes on fees. Irrespective of our collection of Taxes on fees from you, you remain responsible for collecting and remitting the correct amount of any Taxes that apply to your use of the Services and to User Orders using the Services.

(iii) We reserve the right to seek payment from you of any amounts on Taxes uncollected and unremitted, related to your Events, your use of the Services, and any User Orders.

(f) Cancellations; Nonperformance; Refunds.

(i) It is your responsibility to communicate your refund policy in the Event Order and, if consistent with your Event Order, to issue refunds to Users for any cancelled Event or rescheduled Event. If we receive a refund request, we may instruct Users to contact you directly. All communications or disputes regarding refunds are between you and the Users, and we will not be liable for refunds, errors in issuing refunds, or lack of refunds.

(ii) For the avoidance of doubt, you are responsible for Your Fees to be refunded to participants for your Event as well as the value of any applicable portions of Our Fees, Other Fees, Payment Processing Fee, and any other fees or cost to process the refunds for each User Order. We will not be liable to you or to any Users for any refunds of Your Fees, Our Fees, Other Fees, Payment Processing Fees, or any other fees in connection with any cancelled or rescheduled Events.

8. OUR OBLIGATIONS.

(a) Subject to your compliance with these Terms and any applicable Event Order, we will list your Events to Users on the Platform, and provide the Services to you.

(b) Subject to your compliance with these Terms and any applicable Event Order, once you complete the Event Registration Process, we receive confirmation of a User’s registration or sale for Additional Product, and we receive payment of the User Order Price (as applicable), we will:

(i) submit the User Order information to you or Ticket Seller (as applicable); and

(ii) send a confirmation to the User of the acceptance of the User Order.

(c) We are acting solely as an intermediary between you and the Users regarding the Event, and the completion of the Event Registration Process does not provide any guarantee that any Users will participate in an Event or Additional Products purchased or that such Users meet the terms and conditions of your Event Terms.

9. YOUR ADDITIONAL OBLIGATIONS. In addition to and without limiting the generality of any of your obligations, representations and warranties provided elsewhere in these Terms and an applicable Event Order, you represent and warrant to us that:

(a) The entering into and performing of your obligations under these Terms by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations for Events or otherwise;

(b) If you represent an entity, you have the full right, legal power and actual authority to bind such entity to these Terms;

(c) You will obtain, prior to the start of Event registration, and maintain throughout the Term, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to your Events on the Services;

(d) You will comply, and will ensure that the venue for each of your Events will comply, with all applicable laws, regulations, rules and ordinances;

(e) You will only request that we offer Event Registration Services for an Event after you obtain all required Licensures for such Event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the Event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and

(f) You will provide evidence of Licensure and related information prior to offering Event Registration Services for Events through the Services promptly upon our reasonable request from time to time.

10. IF YOU BREACH THESE TERMS.

(a) If you are in breach of, or we suspect you are in breach of, these Terms then we may:

(i) issue a warning;

(ii) effect an immediate, temporary or permanent withdrawal of your access to the Service;

(iii) refuse to submit a User Order which we have not yet submitted to you or relevant Ticket Seller on a User’s behalf;

(iv) revoke an Event Order or remove, delete or shut down any page, site or Services or User Content that are specific to you or your Events;

(v) take legal action against you; or

(vi) disclose such information to law enforcement authorities as we reasonably feel is necessary.

(b) The actions described above in this Section are not limited or exhaustive and we reserve the right to take any other action we reasonably deem appropriate.

11. TERMINATION.

(a) These Terms are effective beginning on the effective date of the applicable Event Order and for the duration of the term identified therein, if not earlier terminated under these Terms (the “Term”). These Terms and all rights provided to you (other than those that survive termination or expiration) expire on the expiration of the Term unless earlier terminated pursuant to these Terms’ express provisions.

(b) In addition to the rights above in Section 10, we may terminate your access to any or all of the Platform, Services, P4A Content or P4A Marks at any time, without notice, for any reason, including without limitation, breach of these Terms.

(c) We may immediately deactivate or delete your account and all related P4A Content or your User Content and files related to your account and/or bar any further access to such files or the Services.

(d) All provisions of these Terms that by their nature should survive expiration or termination of your right to use the Services will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, dispute resolution, and intellectual property protections).

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

(a) Disclaimer of Warranties.

(i) USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND P4A CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT ANY P4A OR USER CONTENT ON THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS. ANY P4A OR USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

(ii) WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT SUBMITTED THROUGH THE SERVICES OR THIRD-PARTY PRODUCTS OR SERVICES, ALL OF WHICH ARE AVAILABLE “AS-IS” AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SOME EVENTS MAY CARRY INHERENT RISK, SUCH AS ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS.

(b) Limitation on Liability.

(i) IN NO EVENT WILL WE, OUR AFFILIATES, OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND SPONSORS (AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES AND SUB-CONTRACTORS), BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE (AS PERMITTED BY APPLICABLE LAW), OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, DATA, OR OPPORTUNITY, INTANGIBLE LOSSES OR THE COST OF SUBSTITUTE SERVICES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, P4A OR USER CONTENT, OR ANY PRODUCT OR SERVICES PROVIDED THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE PLATFORM TO CONFORM TO THE TERMS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS (OR THIRD PARTY SERVICES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(ii) TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES WILL NOT EXCEED THE LESSER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

(iii) You acknowledge and agree that the information contained on the Services (including all User Content and P4A Content) is for general informational purposes only and does not constitute legal, fitness or other advice. You should check any information on the Services and use your own judgment before doing or not doing anything on the basis of what you see.

(iv) You acknowledge that as part of the Services we may recommend Events for certain Users. These recommendations are based on the preferences a User has selected as part of their account and are not based on their actual level of fitness. Users are solely responsible for determining whether they are able to compete in any Event (whether or not we recommended it) and we will not be responsible if a User competes in an Event which is beyond their capability.

(v) We are not the Event Organizer of the Events and have no control over the Event organization. We will not be liable to you for any injury, damage or loss a User may suffer as part of a User participating in the Event or otherwise in connection with Event (including any breach by User of the relevant Event Terms) or any failure by you to obtain or maintain any required Licensures.

(c) Indemnity. You agree to defend, indemnify and hold us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to and use of the Services, including any User Content or P4A Content transmitted or received by you; (ii) your violation of any of these Terms or an Event Order including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any content that is submitted via your account, including without limitation misleading, false, or inaccurate information; (vi) your gross negligence and willful misconduct; (vii) your Events; (viii) any dispute between you and a User in connection with an Event; and (ix) your failure to obtain or maintain any necessary Licensures. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

13. TRANSFER OF RIGHTS AND OBLIGATIONS. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms, without our prior written consent. Any attempted transfer, assignment, charge or other disposal in violation hereof will be null and void. You agree that we may, without restriction, transfer, assign, charge or otherwise dispose of any rights, licenses or obligations arising under it or in connection with these Terms.

14. RELATIONSHIP OF PARTIES. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. These Terms do not confer any rights, remedies, or benefits upon any person other than you.

15. GOVERNING LAW. These Terms and any claim or dispute arising out of or relating to these Terms or their subject matter will be governed by and construed exclusively in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules, except as otherwise provided in Section 16.

16. COPYRIGHT INFRINGEMENT. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent. You must provide the following information in writing:

(a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

(b) Identification of the copyrighted work that you claim has been infringed;

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;

(e) 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 law; and

(f) A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted as follows:

Attn: Copyright Infringement Notice

Pickleball for America Copyright Manager
Pickleball for America, Inc.
4915 Rattlesnake Hammock Rd.
Suite 157
Naples, FL 34113
Phone: 617.249.3712
Email: legal@pickle4.com

(g) UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. For residents of California, the provider of services is set forth herein.

17. DISPUTE RESOLUTION; MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

(a) WE AND YOU MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS SECTION 17 (“ARBITRATION AGREEMENT”). THIS WILL PROHIBIT YOU AND US FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS AGAINST EACH OTHER, AND THE PARTIES MUTUALLY WAIVE ANY RIGHTS TO BRING SUCH ACTIONS.

(b) We are available by email at legal@pickle4.com to address any concerns you may have regarding the Services or these Terms. Most concerns may be quickly resolved in this manner. We and you agree to use commercially reasonable efforts to address and resolve any dispute, claim, question or disagreement directly through consultation and good faith negotiations which will be a precondition to either party initiating a lawsuit or arbitration.

(c) If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated pursuant to the Section above, then either party may initiate binding arbitration.

(d) Notwithstanding any other provision in these Terms, this Arbitration Agreement will not require arbitration of the following types of claims: (i) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction, (ii) injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s confidentiality rights or copyrights, trademarks, trade secrets, patents or other intellectual property rights, and (iii) claims that may not be subject to arbitration as a matter of generally applicable law.

(e) All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability), the parties’ relationship with each other and/or the Services or P4A or User Content will be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules then in effect, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement.

(f) EACH PARTY WILL BE RESPONSIBLE FOR ITS OWN FEES AND COSTS IN CONNECTION WITH THE ARBITRATION. YOU ARE RESPONSIBLE FOR YOUR OWN ATTORNEYS’ FEES; WE WILL NOT PAY ANY ATTORNEYS’ FEES UNLESS ORDERED TO DO SO BY THE ARBITRATOR. FOR THE AVOIDANCE OF DOUBT, IN CASES WHERE A STATUTE GIVES YOU THE RIGHT TO RECOVER ATTORNEYS’ FEES IF YOU PREVAIL, THE ARBITRATOR MAY AWARD ATTORNEYS’ FEES PURSUANT TO THAT STATUTE.

(g) THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL, AND, THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.

(h) A party that seeks to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. The arbitration will be overseen by one (1) arbitrator, who will be either (1) a retired judge or (2) an attorney licensed in the state of Florida, selected by the parties (or appointed by AAA if the parties cannot agree) from AAA’s roster of commercial dispute arbitrators. The arbitration will be conducted in Tampa, Florida, and claims that do not exceed $10,000 will be conducted solely on the basis of documents submitted by the parties. By entering into this agreement, the parties submit to such jurisdiction and venue.

(i) CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION WILL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER COLLECTIVE OR REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(j) In the event that any provisions of this Section are found to be invalid or unenforceable for any reason, (i) the unenforceable or invalid provision will be severed from this Arbitration Agreement, (ii) the remainder of the Arbitration Agreement will be given full force and effect, and (iii) severance of the unenforceable or invalid provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis; provided that severance will not result in severing the Class Action and Class Arbitration Waiver in Section 17(i) in any manner that permits mass arbitration, to which the parties expressly do not consent.

18. NOTICES.

(a) All notices given by you to us must be given to the following:

Email: legal@pickle4.com

Address: Pickleball for America, Inc.

4915 Rattlesnake Hammock Rd.

Suite 157

Naples, FL 34113

(b) We will provide notice to you via the Platform or at either the email or postal address you provide to us when you set up your account.

(c) Notice will be considered properly delivered at the time when we post it on the Platform, 24 hours after an email is sent, or three days after the date of sending a letter or delivering via nationally recognized overnight courier, provided in each case that delivery in fact is effected. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.

19. MISCELLANEOUS.

(a) If any term of these Terms are found by any court or arbitrator to be void or otherwise unenforceable, the remainder of these Terms will remain valid and enforceable as though such term were absent upon the date of the execution of these Terms. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by you or us to enforce any provision of these Terms will not constitute a waiver of such provision or of any other provision of these Terms. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. These Terms, the Event Order and our Privacy Policy constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services. In the event of conflict between these Terms and an Event Order, an Event Order will control. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. Your rights and duties under these Terms are not assignable by you without our written consent and any prohibited assignment is null and void. These Terms will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns. Any provision of these Terms that imposes or contemplates continuing obligations on you or us will survive the expiration or termination of these Terms.

ORGANIZER TERMS OF SERVICE

ORGANIZER
TERMS OF SERVICE