Effective Date: Last updated July 18, 2024.
1. Acceptance of Terms
By accessing and using the website www.erstennis.com (the "Site"), you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use the Site.
2. Use of the Site
You agree to use the Site for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
3. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Elite Racquet Sports or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.
4. User Submissions
Any material, information, or other communication you transmit or post to the Site ("Submissions") will be considered non-confidential and non-proprietary. Elite Racquet Sports will have no obligations with respect to the Submissions and will be free to copy, disclose, distribute, incorporate, and otherwise use the Submissions for any and all commercial or non-commercial purposes.
5. Links to Third-Party Websites
The Site may contain links to third-party websites that are not controlled or operated by Elite Racquet Sports. We are not responsible for the content, privacy policies, or practices of any third-party websites. The inclusion of any links does not imply our endorsement of the views expressed within them.
6. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis. Elite Racquet Sports makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Your use of the Site is at your sole risk.
7. Limitation of Liability
In no event will Elite Racquet Sports, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, including but not limited to damages for loss of profits, use, data, or other intangibles, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
8. Indemnification
You agree to indemnify, defend, and hold harmless Elite Racquet Sports, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that they may incur as a result of or arising from your violation of these Terms of Use or your use of the Site.
9. Changes to Terms of Use
We may update these Terms of Use from time to time. We will notify you of any changes by posting the new Terms of Use on this page. You are advised to review these Terms of Use periodically for any changes. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.
10. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Use shall be brought exclusively in the federal or state courts located in Los Angeles, California, and you consent to the jurisdiction of such courts.
11. Contact Us
If you have any questions about these Terms of Use, please contact us at mcc@erstennis.com.