Terms of service

Terms of Service

OVERVIEW

This website (the “Site”) is operated by Bald Eagle Merchandising, Inc. (“BEM”) for the benefit of itself and United States Tennis Association Incorporated and its affiliate USTA Coaching, Inc. (together, along their collective affiliates, “USTA”). Throughout the Site, the terms “we”, “us” and “our” refer to BEM. We offer this Site, 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.

Please read these Terms of Service carefully before accessing or using the Site. 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. 

Any new features or tools which are added to the Site 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 Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to offer our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By using this Site, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are using the Site under the direct supervision of a consenting parent or legal guardian. Use of this Site by minors under the age of legal majority without the direct supervision and consent of a parent or legal guardian is expressly prohibited. You may not use the Site or our services for any illegal or unauthorized purpose nor may you, in the use of the Site, 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 use of the Site is governed by our Privacy Policy. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, products or services offered thereon, or related websites, 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 – DISCLAIMER OF ACCURACY AND COMPLETENESS OF INFORMATION

THIS SITE AND THE PRODUCTS, SERVICES AND CONTENT PROVIDED THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND USTA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND USTA DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SITE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND USTA DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

SECTION 4 – SITE, PRODUCT AND MODIFICATIONS 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service, the Site, 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 AND 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 refuse any order and/or limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited. 

 

SECTION 6 – OWNERSHIP

All content included on the Site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of USTA or its content suppliers or licensors and is protected by the laws of the United States and other countries and international treaties. The compilation of all content of the Site is the property of USTA and is protected by the laws of the United States and other countries and international treaties. Our inclusion of such content on the Site is expressly authorized and licensed to us by USTA and does not constitute a waiver of USTA’s ownership right(s) in such content and you are not granted any ownership rights of content included on the Site. USTA COACHING and other marks indicated on the Site are the proprietary trademarks of the USTA in the United States. All other trademarks that are not owned by USTA that appear on the Site are the property of their respective owners, which may or may not be affiliated with or connected to us or USTA.

SECTION 7 - EXCLUSIVE PAYMENT METHOD & ACCURACY OF BILLING INFORMATION

To support our goals to optimize security and provide a streamlined checkout experience, we accept payments exclusively through Shopify Payments. By completing a purchase on our store, you agree to comply with and be bound by the Shopify Payments Terms of Service and Consumer Privacy Policy.

We do not accept alternative standalone payment processors, external third-party payment gateways, direct bank transfers, or cash on delivery. All major credit cards and express checkouts supported directly and natively by our Shopify Payments configuration are accepted.

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 payment information, to the extent required for us to process your order(s) and contact you as needed.

 

SECTION 8 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools to enhance your experience using the Site, 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 the 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 9 - FEEDBACK AND USER-GENERATED CONTENT

If, at any time, you submit or send to us any feedback, ideas, suggestions, recommendations, or other materials relating to the Site, our products, services, or business (collectively, “Feedback”), or if you post, submit, or otherwise make available any content through the Site, including product reviews, ratings, comments, photographs, or other materials (collectively, “User Content”), you acknowledge and agree to the following terms:

Rights Grant. You hereby grant to BEM and USTA a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit any Feedback or User Content in any form or media, without any obligation of attribution or compensation to you. To the extent permitted by law, you waive any moral rights in such Feedback or User Content.

No Obligations. BEM and USTA are under no obligation to review, maintain in confidence, compensate you for, respond to, or use any Feedback or User Content. BEM or USTA may, in their sole discretion, use, implement, publish, or disregard any Feedback or User Content without any obligation or liability to you.

Your Representations. By submitting Feedback or User Content, you represent and warrant that you have the right to submit such content and grant the rights described herein, that it does not infringe or violate any third-party rights, and that it complies with applicable law. You agree not to submit any content that is false, defamatory, obscene, offensive, infringing, or otherwise objectionable or harmful.

Moderation and Disclaimers. BEM and USTA reserve the right, but have no obligation, to monitor, edit, or remove any User Content at any time, for any reason, without notice or liability. User Content reflects the views of the submitting individual and does not reflect the views or endorsement of BEM or USTA. You are solely responsible for your Feedback and User Content, and BEM and USTA assume no responsibility or liability for any content submitted by you or any third party. 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11 - PROHIBITED USES

In addition to other stated prohibitions, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal 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 Site 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 Site or any related website, other websites, or the internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

 

SECTION 12 - 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 indefinitely 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 BEM, USTA, our respective parents, subsidiaries, and affiliates and their respective directors, officers, owners, members, employees, affiliates, agents, contractors, suppliers, service providers, licensees or licensors (collectively, the “Store Indemnitees”) be liable for: (a) 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;(b) for any other claim related in any way to your use of the Site, its services or products, 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; or (c) any liability or amounts due in connection herewith that exceed the amount  you actually paid for orders placed on the Site within the twelve months preceding the occurrence of the claim giving rise to the relevant liability. 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 13 - INDEMNIFICATION; RELEASE AND WAIVER OF CLAIMS

Indemnification. You agree to indemnify, defend and hold harmless the Store Indemnitees 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.

Release of Claims. To the fullest extent permitted by applicable law, you hereby release and forever discharge the Store Indemnitees from any and all claims, demands, damages, actions, causes of action, suits, costs, expenses, liabilities, and obligations of every kind and nature whatsoever, whether known or unknown, that you now have, have ever had, or may hereafter have against the Store Indemnitees arising out of or in any way related to: (a) your access to, browsing of, or use of the Site; (b) your use of any account or user profile on the Site; (c) your purchase, attempted purchase, return, exchange, or use of any products or services offered through the Site; (d) any transactions conducted through the Site, including payment processing, order fulfillment, shipping, and delivery; (e) any content, information, or materials displayed on or accessible through the Site; or (f) any communications, interactions, or disputes with us, USTA, or any third parties arising from your use of the Site (collectively, the “Released Claims”).

Waiver of Unknown Claims. In connection with the foregoing release, and to the fullest extent permitted by applicable law, you expressly waive and relinquish any and all rights and protections you may have under any federal, state, or local law, statute, rule, regulation, or principle of common law that would otherwise limit or restrict the effect of the foregoing release with respect to claims that you do not know or suspect to exist in your favor at the time you agree to these Terms, including any rights or protections under California Civil Code Section 1542 and any similar or analogous law of any other jurisdiction.

California Civil Code Section 1542 provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

You acknowledge that you may later discover facts different from or in addition to those you now know or believe to be true with respect to the Released Claims and that, notwithstanding any such discovery, you intend the foregoing release to apply to all Released Claims, whether known or unknown, to the fullest extent permitted by applicable law. You acknowledge and agree that this waiver is a material part of these Terms.

Nothing in this provision releases, waives, or limits any claim, right, or remedy that cannot lawfully be released, waived, or limited under applicable law.

SECTION 14 – SEVERABILITY; REFORMATION

If any provision of these Terms, or any portion thereof, is determined to be invalid, illegal, or unenforceable under applicable law, then, to the extent modification is permitted by applicable law, such provision shall be modified only to the minimum extent necessary to render it valid and enforceable while preserving its original intent as nearly as possible. If modification is not permitted or would not render the provision enforceable, the invalid, illegal, or unenforceable portion shall be severed only to the minimum extent necessary, and the remainder of the provision and these Terms shall remain in full force and effect.

SECTION 15 - 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 Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 16 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements related to the Site shall be governed by and construed in accordance with the laws of the State of Florida. These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. The exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms of Service in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within Orange County, Florida (the “Forum”) and the parties hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Jurisdiction section will survive any termination of these Terms of Use.

SECTION 17 - NOTICE TO CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the USTA site are entitled to the following specific consumer rights notice: 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

help@ustacoachingshop.com.