TERMS OF USE
This website, as well as all associated mobile sites and mobile applications
(collectively referred to as "Site") is operated by {{COMPANY_LEGAL_NAME}} d/b/a
{{STORE_NAME}} ("us/we/our/{{STORE_NAME}}"). "You/your" means you as a user of
the Site. We offer this Site, including all information, products, and services
available from this Site, to you conditioned upon your acceptance of all the
terms, conditions, policies, and notices stated herein. YOUR CONTINUED USE OF
THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
By accessing this Site, you agree to be bound by the Terms of Use set forth
herein. If there is anything you do not understand, please email any inquiry to
legal@tenisbox.com. If at any time you do not agree to these Terms of Use, please
do not use this Site.
YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE
IN A WAY THAT MAY CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS
EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE IS IN ANY
WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR
COMPONENT OF THE SITE.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
You acknowledge and agree that all of our trademarks, logos, copyrights, and any
and all other intellectual property rights in all material or content contained
within this Site shall remain at all times vested in us or, in cases where we are
using such material or content under authority from a third party, in the owner
of such material or content.
We grant you the limited right to access and make use of the Site as our
customer. However, you shall not:
a) reproduce, duplicate, copy, sell, or otherwise exploit the Site or any
image, page layout, page design, trade dress, trademark, logo, or other
content ("Site Content") for any commercial purpose;
b) use a robot, spider, or data mining or extraction tool or process to
monitor, extract, or copy Site Content;
c) use any meta tags, search terms, key terms, or the like that contain the
Site's name or our trademarks;
d) engage in any activity that interferes with the Site or another user's
ability to use the Site;
e) modify, create derivative works from, reverse engineer, decompile, or
disassemble any technology used to provide the Site and the goods or
services offered on the Site; or
f) assist or encourage any third party in engaging in any activity prohibited
by these Terms of Use.
You may not use, copy, distribute, or exploit any of the Site Content in any
manner without our prior written permission.
All Site Content and all materials contained within the Site, including but not
limited to text, graphics, logos, icons, images, audio clips, video clips,
articles, posts, and data appearing on the Site, are owned by us or used by us
under authorization, and are protected by U.S. and foreign trademark and
copyright laws. No portion of the materials or content on these pages may be
reprinted or republished in any form without our express written permission.
INFRINGEMENT NOTICE
We respect the intellectual property rights of others and require that our users
do the same. If you believe your work has been copied in a manner that
constitutes copyright infringement, or you believe your rights are otherwise
infringed or violated by anything on the Site, please notify us by sending an
email to legal@tenisbox.com.
In order for us to more effectively assist you, the notification must include:
1. A physical or electronic signature of the owner of the right claimed to be
infringed or the person authorized to act on the owner's behalf;
2. A description of the copyrighted work or other right you claim has been
infringed or violated;
3. Information reasonably sufficient to locate the material in question on the
Site;
4. Your name, address, telephone number, e-mail address, and all other
information reasonably sufficient to permit us to contact you;
5. A statement by you that you have a good faith belief that the disputed use
is not authorized by the rightful owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the owner of the
right claimed to be infringed or are authorized to act on behalf of the
owner.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date information on the Site.
Unfortunately, despite those efforts, human or technological errors may occur.
The Site may contain typographical mistakes, inaccuracies, or omissions, some
of which may relate to pricing and availability of products, and some
information may not be complete or current. We reserve the right to correct any
errors, inaccuracies, or omissions, including after an order has been submitted,
and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your
computer and its display could affect the accuracy of its display of the colors
and look of products offered on the Site.
IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR PRIMARY
REMEDY IS TO CONTACT OUR SUPPORT TEAM TO ARRANGE A RETURN, EXCHANGE, OR REFUND
IN ACCORDANCE WITH OUR REFUND POLICY.
CHANGES TO SITE OR THESE TERMS OF USE
Other than as may be required by law, we reserve the right to modify or
withdraw, temporarily or permanently, the Site (or any part of it) with or
without notice to you, and you confirm that we shall not be liable to you or any
third party for any modification to or withdrawal of the Site or any portion of
it.
We may alter these Terms of Use from time to time, and your use of the Site (or
any part of the Site) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Terms of Use have been changed. If you do not agree to any
change to the Terms of Use, you must immediately stop using the Site.
EXTERNAL SITES AND RESOURCES
We are not responsible for the availability of any websites owned or controlled
by third parties. We do not endorse and are not responsible or liable, directly
or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of any third-party websites, including
any advertising, products, or other materials or services on or available from
such websites or resources, nor for any damage, loss, or offense caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such content, goods, or services available on such third-party external sites or
resources.
ORDERS, PRICE, AND RESALE
Nothing on the Site constitutes a binding offer to sell products described on the
Site or to make such products available in your area. We reserve the right at any
time after receipt of your order to accept or decline your order, or any portion
thereof, in our sole discretion, even after your receipt of an order confirmation
or after your credit card has been charged.
The prices displayed on the Site are quoted in U.S. dollars and must be paid in
U.S. dollars. In the event a product is listed at an incorrect price, we have the
right to refuse or cancel orders placed for the product listed at the incorrect
price, regardless of whether the order has been confirmed or your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, we will issue a credit to your credit card account in the
full amount charged.
USER CONTENT / USER REVIEWS
The Site allows or may allow users to post product reviews or other content to
the Site. We are not responsible for, nor do we vouch for the accuracy of, any
user reviews, comments, or other content posted or uploaded by a user ("User
Content"). User Content expresses the views and opinions of the user and does not
necessarily reflect our views or opinions. We reserve the right, in our sole
discretion, to edit, delete, or refuse to post User Content, for any reason.
If you believe that any User Content is inaccurate or objectionable, please
contact us at {{STORE_EMAIL}}.
By posting User Content to the Site, you agree that:
- Any product review you post must be your honest review of such product;
- If you are paid or receive a free product or anything else of value for your
review, you will state this within your review;
- You will not post any content that: (i) is defamatory, libelous,
threatening, invasive of a person's privacy, harmful, abusive, harassing,
obscene, hateful, or racially, ethnically, or otherwise objectionable, or
that otherwise violates any law; (ii) contains software viruses or any other
computer codes, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or
telecommunications equipment; (iii) infringes any intellectual property
rights;
- You will not impersonate any person or entity or misrepresent your
affiliation with a person or entity;
- You will not repeatedly post the same or similar message ("flooding") or
post excessively large or inappropriate images or content;
- You will not distribute or publish unsolicited promotions, advertising, or
solicitations for funds, goods, or services.
User Content becomes public information. You should be very careful about
posting personally identifiable information such as your name, address,
telephone number, or email address.
If you submit any User Content to this Site, you grant to us, and any of our
successors, licensees, assigns, and affiliates, a royalty-free, perpetual,
irrevocable, non-exclusive, and fully sub-licensable right and license to use,
reproduce, modify, edit, adapt, publish, translate, create derivative works from,
distribute, perform, and display the User Content in any media, now known or
hereafter devised.
SALES, SHIPPING, AND RETURNS
We accept credit cards and other approved payment methods for our products
through our third-party payment processors. Please be sure to provide your exact
billing address and telephone number (i.e., the address and phone number your
credit card bank has on file for you). Incorrect information will cause a delay
in processing your order.
For orders containing multiple products, we will make every attempt to ship all
products at the same time. Products that are unavailable at the time of shipping
will be shipped as they become available unless you inform us otherwise. You will
only be charged for products contained in a given shipment plus any applicable
shipping charges.
Your order will ship as it becomes available, and we will make every effort to
ship your order as quickly as possible. There may be times when a product you
have ordered is out of stock, which will delay fulfilling your order. You will be
informed of any out-of-stock products and unavailability for immediate shipment.
Returns, exchanges, and cancellations are governed by our Refund Policy, which
is incorporated herein by reference and available at {{STORE_URL}}/pages/refund-policy.
Your credit card will be automatically charged for all applicable sales taxes.
If you are shipping outside of the US, once your order arrives at its
destination, you will be required to pay all import duties, customs, and local
sales taxes levied by the country to which you are shipping in order to release
your order from customs. International duties and taxes are the recipient's
responsibility and are non-refundable in the event of a return or exchange.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS)
TERMS AND CONDITIONS
(a) When you opt in to the service, we will send you an SMS message to
confirm your signup.
(b) Our messaging service will be used for marketing communications including
company updates, events, sales, and shopping cart reminders.
(c) You can cancel the SMS service at any time. Just text "STOP" to the short
code. After you send "STOP," we will send you a confirmation SMS message.
After this, you will no longer receive SMS messages from us. If you want to
join again, just sign up as you did the first time.
(d) If at any time you forget what keywords are supported, just text "HELP" to
the short code. We will respond with instructions on how to use our service
as well as how to unsubscribe.
(e) Carriers are not liable for delayed or undelivered messages.
(f) Message and data rates may apply for any messages sent to you from us and
to us from you. Frequency of messages may vary. If you have any questions
about your text plan or data plan, contact your wireless provider. For
questions about the services provided by this short code, email us at
legal@tenisbox.com.
If you have any questions regarding privacy, please read our privacy policy:
{{STORE_PRIVACY_URL}}
DISCLAIMERS
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY
OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR
COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE
OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
AS SET FORTH IN THE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE,
AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY
OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS
OF REVENUES, PROFITS, CONTRACTS, BUSINESS, OR ANTICIPATED SAVINGS), OR ANY LOSS
OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR
INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, WHETHER
OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE
EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL
CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES,
SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND
ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU,
OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE USE BY
ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS
ACCOUNT.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
Any disputes arising out of or regarding these Terms of Use will be governed by
the laws of the State of {{GOVERNING_STATE}}, applicable to agreements made and
performed in {{GOVERNING_STATE}}. Except where prohibited by law, you further
agree that:
(1) Any and all disputes and causes of action arising out of these Terms of
Use shall be resolved individually, without resort to any form of class
action, and exclusively by final and binding arbitration under the rules
of the Judicial Arbitration and Mediation Services, Inc. ("JAMS").
(2) The remedy for any claim shall be limited to actual damages, and in no
event shall any party be entitled to recover punitive, exemplary,
consequential, or incidental damages, including attorney's fees or other
costs of bringing a claim, or seek injunctive relief or any other
equitable claim.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU
HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your
rights under this contract, except for matters that may be taken to small claims
court. Your rights will be determined by a neutral arbitrator, NOT a judge or
jury.
Arbitration Procedures:
- Unless you elect to conduct the arbitration by telephone or written
submission, an in-person arbitration hearing will be conducted at a JAMS
facility in your area or at a JAMS facility in {{GOVERNING_STATE}}.
- The arbitration shall be conducted by a single neutral arbitrator under
JAMS' Streamlined Arbitration Rules & Procedures for claims up to $5,000.00.
For claims exceeding $5,000.00, JAMS' Comprehensive Arbitration Rules &
Procedures apply.
- Each party shall bear its own costs and expenses. Filing fees shall be
governed by the then-current JAMS fee schedule. For claims of $1,000 or
less, we will pay all JAMS filing and arbitration fees if you cannot
demonstrate an ability to pay them.
- The Federal Arbitration Act and federal arbitration law apply to these Terms
of Use.
- Either party may, without waiving any remedy, seek from any court having
jurisdiction any interim or provisional relief necessary to protect the
rights or property of that party pending establishment of the arbitral
tribunal.
Class-Action Waiver: Any arbitration, claim, or other proceeding by or between
you and us shall be conducted on an individual basis only and not in any class
action, mass action, or on a consolidated or representative basis. The arbitrator
shall have no authority to award class-wide relief or to combine or aggregate
similar claims or unrelated transactions. If for any reason a claim proceeds in
court rather than in arbitration, each party waives any right to a jury trial.
Notice for California Users: Under California Civil Code Section 1789.3,
California residents may file grievances and complaints with: the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs, in writing at 400 R Street, Suite 1080,
Sacramento, California 95814, or by telephone at (916) 445-1254 or
(800) 952-5210, or by email at dca@dca.ca.gov.
Miscellaneous: If any part of these Terms of Use shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable
from these Terms of Use and shall not affect the validity and enforceability of
any of the remaining provisions. These Terms of Use and our Privacy Policy
contain the entire agreement between you and us relating to the Site and supersede
any previous agreements, arrangements, undertakings, or proposals, written or
oral, between you and us.
Contact:
{{STORE_NAME}}
{{STORE_ADDRESS}}
{{STORE_CITY_STATE_ZIP}}
legal@tenisbox.com
{{STORE_PHONE}} | {{SUPPORT_HOURS}}