Welcome to Mehau Pickleball LLC (“Mehau”,“Mehau pickleball” “we”, “our”, or “us”). This Terms of Service Agreement (the “Terms”) is a legal agreement between you and Mehau and governs your use of the Services. The “Services” means our websites, www.mehaupickleball.com, social media pages owned or operated by Mehau (or related entities) (together, the “Site”) and any and all products and services provided to you by Mehau. By using our Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any other individual, entity, or organization, you represent and warrant you are authorized to bind such other individual, entity, or organization to these Terms.

These Terms of Service govern your use of, and any purchase from Mehaupickleball.com, and constitute an agreement between you and Mehaupickleball.com. Mehaupickleball.com reserves the right to change or modify any of theseTerms of Service or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and any other applicable policies from time-to-time to understand the Terms of Service that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

The Site and all content and other materials, including, without limitation, the Mehau logo, the Mehau pickleball logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Mehaupickleball.com or its affiliates, licensors or users and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on Mehaupickleball.com is owned by or licensed to Mehaupickleball.com. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on Mehaupickleball.com should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on Mehaupickleball.com without the written permission of Mehaupickleball.com or any third party that may own such trademarks or service marks.

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include:

(a) any resale or commercial use of our Site or the Site Materials therein;

(b) the collection and use of any product listings, pictures or descriptions for commercial purposes;

(c) the distribution, public performance or public display of any Site Materials,

(d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof;

(e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;

(f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site;

(g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site;

(h) use our web sites in any way which interferes with the normal operation of our sites; or

(i) any use of our Site or the Site Materials other than for its intended purpose.

Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Mehaupickleball.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you're interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. Inadvertent errors or inaccurate advertised prices are not binding on Mehaupickleball.com, and may be adjusted by Mehaupickleball.com at any time. Mehau reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product's listed price than the actual price, Mehau will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Mehau apologizes for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact our customer service team at support@mehaupickleball.com.

Payment processing for our Services is provided directly by us or by one or more third party payment processors as we may designate from time to time (“Payment Processor”). Mehau does not collect or store your payment card information. You can find out more about our privacy practices in our Privacy Policy and more about our Payment Processors’ privacy practices by viewing our Payment Processors’ privacy policies, such as ShopPay, PayPal. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your transaction(s) with us and any Services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your transaction, complete your purchase, or to receive any Services.

Our storefront may be hosted on Shopify, Inc. (“Shopify”), providing us with the online e-commerce platform that allows us to sell our products to you. Purchaser data is stored through Shopify's data storage, databases, and the general Shopify application. Shopify (or its third-party payment processing vendors) stores purchaser data on a secure server behind a firewall. Please note that in such circumstances we do not ourselves directly process or store the debit/credit card data that purchasers submit. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase payment transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase payment transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For additional information, please refer to the Shopify Privacy Policy at https://www.shopify.com/legal/privacy, Cookie Policy at www.shopify.com/legal/cookies, and Data Processing Addendum at https://www.shopify.com/legal/dpa. We are not responsible for the Shopify Privacy Policy, Cookie Policy, or Data Processing Addendum and you assume all related risks when shopping on their e-commerce platform.

When you access or use Mehaupickleball.com or your personalized Mehau account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Mehaupickleball.com only under the guidance and direction of a parent or guardian. Please note that Mehaupickleball.com reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

In the case where a customer files a chargeback, Mehaupickleball.com has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Mehau's sole and absolute discretion.

Mehaupickleball.com may choose the carriers at its discretion. Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Mehaupickleball.com reserves the right to deduct the cost for returning products to Mehaupickleball.comreturns from the customer's refund for the order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but, to the maximum extent permitted by law, shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

Please review to our shipping policy here.

Please review our return policy here.

Please inspect all products upon receipt and compare them against your order. If any products are delivered damaged or incorrectly supplied, you must note the details of the damage or error on the delivery documentation at the time of delivery.
If you are unable to inspect the items upon receipt, you must notify us within a reasonable period of time by emailing support@mehaupickleball.com. After notifying us of any damaged or incorrectly supplied products, you must return the products to us as soon as reasonably possible in accordance with our instructions.

You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Mehaupickleball.com, or the Mehau products or services that are provided by you to Mehau in any form are non-confidential and upon submission, shall become the sole property of Mehau. Mehau shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Mehau and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they so choose.

You represent and warrant that

(a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site;

(b) the content is accurate and not misleading; and

(c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.

Mehaupickleball.com makes all reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Mehaupickleball.com cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Mehaupickleball.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Mehaupickleball.com make every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Mehaupickleball.com reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Mehaupickleball.com reserves the right to cancel the sale and refund the transaction in full. If a product offered by Mehaupickleball.com is not as described, your sole remedy is to return it in unused condition. All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available.

The Site contain links to web sites that are not maintained by Mehaupickleball.com. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this Site does not imply Mehau's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

At times, Mehaupickleball.com may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Mehaupickleball.com may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Mehau's business, product features, marketing, promotional, advertising and other consumer-related activities.

When you respond to a request for permission to use your social media User Content, you are granting Mehau and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the "Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.

You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties' use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties' respective privacy policies. By using this Site, you are consenting to the Licensed Parties' collection of any personal information you provide for the Licensed Parties' use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms of Service, the Mehau Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person's or entity's copyright rights, please contact Mehau.

This site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. Mehau makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. without limiting the foregoing, Mehau disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchant ability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Mehau, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.

In no event shall Mehau, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Mehaupickleball.com products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through Mehaupickleball.com, or that results from the reliance by user on any information obtained from Mehau, delays in operation or transmission or any failure of performance of Mehaupickleball.com, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Mehau's programs or services, even if Mehau is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Mehau, its directors, members, employees, affiliates or agents. in no event shall Mehau's liability be greater than the price you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

You agree to defend, indemnify, and hold harmless Mehau and its officers, directors, stockholders, affiliates, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Site (including your User Submissions) or your breach of these Terms.

Notwithstanding any of these Terms, Mehau reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Mehaupickleball.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Mehaupickleball.com without charge and Mehaupickleball.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Mehaupickleball.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Mehaupickleball.com in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Mehaupickleball.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Mehaupickleball.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Mehaupickleball.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Mehaupickleball.com or third parties as to the origin of any Submissions or Content. Mehaupickleball.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Please review our Privacy Policy, which also governs your visit to this site and for information on how Mehau collects, uses and discloses personally identifiable information from its customers. Mehau does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Mehau's systems and customers, or to ensure the integrity and operation of Mehau's business and systems, and as such, Mehau may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Mehau's right to disclose any such information shall govern over any terms of Mehau's Privacy Policy.

These Terms of Service, and any separate agreements under which we provide you with Services, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.