The Informational Tennis Web site at https://mrkitchengadgets.com/ is a copyrighted work of Tennis Hunters. Some features of the Website may be subject to additional policies, conditions or rules that will be posted on the Website in connection with those features.
All such additional terms, instructions and rules are incorporated by reference into these terms.
These conditions require the individual use of arbitration, Section 10.2, to resolve disputes, and also limit the means available to you in the event of a dispute.
Access to the site
Based on these Terms.
The Company grants you a non-transferable, non-exclusive, revocable and limited license to access the Site for your personal and non-commercial use only.
The rights granted to you in these Terms are subject to the following restrictions: (a) you will not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially use the Website; (b) you will not alter, create derivatives, disassemble, recompile or reverse engineer any part of the Website; (c) you will not have access to the Site in order to create a similar or competing Website; and (d) unless expressly stated otherwise, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means, unless otherwise stated, any future edition, update or further additions to the functionality of the site will be subject to these terms.All copyright notices and other proprietary notices on the Website must be retained on all copies thereof.
The Company reserves the right to change, suspend or discontinue the Site without notice or notice. You agree that the Company will not be liable to you or to any third party for any changes, interruptions or terminations of the Site or any part thereof.
No support or maintenance.
You agree that the Company will have no obligation to provide you with any support in connection with the Site.
If you exclude any user content you provide, you acknowledge that all intellectual property rights in the copyrights, patents, trademarks and trade secrets to this site and their content are the property of the Company or its suppliers. Please note that these Terms and Conditions and access to the Site do not give you any rights, title or interest in intellectual property rights, except for the limited access rights set forth in Section 2.1. The company and its suppliers reserve all rights not granted in these conditions.
Third party links and advertisements; Other users
Third party links and advertisements.
This site may contain links to third party websites and services and / or display advertisements for third parties. Such third party links and advertisements are not under the control of the Company and the Company is not responsible for any third party links and advertisements. The Company provides access to these links and third-party advertisements for your convenience only and does not control, endorse, monitor, endorse, guarantee or make any representations regarding the links and advertisements and third-party advertisements. You use all third party links and advertisements at your own risk and you should exercise reasonable care and discretion.Clicking on any of the third party links and advertisements will apply the applicable third party terms and conditions, including the third party’s privacy and data collection procedures.
Each user of the site is solely responsible for any of their own user content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company will not be liable for any losses or damages incurred as a result of any such interactions. In the event of a dispute between you and any user of the site, we are not obliged to engage in it.
You hereby release and forever relieve the Company and our officers, employees, agents, successors and agents, and hereby waive and waive all past, present and future disputes, claims, disputes, claims, rights, obligations, responsibilities, acts and causes. of any kind and nature which arose or arise directly or indirectly from the Site or which relate directly or indirectly to the Site. If you reside in California, you hereby waive Section 1542 of the California Civil Code in connection with the foregoing, which states: which, as far as he knows, must have significantly affected his settlement with the debtor. ”
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This site is provided “as is” and “as available”. The Company and our suppliers expressly disclaim any warranties and conditions of any kind, whether express, implied or statutory, including any warranties or conditions of merchantability. , fitness for a particular purpose, title, tacit use, accuracy or non – infringement. We and our suppliers do not warrant that the Site will meet your requirements, be available continuously, on time, safely or error-free, or that it will be accurate, reliable, free of viruses or other malicious code, complete, legal or secure. To the extent that applicable law requires any warranties regarding this site, all such warranties are limited to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of liability
To the maximum extent permitted by law, in no event shall the company or our suppliers be liable to you or any third party for any lost profits, loss of data, replacement costs or any indirect, consequential, exemplary, incidental, special or punitive damages resulting from or related with these terms or with your use or inability to use this site, even if the company has been informed of the possibility of such damages. Access to and use of this site is at your own discretion and risk. You will be responsible for any damage to your device or computer system or loss of data resulting from them.
To the maximum extent permitted by law, notwithstanding anything to the contrary, our liability to you for any damages arising out of or in connection with this Agreement will always be limited to a maximum of fifty US dollars ($ 50). The existence of more than one claim will not increase this threshold. You agree that our suppliers shall have no liability arising out of or in connection with this Agreement.
Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Duration and termination.
Subject to this section, these terms will remain in full force and effect during your use of the Site. We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and the right to access and use the Site will terminate immediately. You understand that any termination of your Account may require the deletion of your User Content related to your Account from our live databases. The Company will not have any responsibility for you to terminate your rights under these Terms. Upon termination of your rights under these Terms, the following provisions of these Terms will survive: Sections 2 to 2.5, Section 3 and Sections 4 to 10.
The company respects the intellectual property of others and requires users of our sites to do the same. In connection with our site, we have adopted and implemented a copyright-compliant policy that provides for the removal of any infringing material and the termination of users of our website who repeatedly infringe intellectual property rights, including copyright. If you believe that one of our users is illegally infringing the copyright in a work by using our site, and you wish to remove allegedly infringing material, the following written notice (under up to 17 USC § 512 (c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identify copyrighted works that you claim have been infringed;
- identifying material in our services that you believe is infringing and that you request us to remove;
- sufficient information to enable us to locate such material;
- your address, telephone number and e-mail address;
- a statement that you have a good faith belief that use of the unwanted material is not authorized by the copyright owner, its agent, or the law; a
- a statement that the information in the notification is accurate and that, under penalty of perjury, you are either the owner of the copyright that is allegedly infringed or that you are authorized to act on behalf of the copyright owner.
Please note that under 17 U.S.C. § 512 (f), any misrepresentation of a material fact in a written notice automatically exposes the plaintiff to liability for any damages, costs, and legal fees incurred by us in connection with the written notice and allegations of copyright infringement.
These Terms are subject to periodic review, and if we make any material changes, we may notify you by sending an email to the last email address you provided to us or by prominently posting changes to our Terms. Pages. You are responsible for providing us with your most current email address. In the event that the last email address you provided us is not valid, our submission of an email containing such notice will constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective no earlier than thirty (30) calendar days after we send the email or thirty (30) calendar days after we post notice of the changes on our site. These changes will take effect immediately for new users of our site.Continued use of our site after notification of such changes will constitute your confirmation of these changes and your agreement to be bound by the terms of these changes. Dispute resolution. Please read this arbitration agreement carefully. It is part of your contract with the company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND CANCELLATION.
Applicability of the arbitration agreement.
All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in a low value court will be settled by individual binding arbitration under the terms of this arbitration agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company and to all subsidiaries, affiliates, agents, employees, predecessors of interest, successors and assigns, as well as to all authorized or unauthorized users or recipients of the Services or Goods provided under these Terms.
Obligation to notify and informal dispute resolution.
Before either party can request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the remedy sought. The company notice should be sent to: 4913 Hickman Street Geneva. Upon receipt of the notice, you and the Company may attempt to resolve the complaint or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the notice, either party may initiate arbitration proceedings. The amount of any settlement offer submitted by either party may be disclosed to the arbitrator only after the arbitrator has determined the amount of the prize to which either party is entitled.
Rules of arbitration.
Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available for arbitration, the parties agree to choose an alternative ADR provider. The rules of the ADR Provider will govern all aspects of arbitration, provided that these rules do not conflict with the Terms. The AAA Consumer Arbitration Rules governing arbitration are available online at adr.org or at AAA 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claim or dispute in which the total amount of the valuation requested is less than ten thousand US dollars (USD 10,000.00) may be settled by binding arbitration under a non-participating procedure, preferably by the party seeking relief.In the case of disputes or disputes in which the total amount of the required valuation is tens of thousands of US dollars (USD 10,000.00) or more, the right to negotiate will be given by the arbitration rules. Any hearing will be held on site within 100 miles of your residence, unless you reside outside the United States and the parties agree otherwise. If you reside outside the United States, the arbitrator shall inform the parties accordingly of the date, time and place of any oral hearing. Any judgment given by an arbitrator may be decided by any court of competent jurisdiction. If the arbitrator awards you a prize that is higher than the last settlement offer the company made to you before the arbitration began, the company will pay you the higher of the prize, or $ 2, 500.00. Each party shall bear its own costs and expenses incurred as a result of the arbitration,and pay an equal share of the fees and costs of the ADR provider.
Additional Rules for Non-Participating Arbitration Appearance.
If arbitration is chosen on the basis of non-participating proceedings, the arbitration shall be conducted by telephone, online or solely on the basis of written submissions; the specific method shall be chosen by the party who commenced the arbitration. Unless the parties agree otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses.
If you or the company conduct arbitration proceedings, the arbitration proceedings must be commenced and / or requested within the limitation period and within the time limit set by the AAA rules for the claim in question.
If arbitration is instituted, the arbitrator will decide on the rights and obligations of you and the Company and the dispute will not be consolidated with any other matters or linked to other cases or parties. The arbitrator has the power to grant motions that are available to all or part of any claim. The arbitrator will be entitled to award pecuniary damages and to grant any non-pecuniary remedies or reliefs available to the individual in accordance with applicable law, AAA rules and conditions. The arbitrator shall issue a written decision and a statement of the decision, describing the basic findings and conclusions on which the decision is based. The arbitrator has the same power to grant individual allowances as a judge would have before a court. The price of the referee is final and binding for you and the company.
Waiver of jury proceedings.
THE CONTRACTING PARTIES hereby terminate the courts with the constitutional and statutory rights to go to court and to conduct an examination before a judge or jury, instead of deciding that all claims and disputes shall be settled by arbitration under this arbitration agreement. Arbitration procedures are usually more limited, more efficient and cheaper than the rules applicable in the court, and the courts are subject to very limited review. In the event that any litigation arises between you and the Company in any state or federal court in connection with the enforcement or enforcement of an arbitration award or otherwise, YOU AND THE COMPANY WILL UNLIME ALL RIGHTS TO THE VIOLED EXAMINATION instead of resolving the dispute. judge.
Waiver of class or consolidated actions.
All claims and disputes that fall within the scope of this arbitration agreement must be settled or litigated individually, not in groups, and disputes of more than one customer or user may not be settled or litigated jointly or consolidated with the claims of any other customer. or user.
All aspects of the arbitration proceedings are strictly confidential. The contracting parties undertake to maintain confidentiality, unless the law provides otherwise. This paragraph shall not prevent a Party from submitting to the Court any information necessary for the implementation of this Agreement, the enforcement of an arbitration award, or the obtaining of an injunctive or fair measure.
If any part or parts of this arbitration agreement are held by law to be invalid or unenforceable by a court of competent jurisdiction, then that particular part or parts will have no validity and effect and will be separate and the remainder of the agreement will be terminated. continue in full force and efficiency.
The right to give up.
The party or party against whom a claim is made may waive any or all of the rights and restrictions set forth in this arbitration agreement. Such waiver shall not waive or affect any other part of this Arbitration Agreement.
Survival of the agreement.
This arbitration agreement will remain in effect upon termination of your relationship with the Company.
Small Disputes Court.
However, you or the company can file an individual lawsuit in a small litigation court.
As noted above, either party may request fair emergency assistance before a state or federal court to maintain the status quo prior to arbitration. An application for interim measures shall not be construed as a waiver of any other rights or obligations under this Arbitration Agreement.
Claims that are not subject to arbitration.
Notwithstanding the foregoing, the arbitration agreement shall not be subject to complaints of defamation, infringement of the Computer Fraud and Abuse Act, and infringement or misuse of the other party’s patents, copyrights, trademarks or trade secrets.
In any circumstances where the above arbitration agreement allows the parties to bring litigation, the parties hereby undertake to submit for these purposes the personal jurisdiction of the courts located in the Dutch county of California.
This site may be subject to US export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or directly or indirectly transfer any U.S. technical data obtained from a company or products that use such data in violation of U.S. export laws or regulations.
The company is located at the address in section 10.8. If you are a resident of California, you may report complaints to the Consumer Goods Division of the Consumer Affairs Division of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210. .
Communication between you and the Company is by electronic means, whether you use the Website or send us emails, or whether the Company publishes notices on the Website or communicates with you via email. For contractual purposes, you (a) agree to receive notices from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other notices provided to you electronically by the Company will comply with any legal obligation that such communication would satisfy if it were in hard copy.
These terms and conditions constitute the entire agreement between you and us with respect to the use of this site. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The section names in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will not be damaged and the invalid or unenforceable provision will be deemed to be valid and enforceable to the maximum extent permitted by law. Your relationship with the Company is an independent supplier relationship and neither party is an agent or partner of the other party.These Terms and your rights and obligations set forth herein may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of the Company and any attempt to assign, subcontract, delegate or transfer in violation of the foregoing will be void. The Company is free to assign these Terms. The conditions stated in these conditions are binding for the successors.
Copyright / Trademark Information.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third parties. You may not use these Marks without our prior written consent or the consent of a third party who may own the Marks.
Address: 941 S Vermont Ave, Los Angeles, CA 90006