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DMCA COPYRIGHT POLICY
If you believe any Content on the Services infringes a copyright, you may request removal of such Content (or access thereto) from the Services by contacting our Copyright Agent (designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2)) at the email address set forth below and providing the following information:

Your name, address, telephone number, and e-mail address.
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Email: mike (at symbol) TennisRacket.me

In an effort to protect the rights of copyright owners, it is our policy to terminate the account or accounts of suspected infringers on the Services in appropriate circumstances and at our sole discretion.

INDEMNIFICATION AND WARRANTY DISCLAIMERS

You agree to indemnify and hold harmless us and our affiliates and each of our and their respective representatives, agents, related entities, employees, contractors, directors, and suppliers from any claim, liability, loss, expense, judgment, settlement, or demand, including, but not limited to, reasonable attorneys’ fees, incurred due to, arising out of or relating to your Content, your use of or access to the Services and/or Content, your User Content, your violation of these Terms of Use, or your violation of any rights of another person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you shall assist and cooperate with us in asserting any available defenses.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services.

YOUR USE OF THE SERVICES AND THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE SERVICES AND THE LICENSED APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT WARRANT THAT THE SERVICES AND/ OR OUR SERVERS, OR COMMUNICATIONS SENT FROM US OR THROUGH THE SERVICES, OR THE LICENSED APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF OURSELVES AND OUR LICENSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (A) THE SERVICES OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED APPLICATION, (D) THE ACCURACY, LEGALITY OR QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, AND/OR (E) ANY DEFECTS OR ERRORS OF THE SERVICES OR THE LICENSED APPLICATION WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE LICENSED APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SERVICES OR THE LICENSED APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this paragraph will be null and void. This arbitration agreement will survive the termination of your relationship with us.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, RELATED ENTITIES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER ANY NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR: (I) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES AND/OR THE APPLICATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR THE LICENSED APPLICATION, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, 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 ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, (II) LIABILITY THAT EXCEEDS IN THE AGGREGATE THE GREATER OF THE FEES PAID TO US BY YOU FOR THE SERVICES DURING THE IMMEDIATELY PRIOR THREE MONTHS OR $100, (III) DATA LOSS OR LOSS OF BUSINESS, GOODWILL, OR PROFITS, (IV) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS, OR (V) ANY MATTERS BEYOND OUR REASONABLE CONTROL; IN EACH CASE, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of these Terms of Use and use of the Services does not create a joint venture, partnership, employment, or agency relationship between you and us and you have no authority to bind us in any respect. You may not assign, delegate or transfer your rights or obligations under these Terms of Use and any such prohibited assignment transfer shall be null and void. We may freely assign, delegate and transfer the Terms of Use and any of our rights and obligations. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Except as otherwise expressly set forth in these Terms of Use, these Terms of Use and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Licensed Application, or these Terms of Use will be forever barred if not filed within one (1) year after such claim or cause of action arose. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of user Content, ownership provisions, warranty disclaimers, indemnity provisions, limitations of liability, and the dispute resolution provisions.

INTERNATIONAL USERS

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

QUESTIONS

If you have any questions or concerns regarding our Terms of Use or this Website please contact us at Mike (at symbol) TennisRacket.me or submit a question through our contact page.

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