No part of the Platform is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THE PLATFORM.
Platform Content Copyright/Trademark. Unless otherwise noted, all content included on the Platform, including any compilation of that content, is the property of TSC or its licensors, partners or affiliates and is protected by United States and international copyright laws. Any unauthorized use of any content on the Platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All trademarks, service marks, and trade names that appear on the Platform are proprietary to TSC or their respective owners, and you may not display or reproduce them in any manner without TSC’s prior written consent.
Rights Under the DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TSC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We do not represent or guarantee the truthfulness, accuracy, or reliability of UPC.
introduce any viruses, bots Trojans, or similar programs or any harmful or malicious code onto the Platform; attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Platform, Accounts, or the technology and equipment supporting the Platform; use data mining, robots, or other data gathering devices on or through the Platform; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Platform to a third-party without our express written consent; post advertising or marketing links or content without our express written consent; use the Platform in an illegal way or to commit an illegal act in relation to the Platform or that otherwise results in fines, penalties, and other liability to TSC or others; or access the Platform from a jurisdiction where it is illegal or unauthorized.
Online Commerce. Certain sections of the Platform may allow you to make purchases from us. If you make a purchase from us through the Platform, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, our payment processing company, and any third-party with whom we contract for purposes of order processing or fulfillment.
Returns of Merchandise. Merchandise purchased through the Platform may be returned within thirty (30) days of the date of purchase for a full refund. If you wish to return merchandise you must send an email to Info@TheSquashCenter.org including your order number and the item(s) you wish to return. A return authorization will be emailed to you with instructions. No return will be accepted without a return authorization.
In addition, all returns must be in brand new resaleable condition. We will not accept any of the following as returns:
racquets that have been played with and/or plastic wrap removed from grip; custom strung racquets; footwear that has any indication of being used; string, grip, balls, or accessories for which the package has been opened; any clothing that has been worn or from which the tags have been removed.
Any items you attempt to return to us that do not meet our return policy (including your failure to obtain a return authorization) will be sent back to you at your expense, with all shipping expenses charged to your credit card.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) YOUR USE OF THE PLATFORM AND ANY PRODUCTS YOU PURCHASE THROUGH THE PLATFORM IS AT YOUR SOLE RISK, AND THE PLATFORM AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE PLATFORM, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) WE MAKE NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation on Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE PLATFORM; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
(a) Information you provide to us: We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of the Platform, your submissions to us via the Platform, whether through an Account or otherwise, including, but not limited to, your name, e-mail address, mailing address, telephone number, and credit card information (including credit card number, expiration date, security code, billing name and billing address). In addition, we and our Contractors may collect the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made.
In addition, the information we collect may reveal such things as the Internet protocol address assigned to your computer, specific pages that you access on the Platform or prior to or after visiting the Platform, and the length of time you spend at the Platform..
Purpose of Collection and Use of Personal Information. We collect and use Personal Information for a number of reasons. We may use it to:
administer the Platform, Accounts, and transactions with respect to Accounts; operate and improve the Platform; provide customer support; communicate with Users regarding support, security, technical issues, marketing, and transactions; target offers to Users and elevate User eligibility for offers, products, or services and the appropriateness of those offers, products, or services for Users; facilitate marketing, advertising, surveys by TSC or its commercial partners administer and carry out our obligations under contracts and to comply with the law.
Disclosure of Personal Information. We may disclose your Personal Information to:
TSC’s Affiliates and commercial partners, which may use the Personal Information for the purposes described above; Contractors who act for us or provide services for us, such as for marketing or for the processing of payments, and as to such Contractors their use of Personal Information is subject to our agreements with them and any applicable laws; any person or government agency in response to a subpoena; to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued; to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued; any person to enforce our rights or protect our property, to protect the rights, property or safety of others, or to investigate fraud; any person, at your specific direction; and TSC’s employees and outside professionals (such as lawyers and accountants) for the purpose of auditing, compliance, and corporate governance.
Email Policies. We reserve the right to send you email relating to your Account and TSC’s products or services. You agree to receive such emails. We also reserve the right to send you email concerning programs and products that may be of interest to you, whether offered by MCSC or its commercial partners, but you may opt out of such email by clicking this link and following the prompts. [LINK].
Accessing and Correcting Personal Information. You may correct or update certain of your Personal Information via your “My Account” screens on the Platform. You may close an Account, but TSC will nevertheless retain your Personal Information so as to protect the business interests of TSC, its affiliates, its customers, Contractors, and other Users. Those interests include the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.
California Privacy Rights and Other Inquiries. Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform Users about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.