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Tennis Express Terms and Conditions of Use

Last Updated January 21, 2013

  1. Agreement. These terms and conditions of use ("Terms of Use") are entered into by and between Tennis Express, LP (“Tennis Express,” "TE," "Us," "We" and "Our"), and you ("You," and "Your"). These Terms of Use, together with Our privacy policy located at http://www.tennisexpress.com/privacy-policy as updated form time to time (the "Privacy Policy") contain the terms and conditions that govern Your access to, and use of Our website located at http://www.TennisExpress.com and any tools hosted thereon, its content, the software and the associated materials made available through the website (the "Website"). We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to comply with and be bound by these Terms of Use in effect each time you use the Website. For this reason, you should review these Terms of Use each time you use the Website. The Website is provided by Tennis Express.
  2. Products, Content and Communications. All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We use reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display all colors.

    The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use only (where no admission fee is charged), for non-public performance, and may not be duplicated

    When You visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
  3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the You as the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
  4. Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
  5. Use of the Website. We grant You a limited, non-exclusive right to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. Any unauthorized use automatically terminates the permission granted by Us.

    The Website design and all text, graphics, information, content, and other materials displayed on or that can be downloaded from the Website are either the property of, or used with permission by Tennis Express or our other service providers and suppliers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such materials. The materials and other Content accessible from Our Website, and any other website owned, operated, licensed, or controlled by Us, is Our proprietary information or the party that provided the Content to Us, and We and the party that provided the Content to Us retain all right, title, and interest in this Content. Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without Our prior written consent. In any event, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of any Content except as expressly provided in these Terms of Use violates Our intellectual property rights or the intellectual property rights of third parties. Neither title nor intellectual property rights are transferred to You via access to Our Website. You may not modify the information or materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
  6. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of Us and Our affiliates. Other trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without Our written permission or such third party owner.
  7. Copyright and Intellectual Property Policy. Tennis Express takes all concerns related to intellectual property seriously. It is TE's policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user's account if she or he infringes, is alleged to infringe, or appears to infringe the intellectual property rights of others.

    If You believe that any Content on Our Website infringes any copyright, or any other valid intellectual property right, please provide the following information to TE's Agent.
    1. A physical or electronic signature affirming that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on Our Website;
    3. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
    4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that You have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Please provide this information to Tennis Express, who can be reached as follows:

    By Mail: Executive Office, Tennis Express, 10770 Westheimer Rd., Houston, TX 77042.

    Linking to the Website. Creating or maintaining any link from another Web site to any page on the Website without Ours prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another Web site without Our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rule and regulations.
  8. Third Party Links. From time to time, the Website may contain links to websites that are not owned, operated or controlled by Us or Our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither We nor any of Our affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Web site. Neither We nor any of Our affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from the Website, you do so entirely at your own risk.

    From time to time, We may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold Us harmless and agree that We shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party
  9. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that We may have at law or in equity, if We reasonably determine that you have violated or are likely to violate the foregoing prohibitions, We may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
  10. User Information. Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications or files that you transmit or post to the Website in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. We, each of Our affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligations to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material We deems inappropriate or unacceptable.
  11. DISCLAIMERS. YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TENNIS EXPRESS NOR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER TENNIS EXPRESS NOR ANY OF OUR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.

    THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  12. LIMITATIONS OF LIABILITY. We do Not assume any responsibility, and shall not be liable for, any damages to, or viruses or other malware that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials, from the Website. IN NO EVENT WILL WE, TE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
  13. Indemnity. You agree to indemnify and hold Tennis Express, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by You, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from Our Website.
  14. Security. You are prohibited from using any services or facilities provided in connection with Our Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Tennis Express reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents Tennis Expressreserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Tennis Express to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS TE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TENNIS EXPRESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TENNIS EXPRESS OR LAW ENFORCEMENT AUTHORITIES.
  15. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Tennis Express to the extent necessary to resolve any inconsistency or ambiguity between them. The Website is administered by Tennis Express from its offices in Houston, Texas. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website shall be brought only in the courts of the State of Texas or the United States District Court for the Southern District of Texas. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  16. Termination. You or we may suspend or terminate Your account or Your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.
  17. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 713-435-4800.

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