Terms & Conditions

BALLR Pickleball holds the authority to modify these policies and procedures without advance notice. Whenever alterations are implemented, the updated version will be promptly displayed on this webpage. Please keep an eye on this page to stay informed about any updates.

Last Revision: 06/01/2023

Special Offers & Discounts

If you have a discount code, you must enter it before you proceed to checkout, as you will not be able to do so once your payment information is processed. You may only use one discount code per order.

For any item(s) that were part of a promotional or discounted order and are being returned, the refund amount will be determined as follows: If the whole order received a discount, the discount will be evenly distributed across all items in the order. For instance, if a “$10 off” discount was applied to an order of four items, each returned item would get a refund that’s $2.50 less than the price listed at the time of purchase. If a percentage-based discount was applied, the percentage would be individually applied to each item. Promotional codes function separately from any other offers and may have restrictions, and cannot be combined with other promotions on the website or any other promotional code. For instance, a 10% off code can’t be stacked with a further 5% off code. Promotional codes can also be revoked at any moment without prior warning.

Returns & Exchanges

For purchases from ballrpickleball.com:

If the product doesn’t live up to your expectations, return it free of charge within 30 days.

We strive to ensure that you love the products you buy! However, we realize that size guides, measurements, and specs can only give you a rough idea, so if you’re not entirely happy with your purchase, we’ll do our best to help you find the right product for you. This guarantee does not cover items marked as final sale, those received for free, or purchased from third-party websites. If you have any problems with your purchase and want to discuss a return or exchange, please get in touch with us at support@ballrpickleball.com.

Please note that items received for free through a sale, giveaway, promotional offer, or similar means, are not eligible for return or exchange. 

Purchases from other Third Parties or physical stores:

If you bought your BALLR Pickleball products from a third-party website or a physical store, please initiate the return process through that platform or store. If you encounter any difficulties with the Third Party, feel free to contact us, and we’ll do our best to assist you.

Privacy Policy

At Ballr Pickleball, we are committed to safeguarding your privacy. This Privacy Policy outlines our approach to collecting, utilizing, sharing, and protecting your personal data when you use our website, purchase our goods or services, or interact with us on social media, along with your rights over your information.

We kindly ask you to carefully review this Privacy Statement. We will keep you informed of any updates to this Policy by altering the “last updated” date at the top of this page. These changes come into effect immediately upon being published on our website, and by continuing to use and access our sites, you forego explicit notification of any modifications to the Statement. We advise you to revisit this Privacy Policy periodically when using our website or engaging with us on social media. Your continued use of our website following the posting of any revised Privacy Policy signifies your acceptance of the changes.

Data Collection & Usage

We gather a range of data from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Statement, you are specifically granting us permission to collect the following data, use it, process it, and share it with third-party processors as necessary for our legitimate business needs. The data we collect may include:

INDIVIDUAL DATA – Individual Data is information that can be used to identify you, such as your name, mailing address, email address, phone number, or demographic details like your age, gender, or hometown. You willingly provide us with this information when you engage with us voluntarily on our website or any mobile application. This data is provided when you sign up with or make purchases from our website. You may also supply this data by taking part in various activities connected with our site, such as responding to blogs, reaching out to us with inquiries, or engaging in group training. The choice to disclose this data is purely voluntary. While you are not obligated to provide this information, your refusal might hinder your ability to benefit from specific features of our website or to make purchases.

COMPUTED DATA – Computed Data is information that our servers automatically compile about you when you access our website, such as your IP address, browser type, access dates and times, and the particular pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. Computed Data may also encompass data gathered by third-party service providers, such as advertising and analytics providers, and may involve cookies, log data, or web beacons. Cookies are further discussed below. Computed data collected by third-party service providers generally does not identify an individual.

FINANCIAL INFORMATION – Financial Information is data linked to your payment method, such as credit card or bank transfer details. We collect Financial Information to enable you to purchase, order, return, or exchange products or services from our website and any associated mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, Paypal, Amazon payments, Afterpay, and Stripe payments, and you should review these processors’ Privacy Policy to determine how they use, disclose, and safeguard your financial data.

SOCIAL MEDIA DATA – We may access personal information from social networking sites and apps, such as Facebook, Instagram, Linkedin, Twitter, Snapchat, TikTok, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you prefer us not to access this information, please adjust your privacy settings on the respective social networking site.

MOBILE DEVICE DATA – If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

ADDITIONAL DATA – From time to time, you might provide us with extra data for the purpose of entering a contest or giveaway or to participate in a survey. You will be asked for this information, and it will be clear that you are providing this type of data in exchange for an entry into such an event.

HOW WE EMPLOY YOUR DATA:

Your information helps us provide you with specific products and services, fulfill our obligations to you, personalize your interaction with our company and our website, and recommend other products and services we believe may pique your interest. Typically, we store your data and transmit it to a third party for processing. However, when we process your data, we do so to meet our legitimate business interests, such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app. Specifically, we might use the information and data described above to:

  • Create and manage your account;
  • Deliver products or services purchased by you;
  • Correspond with you;
  • Process payments or refunds;
  • Reach out to you about new offerings that we think you might find interesting;
  • Interact with you on social media;
  • Send you newsletters or updates about our company or website;
  • Deliver targeted advertising;
  • Request feedback from you;
  • Inform you of updates to our products and services;
  • Resolve disputes and troubleshoot problems;
  • Manage contests or giveaways;
  • Generate a profile tailored to you so that future interactions with our website will be more personal;
  • Compile anonymous statistical data for our own use or for a third party’s use;
  • Assist law enforcement as necessary;
  • Prevent fraudulent activity on our website or mobile app;
  • Analyze trends to enhance our website and offerings.

BASIS FOR COLLECTING AND PROCESSING YOUR DATA:

Primarily, we collect and store information to enable us to offer goods and services for sale. Additionally, Ballr Pickleball may collect, use, and process your information based on the following grounds:

USE OF YOUR DATA FOR BUSINESS NEEDS: We may utilize and process Your information in pursuit of Our legitimate business objectives, including, but not limited to, connecting with You, enhancing Our products or services, improving Our website, and delivering the information or products You requested.

Contract Fulfillment: We may utilize and process Your information to form a contract with You and to fulfill our contractual commitments to You.

Permission: We may use Your data, or allow selected third parties to use Your data, contingent on Your approval of Our use and distribution of that data. You have the right to withdraw Your consent at any time, although this may impact Your ability to make use of Our website or other services.

In Compliance with Laws: We may also use or process Your data as needed to adhere to legal obligations.

DISCLOSURE OF YOUR INFORMATION:

In certain circumstances, we may disclose Your information to third parties. Specifically, we may share Your data with third-party processors for our valid business interests, such as managing our website, your account, entering into contracts with you, communication, order processing, service delivery, identifying trends, ensuring our company and website’s security, and marketing additional products and services to You. Your consent to this Privacy Policy and Our need to safeguard and promote our legitimate business interests constitute the legal grounds for our disclosure of Your data. Here are specific reasons for sharing Your information:

Third Party Processing: We may share Your data with third parties who aid us in various tasks, including payment processing, hosting services, email dispatch, communications, and customer support. Unless legally required, we might not disclose these third-party processors. We do not authorize them to use or disclose Your personal information except when providing services to Our company.

Legal Requirements: We may disclose Your data as required by law or in response to legal proceedings, such as a subpoena, or to protect the rights, property, and safety of others. This includes sharing data with other parties to combat fraud and mitigate credit risks.

Company Protection: Your information may be used to protect our company, including investigating and addressing any breaches of our rights or policies. We may also share Your information when reasonably necessary for insurance procurement, risk management, obtaining financial or legal advice, or to exercise or defend against legal claims.

Business Transitions: If our company is involved in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar events, we may transfer or share your data as part of the process. In such circumstances, customer information is one of the assets that may be acquired by a third party. You acknowledge the possibility of such business transitions, and that your personal information can continue to be stored, used, or processed as outlined in this privacy policy.

Advertisers: We may partner with third-party advertising companies to manage our advertisements and generate ads when you visit our website or mobile app. These companies may use information about your visit to our website and other websites that are found in web cookies (as described below) to offer you personalized ads about products and services that may interest you. We have no control over such other advertisers or websites. You should review the respective Privacy Policies of these third-party advertisers for detailed information on their practices and instructions on how to opt-out of certain practices.

Please be aware that currently, we do not acknowledge automated browser signals about tracking systems, which may include “do not track” instructions.

Other Third Parties: We might share information with advertisers, our investors, or other third parties for conducting overall business analysis. We will take reasonable steps to notify you if required by law.

Interaction With Others: If you interact with others on our website or mobile app, such as participating in a group chat or an online group course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as previous comments or posts.

Online Postings: When you post online, your posts can be seen by others, and we may disseminate your comments outside the website.

External Links: Our website may contain hyperlinks to other websites not governed by us. We recommend you exercise caution when clicking on a hyperlink. Although we exercise reasonable care in including a hyperlink on our web page, we do not regularly oversee these third-party websites and bear no responsibility for any harm or consequences you incur from using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that you access via a hyperlink, nor are they bound by ours. We advise you to peruse the Policies of those third-party websites prior to interacting with them or making purchases. Their information collection and methods may differ from ours.

Other Purposes: We may share your personal data when necessary to comply with any legal obligation or to safeguard your interests, or the vital interests of others or our company.

MANAGING YOUR DATA:

Primarily, we don’t handle your data directly, but delegate this task to third-party entities for processing. For instance, Stripe is a third-party processor who handles your payment data, processes your transactions, and transfers the funds to us. Owing to our limitations, we frequently have to share your information with third-party processors. Detailed information about third-party processing can be found below.

However, occasionally, we may process your data in-house. The legal grounds for such processing include your consent, our necessity to run our business operations, and adherence to legal mandates. If we do process your data, our goals are to manage, enhance, and optimize our website and offerings, to engage in contractual agreements with you, to fulfill contract terms, to keep a record of our interactions and transactions, to provide you with products and services, to fulfill our legal obligations, to seek professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:

  • Your account-related data, such as your name, address, email, and payment information.
  • Information regarding your usage of our website, like your IP address, location data, and your activity details on our website.
  • Data related to your personal profile, including your name, address, profile picture, interests, hobbies, and employment information.
  • Data you give us while using our services.
  • Data you post on our website, such as blog comments or responses.
  • Data you share with us when you inquire about our website or offerings.
  • Data associated with your transactions with us, including your purchase of our goods or services. This could include contact and payment information.
  • Data you provide when you sign up for our emails or newsletters, including your email address and contact details.
  • Data you share with us via correspondence, such as when you email us with questions.
  • Any other data specified in this policy, for legal compliance, or to protect the vital interests of you or any other individual.

DATA RETENTION:

We keep personal data for as long as it’s necessary for our legitimate business needs, legal compliance, or until you request us to delete your data. For example, we will retain certain personal information indefinitely for account maintenance unless you delete your account. Data collected for a specific purpose, like assisting law enforcement or analyzing trends, will be retained no longer than required for that specific purpose. Unneeded data will be permanently deleted.

We will respect your request to delete your data unless we are legally obliged to retain it. However, we cannot control the retention policies of third parties. If you want third parties, to whom we’ve transmitted your data, to delete that data, you’ll need to contact them directly. You can ask us for a list of all third parties to whom we’ve sent your data.

We might retain usage data (i.e., data collected by us or third-party analytics companies for analyzing our website usage) as necessary for internal analysis. Typically, this type of data is kept for a shorter period than personal data, unless it is essential for enhancing the security or functionality of our website or offerings, or if we’re legally required to retain the data longer.

PROTECTING YOUR INFORMATION:

We strive to safeguard your personal data and maintain your information’s security. We employ recognized online secure payment systems and adhere to standard security measures to prevent loss or misuse of personal data. However, no security measure is perfect, and data transmission methods can’t be entirely immune to interception or misuse. We cannot assure complete security of any information you send to us.

By agreeing to this Privacy Policy, you acknowledge that your personal data may be accessible worldwide via the internet. We can’t prevent the use or misuse of your data by others.

We will promptly alert you of any known breach of our security systems or your data that could put you at significant risk.

MINORS:

This website or mobile app is not intended for use by children under 16, and we don’t knowingly collect personal data from anyone under 16. If you’re under 16, don’t access or use our website or related products or services. If we learn that we’ve gathered data from anyone under 16, please notify us so we can delete that data.

SENSITIVE DATA:

We ask that you refrain from sending us any sensitive data, through public postings, email correspondence, or any other method, including your social security number, health data, genetic data, or information about your ethnic origin, religious beliefs, or criminal background. If you do send us this information, you are consenting to our use, storage, and processing of this information as per this privacy policy.

YOUR RIGHTS:

You have specific rights concerning your personal data, detailed below. Note that we may charge a reasonable fee for actions you request us to perform concerning your data. Additionally, we reserve the right to ask for proof of your identity before acting on your data rights requests. Moreover, your rights may be limited or negated if they clash with our significant business interests, public interest, or the law.

UPDATE ACCOUNT INFORMATION:

You can update or change any information you’ve provided us. To modify or delete your information, contact us at support@ballrpickleball.com.

CONFIRM PERSONAL DATA AND ITS USE:

You have the right to request that we verify the data we have about you, and the purposes for which it is used. You also have the right to confirm whether we process your data or share your data with third-party processors, and for what reasons. We will provide you with copies of your personal data unless it infringes upon the rights and freedoms of others.

Change Consent: You can modify your consent to our use of your information. In such cases, we might ask you to delete your account with us, as described above, and your access to our website might be limited.

Request a Copy of Data: You can ask for a digital copy of the data we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests may incur a reasonable fee.

Transfer Your Data: You can request that we compile and transfer your data to another controller in a commonly used and machine-readable format unless this would pose an undue burden on us.

Delete All Data: You can request that we erase all the data we have about you, and we must do so without undue delay. Exceptions to this right exist, such as when it’s necessary to retain your data due to legal requirements, the need to uphold the right of freedom of expression and information, legal obligation compliance, or the need to establish or defend legal claims. Such a request might result in the termination of your account with us and could limit or prevent your use of our website.

Emails and Communications: You can choose not to receive future email correspondences from us by selecting the appropriate box when you register for an account or make a purchase. You can modify your communication settings by contacting us at support@ballrpickleball.com.

Marketing Communications: You can choose not to receive any third-party marketing communications or to have your personal information used for marketing purposes. You can do this by contacting us at support@ballrpickleball.com.

Processing: In some circumstances, you can limit the processing of your data, such as when you challenge the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we’ll continue to store your data but won’t share it with third-party processors without your consent, unless necessary to comply with legal obligations, or to protect your rights, others’ rights, or our company. Furthermore, you can choose not to have your data processed at all. Note, however, that doing so might result in the termination of your account and loss of access to our website.

Complaints: If you’re an EU resident, you can complain to a supervising authority if you believe we’re misusing your data or have violated any of your rights under this Privacy Policy or applicable law. You can do this in the EU member state where you live, do business, or where the alleged infringement occurred. If you’re located outside the EU, you may have rights under privacy laws in the jurisdiction where you live.

CALIFORNIA PRIVACY RIGHTS:

The State of California has established its own unique regulations that apply to California residents.

As of its effective date of January 1, 2020, we’re also compliant with the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (CCPA).

Any California resident may request, free of charge, the personal information we’ve collected or stored about themselves or a member of their household. For security purposes, we reserve the right to ask for verification of your identity and proof of your California residency at the time of your request.

Any California resident has a right to request the personal data we’ve collected, or request deletion of the personal data we’ve collected, including but not limited to:

  • Any personally identifying information, such as a real name, alias(es), mailing or resident address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident; and
  • Commercial information, including products or services purchased, obtained, or considered, search history, interactions with our website, or any other purchasing or browsing history of our site and/or offer(s); and
  • Site comments made publicly or privately; and
  • Geolocation data; and
  • Professional or employment-related information; and
  • Education information.

We reserve the right to collect any of the above data on California residents and their households.

We DO NOT plan on selling your data. Regardless, any California resident can email us at support@ballrpickleball.com to explicitly request to opt-out of any such sale of data.

California residents also have the option to request a full deletion of their account and any data we have collected and associated with them.

We agree to comply with any data request or deletion made pursuant to the CCPA in a reasonable timeframe, during normal business hours and excluding holidays or our pre-scheduled time off.

NEWSLETTER PRIVACY:

We provide the opportunity for you to voluntarily give us information for email and marketing purposes. This information includes, but isn’t limited to, your name and email. You’ll have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We never sell your information to third parties.

Tracking Technologies

Server Logs: Just like several other web platforms, we utilize server logs. These logs simply record website visitors, which is a common practice for web hosting services and a component of their analytics services. The data contained in the server logs includes Internet Protocol (IP) addresses, the type of browser used, Internet Service Provider (ISP), timestamp of access, pages referred/ exited from, and possibly the count of clicks. This data is analyzed to identify patterns, manage the website, trace user navigation within the site, and collect demographic details. We do not associate IP addresses and such information with any personally identifiable data.

Cookies: We employ cookies — tiny text files sent to us by your computer — along with web beacons to store specific information. We may use cookies to confirm your identity, to verify if you are logged onto our site, for personalization, security, targeted advertising, and to evaluate the performance of our website and services. For instance, cookies enable us to suggest blog posts to you based on your previous readings on our site. Our cookies are not tied to your account but are unique enough to allow us to analyze trends and usage, and to tailor your interaction with our site. This data aids in understanding our site’s usage and improving our website and services.

Our usage of cookies may encompass the following types:

Crucial Cookies: These cookies are instrumental in operating our website and enhancing your experience. They can speed up content loading or give you access to exclusive or repeat-users sections of our site.

Functionality Cookies: These cookies remember your past visit preferences, including login details, saving you from re-entering the same data multiple times.

Social Media Cookies: These cookies record your engagement with a social media tool during your visit to our website. For instance, we may note that you’ve “liked” a certain part of our site. The social media app may also share data with us that you’ve permitted it to share. If you desire to alter your social media sharing settings, kindly visit the privacy settings of the respective social media network.

Advertising Cookies: We may collaborate with third-party advertising partners who gather data about your browsing habits on our site to display a relevant advertisement about our services when you visit a third-party site, such as a social media platform. These cookies may also enable us to access your location.

When you first visit our site, you’ll be asked to “consent to cookies”. If you choose to disable cookies, you can do so via your individual browser settings. This might affect your ability to utilize or make purchases from our site. Detailed instructions about managing cookies with specific web browsers can be found at the respective browser’s websites. More details about cookies can be found at What Are Cookies? If you continue to use our site without disabling cookies on your browser, you’re consenting to our usage of cookies in line with this policy.

Furthermore, we may employ third-party software to display advertisements on our website or mobile application, to manage marketing or email campaigns, or oversee other company initiatives. These third-party tools may use cookies or similar tracking technology. We don’t have control over these third parties or their use of cookies. For more information on opting out of interest-based ads, you can visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Pixel Tags: We may use pixel tags, which are small graphic files that allow us to monitor the usage of our site and provide us with information about your interaction with the site. These tags may collect the IP address from your device, and the type of browser used. Our third-party partners also use pixel tags to gather information when you visit our site, and we may use this information to display targeted advertisements.

Email Confirmations: We may receive email confirmations when you open an email from us. This enables us to determine if users are responding positively to our email communications and to enhance these communications.

Other Technologies: We may use other technologies that collect similar information for security, fraud detection, and similar purposes, to give us insights about your use of our site, and to further improve our site and services for you.

WEBSITE ANALYTICS:

We may collaborate with third-party analytics companies, including Shopify Analytics, Google Analytics, and Facebook. These companies may also use cookies (as described earlier) or other tracking technologies to evaluate visitors’ use of our website or mobile app, determine the popularity of content, and gain a better understanding of online activity. We do not share personal information with these third-party vendors. However, to access our site, you must agree to the collection and use of your information by these third-party analytics companies. We suggest reviewing their Privacy Policy and contacting them directly if you have queries. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Google Analytics: You can prevent your activity on our website from being available to Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about your visits to our site. For more details about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.

Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https://www.facebook.com/help/568137493302217You can learn more about Facebook’s Privacy Policy at: https://www.facebook.com/full_data_use_policy.

Terms of Use

Terms & Conditions of BALLR Pickleball’s Services

Last Revision: 06/01/2023

ALERT: These Terms of Use are legally binding. Before purchasing, using, or accessing any of our products, including online courses, it is your duty to read and understand these Terms of Use.

OVERVIEW:

BALLR Pickleball, an Arizona-based company, owns and operates this website. Our main business location is in Phoenix, Arizona.

To use our website, you must be at least sixteen years old. Usage is at your own risk. While we host our site on a reliable platform and take adequate steps to manage and host the site, we make no specific guarantees about the safety of your individual use. These User Terms & Conditions may change at any time without prior notice.

INTELLECTUAL PROPERTY RIGHTS:

BALLR Pickleball owns all images, text, designs, graphics, trademarks, and service marks or they are the property of the rightly attributed parties. Unauthorized use or alteration of any materials on this site, either in part or in whole, constitutes a federal offense. If we decide to enforce our rights, it could result in penalties or an injunction requiring you to cease using our intellectual property immediately.

Any use of our intellectual property, including republishing any text, image, design, or other property on another website, or posting a quote or image from our site to any third-party website including social media, is strictly prohibited. We’ve invested significant time and money into the intellectual property on this site, and in order to maintain its integrity, we do not allow any third party use.

SECURITY & RISK:

SECURITY – Securing your username and password from theft or unauthorized use that would violate these User Terms & Conditions is your responsibility. We do not store full credit card numbers or payment information; instead, these are processed through third-party payment platforms such as Stripe, Paypal, or Shopify Payments. By using these platforms, you agree to assume all risk or liability for the security of payment details, and you agree to the third-party payment processor’s terms of use.

CONFIDENTIALITY – Unless otherwise stated, such as in a client agreement, or otherwise mandated by law or fiduciary duty, you have no right to confidentiality.

RISK ASSUMPTION – By accessing our offerings and related materials, whether free or paid, you assume all risk associated with your access and any subsequent actions you choose to take based on the influence, information, or educational materials provided.

YOUR COMMUNICATIONS:

We have the right to view and distribute any communications made through our ‘contact’ page, blog, blog comments, newsletter sign-ups, or any other related pages, or sent directly to our phones, mailing, or email addresses. These communications are not confidential or privileged and may be viewed by third parties. We own any and all communications on our website, servers, comments, emails, or other media as allowed by US law. Unsolicited user-generated content such as blog comments or emails are not credited or paid for. For more information on when and how we store and use your communications or any data provided in those communications, please refer to our Privacy Policy.

We retain the right to republish any submissions as needed for our business operations. You agree not to submit content or communications that are potentially illegal, libelous, maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

NOTICE OF LIABILITY:

The content provided on our website and accompanying resources is intended for educational and informational purposes only. You agree to protect and absolve our website and company from any losses, direct or indirect, or behavior that might occur as a consequence of using our website and associated communications. This also covers any negative outcomes resulting from technological glitches like problems with payment processing or system failures.

We may refer to specific outcomes or situations on this site, but it’s crucial for you to realize that we can’t guarantee the veracity of third-party statements included here, nor the probability of your success based on these statements or any other claims made on this site. If you need advice on medical, legal, or financial matters, it’s important to consult with a healthcare professional, attorney, or Certified Public Accountant/Financial Planner respectively. We explicitly reject any responsibility for any decisions or actions you make based on your use of this website, associated materials, products, courses, or the content found within.

We regularly update this website, and while we strive to make accurate and timely statements, we can’t guarantee that all materials and linked media are entirely accurate, comprehensive, or current. You accept that any knowledge or information you gain from using this website is at your own risk. If you notice any mistakes or omissions and would like to bring them to our attention, please email us at support@ballrpickleball.com.

THIRD-PARTY LIABILITY STATEMENT:

You understand and agree that we are not responsible for any slanderous, offensive, or illegal actions of any other participant or user, including you.

WARRANTY DISCLAIMER:

WE DO NOT GUARANTEE OUR PROGRAMS, PRODUCTS, SERVICES, OR MATERIALS. YOU AGREE THAT THESE ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT OUR PROGRAMS, PRODUCTS, SERVICES, OR MATERIALS WILL BE OPERATIONAL, UNINTERRUPTED, ACCURATE, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT FAULTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR ITS CONTENT ARE FREE FROM VIRUSES OR OTHER DAMAGING ELEMENTS. WE MAKE NO CLAIMS ABOUT THE USE OR THE RESULTS OF USING OUR PROGRAMS, PRODUCTS, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES REGARDING THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

LIABILITY LIMITATIONS, INDEMNIFICATION, AND CLAIM RELEASE:

AFFILIATES – This site might utilize affiliate links to promote certain products or services. We reject any responsibility arising from your purchase via these links. We’ll reasonably attempt to inform you whenever we’ve included affiliate links, in addition to this disclaimer found in our Terms and Conditions. You accept full responsibility for any consequences or benefits that arise from clicking on the affiliate links on this website or related communications.

TERMINATION – We reserve the right to immediately terminate your access to our website and any related communications if we believe you’ve violated these Terms and Conditions. We have exclusive discretion over access to our website, and we can revoke this access at any time without prior notice, and if required, block your IP address from future visits to our site(s).

WHOLE AGREEMENT – Prior to registering with our website or making any purchases, you’ll be asked to agree to our Privacy Policy. If you agree, or once you do, the Privacy Policy together with these Terms and Conditions form the complete agreement between site users and our company regarding this website.

GOVERNING LAW AND VENUE – These Terms and Conditions and Privacy Policy are governed by United States law. Any disputes related to the information herein are subject to resolution in the state of Arizona, United States.

CONSENT – By using our website, you agree to our Terms and Conditions and Privacy Policy. If you need further information or have any queries about our Terms and Conditions, or our Privacy Policy, please contact us by email at support@ballrpickleball.com.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS:

BALLR Pickleball (hereinafter referred to as “We”, “Us”, “Our”) provides a mobile messaging program (“the Program”), which you agree to use and be a part of according to these Mobile Messaging Terms and Conditions as well as our Privacy Policy (“the Agreement”). By opting into or participating in any of our Programs, you acknowledge and accept these terms and conditions. This includes your consent to resolve any disagreements with us through binding, individual arbitration, as described in the “Dispute Resolution” section below. This Agreement is only applicable to the Program and doesn’t aim to modify other Terms and Conditions or Privacy Policies governing your relationship with us in other situations.

User Participation: The Program enables users to receive SMS/MMS mobile messages by explicitly opting into the Program via mechanisms such as online or application-based sign-up forms. No matter how you choose to join the Program, you accept this Agreement as it pertains to your involvement in the Program. By participating in the Program, you are consenting to receive automated or pre-recorded marketing mobile messages to the phone number you provided at the time of opt-in, acknowledging that purchase from us does not require such consent. Despite consenting to receive messages from an autodialer, it doesn’t imply that all or any of our mobile messages are sent via an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data charges may apply.

User Withdrawal: If you decide not to participate in the Program or disagree with this Agreement, you consent to respond STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any of our mobile messages to leave the Program. You may get an additional mobile message confirming your decision to opt out. It is understood and agreed that the aforementioned options are the only reasonable means of withdrawal. Any other methods of opting out, such as texting words other than those provided above or verbally asking one of our employees to remove you from our list, are not considered reasonable.

Obligation to Notify and Indemnify: If you decide to stop using the mobile phone number subscribed to the Program for any reason, including service plan cancellation or selling or transferring the phone number to someone else, you consent to complete the User Opt Out process mentioned above prior to discontinuing the use of your mobile phone number. You understand that your agreement to do this is a crucial part of these terms and conditions. You further accept that if you stop using your mobile number without notifying us, you will be liable for all costs (including legal fees) and liabilities incurred by us, or any party involved in the delivery of mobile messages, due to claims by individuals who are later given that mobile phone number. This duty and agreement persist even after any termination or cancellation of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL PROTECT, DEFEND, AND ABSOLVE US OF ANY LIABILITY STEMMING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, AND SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS THEREUNDER RESULTING FROM US TRYING TO CONTACT YOU AT THE MOBILE PHONE NUMBER YOU PROVIDED.

Program Overview: Without limiting the Program’s scope, users who opt into the Program can expect to receive messages about the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and we may send additional mobile messages based on your interaction with us.

Support Instructions: For Program support, text “HELP” to the number you received messages from or email us at support@ballrpickleball.com. Please note that using this email address is not an acceptable method for opting out of the program. Opt-outs must be submitted following the procedures outlined above.

MMS Disclosure: If your mobile device doesn’t support MMS messaging, the Program will send SMS TMs (terminating messages).

Disclaimer of Warranty: The Program is available “as-is” and may not be accessible in all areas at all times. It may cease to work if there are changes made to your wireless carrier’s product, software, coverage, or other changes. We are not liable for any delays or failures in receiving any mobile messages connected to this Program. The delivery of mobile messages depends on effective transmission from your wireless service provider/network operator and is beyond our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must own a wireless device with two-way messaging capabilities, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cell phone providers offer the necessary service to participate. Check your phone’s capabilities for specific text messaging instructions.

Age Limit: You must not use or engage with the Platform if you’re under thirteen (13) years old. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you declare that you’re not under thirteen (13) years, are between thirteen (13) and eighteen (18) with your parent’s or legal guardian’s permission, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are allowed by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Forbidden Content: You agree not to send any prohibited content via the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Offensive content, such as profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is illegal where it is received;
  • Any content that involves and/or refers to personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Conflict Resolution: Should any disagreement, claim, or dispute arise between you and Us, or between you and Stodge, LLC operating as Postscript, or any other third-party service provider responsible for transmitting the mobile messages related to this Program, resulting from federal or state statutory claims, common law claims, this Agreement, or the interpretation, enforcement, breach, or termination thereof, including the scope or applicability of this agreement to arbitration, it will be resolved through arbitration in Phoenix, Arizona by a single arbitrator to the greatest extent allowed by law.

Both parties consent to resolve the disagreement through binding arbitration according to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Unless stated otherwise here, the arbitrator will apply the substantive laws of the Federal Judicial Circuit where BALLR Pickleball’s primary business location resides, disregarding any conflict of law provisions. Within ten (10) calendar days after the arbitration demand is delivered to a party, the parties must jointly select an arbitrator with at least five years’ experience in that role, who also has knowledge of and experience with the dispute subject matter. If the parties cannot agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who meets the same experience criteria. In case of a disagreement, the arbitrator will determine the enforceability and interpretation of this arbitration agreement in compliance with the Federal Arbitration Act (“FAA”). The parties also agree to apply the AAA’s rules regarding Emergency Measures of Protection instead of seeking emergency injunctive relief from a court. The arbitrator’s decision will be final and binding, and appeal rights will only be as stipulated in section 10 of the FAA. Each party will cover its share of the fees for the arbitrator and the arbitration administration; however, the arbitrator has the power to order one party to pay all or part of such fees as part of a reasoned decision. The parties agree that the arbitrator can award attorneys’ fees only to the extent explicitly authorized by statute or contract. The arbitrator does not have the power to award punitive damages, and each party waives any right to seek or recover such damages for any dispute resolved by arbitration. The parties consent to arbitrate solely on an individual basis, and this agreement disallows class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Unless required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without prior written consent from both parties, unless it’s to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, this shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If a dispute for any reason proceeds in court rather than in arbitration, the parties hereby forgo any right to a jury trial. This arbitration provision will persist following any cancellation or termination of your agreement to participate in any of our Programs.

Additional Provisions: You guarantee and declare to Us that you possess all necessary rights, power, and authority to comply with these Terms and to fulfill your obligations herein, and nothing contained in this Agreement or in the performance of such obligations will result in you breaching any other contract or obligation. The failure of either party to exercise any right provided for herein will not be considered a waiver of any additional rights hereunder. If any provision of this Agreement is deemed to be unenforceable or invalid, that provision will be reduced or eliminated to the minimum extent necessary so that this Agreement will otherwise remain completely enforceable and valid. Any new features, alterations, updates, or improvements of the Program will be subject to this Agreement unless explicitly stated otherwise in writing. We retain the right to modify this Agreement periodically. Any changes to this Agreement will be communicated to you. You acknowledge your obligation to review this Agreement periodically and to be aware of any changes. By continuing to participate in the Program following any changes, you accept this modified Agreement.

RESERVED RIGHTS:

Any rights not explicitly granted in these Terms and Conditions of Use and Privacy Policy or any written agreement are reserved by the Company.

SEVERABILITY:

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions will remain enforceable and in full effect.

CONTACT DETAILS:

Email: support@ballrpickleball.com