INTRODUCTION

Welcome to Serve Tennis located at playtennis.usta.com. This site is owned by United States Tennis Association Incorporated (the "USTA") and is operated by ClubSpark Incorporated by and on behalf of the USTA (collectively, “USTA,” “we”, “us” or “our”). These Terms of Use apply to the USTA’s playtennis.usta.com digital platforms, including this and related websites, mobile apps, tablet apps and other online content offerings (collectively the “site”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. Click here to review our Privacy Policy. If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.

OWNERSHIP

All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of the USTA or the USTA's content suppliers or licensors and is protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of the USTA and is protected by the laws of the United States and other countries and international treaties. USTA and other marks indicated on the site are registered trademarks of the USTA in the United States. All other trademarks that are not owned by the USTA that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to the USTA.

LICENSE AND SITE USE

The USTA grants you a limited, non-exclusive license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to (i) download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages and as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), (ii) frame, or (iii) link to any page within or modify all or part of the site without our express written consent. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents (including, without limitation, rankings, tournament scores and standings) and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without our prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the USTA or other owner, as applicable and not transferred or licensed to you.

YOUR ACCOUNT

You need to create an account to book an event, provider resource or purchase a membership or product on this site, and you may be required to have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. While certain events or resources are intended for children, USTA offers such services or products to adults, who can make purchases or reservations with a credit card or other permitted payment method. If you are under 18, you may use the site only with involvement of a parent or guardian. Parents and guardians may create accounts for minors in their household.

By creating an account, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree the USTA shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure to receive critical information about the site, or services provided on this site or any mobile service, or your account. If the information you have supplied is incomplete or incorrect you agree to indemnify us against any loss or damage incurred by us and any third parties who may suffer damage as a result of the information that you have supplied. Any suspected abuse of your account should be reported to the USTA at the contact listed below for copyright infringement.

HOW WE USE YOUR ACCOUNT INFORMATION

The USTA, in facilitating transactions for certain services, bookings, promotions, or programs, will share your information with providers, clubs, venues, USTA sections or districts, USTA organizational members, affiliated businesses, sweepstakes partners, or any others the USTA deems necessary (collectively, “Permitted Third Parties”). Your registration constitutes permission for the USTA and Permitted Third Parties to contact you to fulfill the services offered on or through this site as well as for promotional and/or marketing purposes. Your relationship with each Permitted Third Party is independent of the USTA and subject to that Permitted Third Party’s terms of use and/or privacy policy, as applicable. By registering, you acknowledge and agree that USTA does not and cannot control the actions of any Permitted Third Party, and you further agree to release and hold harmless USTA from any and all liability, injury, loss or damage of any kind that may arise from or out of your interaction with or information provided to or from such Permitted Third Party.

INFORMATION ON PROVIDERS, SERVICES, EVENTS, CLUBS AND VENUES

The USTA facilitates transactions between you and Providers, Clubs and Venues for tennis events and resources using Serve Tennis. Information on this site is provided by Providers, Clubs or Venues in order to supply you with services. If you make a Booking or Purchase, you will enter into a contract with the relevant Provider, Venue, or Club. The USTA will facilitate that transaction by means of Serve Tennis, but is not itself a party to that contract and the payment terms are between you and the Provider, Venue or Club. Additionally, each provider, venue or club has terms of service that will apply to each transaction. You should refer to the relevant Information Page and applicable provider, venue or club terms for services, events, bookings or purchase before concluding any transaction.

As the information is provided by the Providers, Clubs or Venues, the USTA can make no representation and gives no assurance as to accuracy of information presented by Providers, Clubs or Venues via the site.

Where the booking, service or purchase requires payment, the total charged assessed will include a transaction fee. Payment will be made to the provider of the applicable service. The transaction fee is a separate charge assessed by the USTA and payment processing providers.

CANCELLATION AND REFUNDS

The USTA tries to ensure that all prices on the site are accurate, however, errors may occur. If the USTA discovers an error in the price of the services, resources, events memberships or products, the USTA will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your purchase. If the USTA is unable to contact you, you agree that the USTA may treat the purchase as cancelled. If you choose to cancel after you have already paid the incorrect price for the purchase, you will receive a full refund from the USTA.

If you wish to cancel your Booking or Purchase, you must cancel the Booking or Purchase by contacting the Provider, Club or Venue directly within the number of days stipulated by the Provider, Club or Venue’s refund policy and in accordance with that refund policy. If refunded, you will be refunded the full costs of the Provider services, Resource Booking, Event & Service or Membership services purchased less the transaction fee from the payment provider where applicable.

MERCHANDISE

Parties other than USTA sell product lines or merchandise through the USTA Serve Tennis. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from USTA. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals. USTA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements, return policies, and other conditions of use prior to purchase.

PUBLIC COMMUNICATION

You may post reviews, comments, photos, videos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. USTA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. By posting to this site, the USTA shall be entitled to unrestricted use of your posting for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the posting.

LIABILITY

You acknowledge and agree that the USTA uses Serve Tennis and the site merely to facilitate the booking of services, resource, events and membership services online and that the USTA is not in any way responsible for the management, organization or running of, or any health and safety issues in connection with, any provider, event, membership services, club or venue or other offerings or facilities advertised through the site or Serve Tennis. Liability for the provision and management of Provider services, memberships, events, clubs or venue services remains the sole responsibility of the provider, club or venue.

While the USTA will use reasonable efforts to ensure that the site booking facility is available at all times, to keep unavoidable interruptions to a minimum and to give notice at log-in of anticipated interruptions, there will inevitably be times when it is unavailable.

DISCLAIMER

THE MATERIALS IN THIS USTA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY USTA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY USTA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY USTA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any USTA site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any USTA site or third party content on our sites. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold Clubspark, the USTA, its subsidiaries and other affiliated companies/organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA site or of any site linking to this or any other USTA site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE USTA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY USTA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE USTA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.

IN NO EVENT SHALL USTA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any USTA site are presented solely for the purpose of promoting tennis, tennis equipment, tennis instruction and tennis tournaments and other products and services available in the United States and its territories, possessions and protectorates. The USTA makes no representation that materials on any USTA site are appropriate or available for use in any particular location. Those who choose to access a USTA site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We rely on a network of independent affiliates, providers, venues and clubs who supply most of the content advertised on the site. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the site, or items advertised on the site, by such independent affiliates, providers, venues and clubs. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through the site, or items advertised on the site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the site. In order for us to investigate your claim of infringement, you must provide us with the following information:

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

By mail:

United States Tennis Association
Attention: Legal Dept.
70 West Red Oak Lane
White Plains, NY 10604

By phone: (914) 696-7000

By email: copyrightagent@usta.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work (or multiple copyrighted works) claimed to have been infringed and a representative list of such works at that site;
3. Identification of the material 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We have no obligation to pursue any remedy or course of action if the information listed above is not timely and completely provided to us. As such, we shall not incur any liability from you by failing to pursue a claim of infringement.

GENERAL PROVISIONS

By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

CONTACT

You may contact us with any questions regarding the Terms of Use at support@customercare.usta.com.