Universal Tennis Terms & Condtions

Welcome to www.universaltennis.com. This site is owned by Universal Tennis, LLC. (“UT”). Please read these terms of use carefully before using our services.

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, do not use this site. UT reserves 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.

1. Ownership

“Universal Tennis Rating” and other marks indicated on the site are registered trademarks of UT in the United States. All other trademarks that are not owned by UT that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to UT. You may not use any such marks in any way without the express permission of the mark’s owner.

2. Who can use our service

Anyone may use UT services if they agree to the terms and conditions of use. You must be at least 13 years old to conduct any acitities that involve posting content to our site, such as: photos, comments, and personal information. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may not use our service if you are otherwise barred from receiving these services by laws of the applicable jurisdiction.

3. License and Site Use

a. UT grants you a limited, non-transferrable license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the site without UT’s 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 ratings, rankings, match 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 UT’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

b. Information on the Site may be changed or updated without notice. UT may also make improvements and/or changes in the products and/or the services described on the Site at any time without notice.

c. In addition to the requirements set forth in other sections of this agreement, you agree not to access and/or use the Website for any purpose not expressly authorized by the Agreement and/or to transmit, post, or distribute to the Website content that:

i. constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;

ii contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;

iii. collects information about others, including but not limited to users' e-mail addresses;

iv. imposes an unreasonable load on the Website's infrastructure; and/or,

v. reverse engineers or decompiles the software comprising the Web site.

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). UT reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site. You are expressly prohibited from sharing your account login information with third party non-members for the unauthorized use by such non-members of premium services of the site.

5. Submissons

Any information or materials you transmit, upload or otherwise submit to the UT site (including, without limitation, comments, reviews, postings to blogs, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to UT via our Web site or other means of transmission or delivery, shall be collectively referred to as "Submissions." If you transmit or otherwise deliver Submissions to UT, you grant UT a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to UT that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to UT, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of UT and that UT shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, UT shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You agree that no Submission made by you will contain libelous, abusive, obscene or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any Submission made by you.

6. External Content

Please exercise discretion while browsing the Internet using UT site. You should be aware that while you are on a UT site, you could be directed to other sites that are beyond our control. There are links to other sites from UT pages that take you outside of our service. This includes links from sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. UT reserves the right to disable links from third party sites to UT site. UT makes no representations concerning the content of sites linked to UT site or listed in any of our directories. Consequently, UT cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to an UT site. If you have any concerns regarding any external link, you should contact the link’s administrator or Website.

UT reserves the right to revoke your permission to link to the Website at its absolute and sole discretion. Any third party website that links to the Website: (a) shall not create a frame around content of the Website; (b) shall not replicate the content of the Website; (c) shall not state or imply that UT sponsors or endorses the third-party Website; (d) shall not libel or present false or misleading information of any kind; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. Deep linking to internal pages of the Website is expressly prohibited. The posting or creation of any link to the Website signifies that you have read and agree to abide by this Agreement. If you believe that any website which links to the Website contains illegal, offensive, or inappropriate content, please send an email to legal@universaltennis.com.

7. Disclaimer

The materials in this UT site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, UT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. UT does not warrant that the functions contained in the materials on the UT site will be uninterrupted or error-free, that defects will be corrected, or that the UT site or the servers that make such materials available are free of viruses or other harmful components. UT does not warrant or make any representations regarding the use or the results of the use of the materials on the UT 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.

UT explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from UT site. UT 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 UT site or third party content on our sites. UT does not endorse any of the merchandise (if any) except as expressly provided, nor has UT taken the steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. UT does 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. UT strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

8. Payment & Credit Card Data

UT may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with UT. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, UT does not share your credit card information with anyone else. For more information, please read our Privacy Policy. To protect the security of your credit card information, UT employs the industry-standard Secure Sockets Layer (SSL) technology. UT also encrypts your credit card number when UT stores your payment and whenever UT transfers that information to participating merchants.

9. Indemnification

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold UT, UT’s 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 UT site or of any site linking to this or UT site. You shall use your best efforts to cooperate with us in the defense of any claim.

10. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall UT be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the UT site or materials or functions on any such site, even if UT has 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 UT. In no event shall UT 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.

11. Jurisdicitional Issues

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

12. Termination

These Terms of Use are effective until terminated by either party. Your access to any and all UT sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of UT site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. UT reserves the right to change or discontinue at any time, without notice, any message features, contests, content, materials, equipment, specifications, models, products, or services described on the Website, or the availability thereof. Products, methods, and processes described on the Website may be covered by U.S. or foreign patents and/or other intellectual property rights. UT also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Web site, with or without notice to you.

Your obligations under these Terms of Use shall continue for as long as you access or use this Website or use or maintain any of the content of the Website or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Website and by destroying all content obtained from it, and all copies thereof.

13. Payment for UT Products & Services

UT offers, on its Website, access to premium content and services to paid users. UT may make such content and services available to paid users on a monthly subscription basis. When purchasing UT products and/or services on a monthly subscription basis, you:

1. Allow UT to automatically charge your account an amount agreed to at the time of purchase, every month, in advance, until the expiration of your subscription.

2. Agree that all subscription payments are non-refundable, non-transferable, and non- assignable.

3. Acknowledge that the origination of these charges to your account must comply with U.S. law.

4. Agree that UT or your financial institution can cancel automatic payment of your subscription account at any time, with or without prior notice to you.

5. Agree that this agreement remains in effect until canceled by you, UT, or your financial institution.

You can cancel automatic payment at any time by visiting the Account Maintenance area of the website, or by contacting us directly at info@universaltennis.com. When you cancel automatic payment, you will not receive any refund, but you will continue to have access to premium content and services until the expiration date of your subscription.

14. Notice & Procedure for Making Claims of Copyright Infringement

It is UT's policy to respect the intellectual property rights of others. In connection with this policy, UT will not knowingly post content of any kind that infringes the copyright rights of others. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), UT has designated an agent to receive notifications of alleged copyright infringement on the website. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Website, including the URL; (c) your name, address, and telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to the following Designated Agent:

Universal Tennis, LLC
Legal Department
11 Lombard St
Newton, MA 02458

15. Violations

Please report any violations of this Agreement to legal@universaltennis.com.

16. General Provisions

a. By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, 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 Virginia and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.

b. 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.

c. The failure of UT to enforce an provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of UT’s rights to subsequently enforce any provision of this Agreement against you or any other party.

d. 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.

17. Contacting Universal Tennis

If you have any questions about these Terms of Use, the practices of this Website, or your dealing with this Website, contact:

Universal Tennis, LLC
Legal Department
11 Lombard St
Newton, MA 02458

18. Privacy

For information on how we handle information you provide us, please reference our privacy policy.