Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between the individual accessing or using the below-defined Website ("You" or "you") and O-O-2 Pickleball USA LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of http://Veltopb.com (the "Website") including any content, functionality and services offered on or through the Website, including any mobile application thereof, whether as a visitor/guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website to arrange services, make reservations or enter into any membership or other contractual agreements with us ("Services") relating to any pickleball location operated by us, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website for Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the section headed Governing Law and Jurisdiction will not apply to any disputes arising on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security relating to the Website or its use. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable Website access, or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not exploit, use, transfer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further use, exploitation, reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide you and your username with certain content, you may take such actions as are enabled by such features but limited by the Privacy Policy.

You must not:

• Modify copies of any materials from this site.
• Use, publish in any form or disseminate any illustrations, photographs, video or audio sequences or any graphics or accompanying text except as necessary to use the Website for your own personal, non-public, non-commercial use in compliance with these Terms of Use.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access, exploit or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@veltopb.com. Such requests may be denied by us in our sole discretion.

Use of Velto Pickleball Facilities and Services

General Use. You agree and understand that You will only use a Velto Pickleball Facility ("Facility") reserved through the Website and related Services ("Services"): 1) in a manner that complies with the applicable laws of the location where You are using them; 2) for personal and non-commercial uses; (3) in compliance with the rules and regulations of the Facility You are using; and 4) in compliance with these Terms of Use.

Guests. You agree and understand that any guests You invite and/or allow to use a Facility and Services ("Guests") must also comply with the requirements in these Terms of Use and that ultimately it is Your responsibility to ensure that they do. You are responsible for any Guests You invite to use a Facility, including their conduct and compliance with the requirements of these Terms of Use. You are responsible for ensuring that you and Your Guests sign the waiver of liability form on our Website, available at the Website. You agree to be responsible for any damage or violation that occurs as a result of the behavior of You or Your Guests. It is Your responsibility to inform Your Guests of our policies and ensure that they abide by them. You agree You will not allow Your Guests to use a Facility without Your physical attendance at all times.

Prohibited Activities. You agree that neither You nor any of Your Guests shall:

• Use any Facility for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling, prostitution, pornography, sexual activity, violent, dangerous, or threatening behavior, or any other purpose unrelated to properly engaging in the sport of pickleball or which is reasonably likely to reflect negatively on us.
• Smoke or vape in the Facility or allow any candles, incense sticks, or naked flames in them.
• Make excessive noise in the Facility, nor create any noise, music or loud sounds, nor conduct any other activity which would in our judgment disturb other players, guests, or other tenants in any building containing a Facility.
• Damage, alter, install, remove, or modify any fixtures, equipment, machinery, or appliances in any Facility.
• Allow any person under the age of 14 to play or participate in pickleball at a Facility. Children under 14 are strictly prohibited from playing.
• Allow persons ages 14–17 to be present at a Facility without being accompanied and directly supervised by an adult (18+) at all times.
• Charge any fee to any person in connection with the use of a Facility, whether for private lessons or otherwise, without our express written consent.
• Treat other users of a Facility in a discourteous, disrespectful or inappropriate manner.
• Fail to wear appropriate clothing, including failing to wear: a shirt; pants or skirt/shorts, or a dress; and athletic footwear.
• Wear clothing bearing obscene content or images.

Minor Children; Assumption of Risk

• Children under the age of 14 are strictly prohibited from participating in or playing pickleball at any Velto Pickleball Facility.
• Children ages 14 through 17 may be present at a Facility only if accompanied by a responsible adult (age 18 or older) at all times.
• Any adult who brings, escorts, or allows a minor (any person under the age of 18) to enter or be present at a Facility assumes full and complete responsibility for that minor's safety, conduct, and well-being for the entirety of their time at the Facility.
• By bringing a minor into the Facility, the accompanying adult expressly assumes all risks of injury, accident, harm, or damage that may occur to that minor, whether arising from participation in pickleball, use of the Facility, or any other cause, and agrees that the Company shall bear no liability whatsoever for any such injury, accident, harm, or damage.
• The Company expressly disclaims any and all liability for injuries, damages, or losses sustained by any minor while at a Facility.

Payment Terms; Authorization Hold

Any fees which we may charge You for the use of the Facility or Services will be as set out on our Website referenced above or in its application at the time of purchase, are inclusive of any taxes payable, and are non-refundable except as specifically noted with respect to Your reservation or payment. We may change the fees in our sole discretion from time to time as will be noted on our Website.

When You make a reservation on our Website, we may place an authorization hold on Your credit or debit card to ensure that funds are available for payment. The hold amount will be equal to the total reservation amount, including any applicable taxes and fees. Please note that the authorization hold is not a charge, and the funds will not be debited from Your account at the time of reservation.

Marketing Communications

By providing your email address or other contact information through the Website, registering for an account, making a reservation, or signing up for our services, you consent to receive marketing and promotional communications from us. These communications may include newsletters, special offers, event announcements, updates about our facilities, and other information we believe may be of interest to you.

You may opt out of receiving marketing emails at any time by clicking the "unsubscribe" link included in our emails or by contacting us at support@veltopb.com. Please note that even if you opt out of marketing communications, we may still send you transactional or administrative messages related to your account, reservations, or use of our Services.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Contact Information

This website is operated by O-O-2 Pickleball USA LLC. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@veltopb.com.