PickleballTournaments.com

Tournament Data Import Terms and Conditions

These Tournament Data Import Terms and Conditions ("Terms") are between Pickleball Station, Inc. d/b/a PickleballTournaments.com ("PT.com") and the person or entity submitting pickleball tournament data to PT.com ("Submitter"). These Terms are effective as of the date Submitter agrees to these Terms by clicking the "Accept" button on the page on which these Terms are displayed or to which these Terms are linked.

1. Data Submission

1.1. Subject to these Terms, Submitter may submit to PT.com, via the method(s) authorized by PT.com, pickleball tournament participant and results data (the "Data"). Such Data shall be provided to PT.com in comma separated value (.csv) format or such other format as PT.com may designate

1.2. Submitter represents and warrants to PT.com that: (a) each tournament from which the Data was generated was conducted in full compliance with all rules of the USA Pickleball (USA Pickleball Association) & IFP (International Federation of Pickleball) Official Tournament Rulebook in effect at the time the tournament was held;

(b) Submitter has obtained from each tournament participant to whom any Data relates such participant's written agreement to the collection of the Data by Submitter;

(c) Submitter has obtained from each tournament participant to whom any Data relates such participant's written consent permitting: :info: Submitter to submit the Data to PT.com, (ii) PT.com to process the Data for the purpose of calculating participant's USA Pickleball Tournament Player Rating ("UTPR"), calculating the participant's World Pickleball Rating ("WPR"), and (iii) PT.com to make available and display the Data on the PickleballTournaments.com website and third-party websites;

(d) Submitter's submission of the Data to PT.com, and PT.com's use of the Data as permitted under these Terms, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and

(e) Submitter has complied with all laws applicable to Submitter with respect to Submitter's collection and transfer of Data to PT.com.

2. Data Use and Security

2.1. Unless a participant to whom any Data relates is or becomes a PickleballTournaments.com account holder, PT.com will not use any Data of such participant for the purpose of contacting the participant or for any purpose other than those set forth herein.

2.2. Any participant to whom any Data relates who is not a PickleballTournaments.com account holder may become an account holder by registering on the PickleballTournaments.com website. If any participant to whom any Data relates is already a PickleballTournaments.com account holder at the time of submission of the Data, or subsequently becomes an account holder, PT.com may combine participant's Data with other data relating to the participant that PT.com has otherwise obtained.

2.3. PT.com agrees to store all Data in a database used exclusively for the calculation and display of UTPRs, and WPRs. PT.com has in place appropriate physical, electronic and managerial procedures intended to safeguard and secure all Data. However, Submitter understands and agrees that no storage system can be guaranteed to be 100% secure and PT.com cannot guarantee the absolute security of Data stored by PT.com.

3. Data Ownership. PT.com acknowledges and agrees that it does not obtain any ownershipinterest in any Data submitted by Submitter. Submitter grants PT.com a worldwide, non-exclusive, royalty-free, perpetual license to create derivative works from, exhibit, broadcast, syndicate, sublicense, and publicly display Data for the purposes set forth herein.

4. Fees. Submitter agrees to pay those fees displayed to Submitter at the time of Submitter's agreement to these Terms and/or at the time of submission of the Data to PT.com ("Fees"). PT.com employs the use of a third-party service provider, PayPal, for the purpose of facilitating payment of Fees.

By using PayPal to pay Fees, you agree to PayPal's terms of service (located at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full ) and privacy policy (located at https://www.paypal.com/us/webapps/mpp/ua/privacy-full ).

5. Indemnification. Submitter shall defend PT.com, USA Pickleball, and their respective officers, directors, employees, agents and representatives ("Indemnified Parties") from all third party claims, lawsuits and causes of action arising in connection with Submitter's submission of Data or these Terms, including but not limited to, Submitter's breach of any representation, warranty or covenant of these Terms. Submitter shall indemnify and hold harmless Indemnified Parties from any damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from such claims, lawsuits and causes of action.

6. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED BY PT.COM AS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PT.COM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATION.

7. Limitation of Liability. IN NO EVENT WILL PT.COM'S AGGREGATE LIABILITY TO SUBMITTER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY SUBMITTER TO PT.COM IN CONNECTION WITH THESE TERMS OR THE SUBMISSION OF DATA. PT.COM WILL NOT BE LIABLE TO SUBMITTER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES OR LOST BUSINESS, HOWEVER CAUSED, IRRESPECTIVE OF WHETHER OR NOT SUBMITTER OR THE THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATION ABOVE MAY NOT APPLY. THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. General Terms

8.1. Waiver. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.

8.2. Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

8.3. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter of these Terms and supersedes any prior inconsistent agreements, negotiations, representations, and/or promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns.

8.4. Governing Law; Jurisdiction; Venue. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties' actual domiciles or place of residence. PT.com and Submitter irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington, USA. for all purposes in connection with any action or proceeding which arises out of or relates to these Terms.