Website Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use - Last updated: August 1, 2025

Pickleball Nation maintains a website located at www.thepickleballnation.ca (the “Website”) which provides articles, content, publications, information, data, and other materials and offers certain products and services available for sale to you. The Website is provided to you subject to your agreement to comply with these website terms and conditions of use (these “Terms and Condition”), which constitutes a legally binding agreement by and between you and 1000913057 Ontario Ltd. o/a Pickleball Nation (“Pickleball Nation”, "Company," "we," "us," "our"). These Terms and Conditions govern your access to and use of the Website, including any content, functionality, and products or services offered on or through the Website.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT THEPICKLEBALLNATION.CA, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

‍Modifications to the Terms and Conditions and to the Website

We reserve the right to revise, modify, supplement or delete any information, materials, services and/or resources contained on the Website, including the right to change, amend or modify these Terms and Conditions at any time without prior notice. If you do not agree with this or with any change, you must stop using or accessing the Website. Your continued access to or use of the Website after such changes shall be considered, and shall be, your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

‍Jurisdiction and Governing Law

Your access and use of the Website shall be deemed to be provided in the Province of Ontario, and subject to the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action, proceeding, claim or dispute arising from, related to, or in connection with the Terms and Conditions or the Website, or your access or use of, or reliance on, any of the foregoing, shall be brought before the courts located in the City of Toronto in the Province of Ontario, and decided in accordance with the laws of the Province of Ontario, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws, privacy laws, and import and export laws. You further understand and acknowledge that the Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use the Website and access the Content and Services in your jurisdiction.

Your Use of the Website and Security of Information

The security of your personal information is very important to us. We use reasonable physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at www.thepickleballnation.ca.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise 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. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

All usernames and passwords created through use of the Website shall be and remain the property of Pickleball Nation, and may be cancelled or suspended at any time by Pickleball Nation without any notice or liability to you or any other person. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

accessing content and data that is not intended for you;
attempting to breach or breaching security measures;
restricting, disrupting or disabling service to users, hosts, servers, or networks;
illicitly reproducing TCP/IP packet header;
disrupting network services and otherwise disrupting Website owner's ability to monitor the Website;
using any robot, spider, bot, or other automatic device, process, or means to access the Website for any purpose;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful;
attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
otherwise attempting to interfere with the proper working of the Website.

‍As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits in any way to the Website or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam" or "junk mail", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

The Website may contain Interactive Functions allowing User Submissions on or through the Website. None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Intellectual Property Ownership

All content, designs, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Website or in the content are owned, controlled, and/or maintained by Pickleball Nation and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws. Any unauthorized publication, use, copying or modification of the Website or the content, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

Accordingly, you understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Pickleball Nation, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Pickleball Nation name, logo, and all related trademarks, names, logos, product and service names, designs, images, and slogans are trademarks of Pickleball Nation or its affiliates or licensors. You must not use such marks without the prior written permission of Pickleball Nation. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

‍Third Party Websites

The Website may, for convenience purposes only, provide links to third party websites, applications, or services that are not owned or controlled by Pickleball Nation. Pickleball Nation does not endorse the information contained therein, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website, application or service is not under the Company’s control and if you choose to access any such website, you do so solely at your own risk.

Error, Omissions and Inaccuracies

Pickleball Nation does not represent, warrant, or guarantee, or accept any responsibility or liability for, the accuracy, currency or completeness of the content or the Website, including with respect to any information, data, prices, illustrations, specifications, availability, products or services. Your use of the Website is at your own risk and neither the Company nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website. The Company reserves the right to change or update the Website and the content to correct errors, inaccuracies, or omissions at any time without prior notice. This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Reservation of Rights and Control of Website

Pickleball Nation has the right to:

remove or refuse to post on the Website any User Submissions for any or no reason at our sole discretion.
at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

Indemnity

IN CONSIDERATION FOR ACCESSING OR USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PICKLEBALL NATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, CONSULTANTS, ADVISORS, SUPPLIERS, SUCCESSORS, ASSIGNS, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED IN OR OBTAINED THROUGH THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING, COMMUNICATION OR TRANSMISSION OF ANYTHING ON OR THROUGH THE WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU BREACH APPLICABLE LAW OR INFRINGE UPON ANY THIRD PARTY PROPRIETARY OR OTHER RIGHTS. YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, LICENSEES, CONSULTANTS, ADVISORS, SUPPLIERS, SUCCESSORS, ASSIGNS, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES OR RELATING TO ANY USE BY YOU OF THE WEBSITE.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

‍‍Privacy

The Company is committed to respecting the privacy and personal information of all persons with whom Pickleball Nation does business. Accordingly, the Company’s Privacy Policy, found at www.thepickleballnation.ca, describes how Pickleball Nation collects, uses and discloses the personal information of those individuals who access or use the Website or the Company’s services. You acknowledge and agree that access to and use of the Website is primarily provided online, and that your information, including personal information, may be transferred and stored as set out in the Privacy Policy. By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.thepickleballnation.ca, as we deem necessary for use of the Website and provision of services.

Transactions

All financial transactions, including purchases of memberships, court bookings, or otherwise, are processed through and governed by these Terms and Conditions.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT. TGOD DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE, THE CONTENT OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, THE CONTENT AND THE SERVICES, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL TGOD BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, BREACH OF PRIVACY, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE, THE CONTENT OR THE SERVICES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, CONTENT, OR ANY OF THE COMPANY’S PRODUCTS OR SERVICES, SHALL BE THE LESSER OF CAD$50.00 AND THE AMOUNT PAID BY YOU FOR ANY SERVICES OR PRODUCTS SOLD TO YOU DIRECTLY BY THE COMPANY THROUGH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY.

‍Waiver

Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Pickleball Nation regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Miscellaneous

Any headings and titles herein are for convenience only. These Terms and Conditions are not assignable, transferable or sub-licensable except with the prior written consent of the Company. The Company may assign, transfer or convey these Terms and Conditions, or any of our rights thereunder, to a third party without notice to you. If and solely to the extent that any court or tribunal of competent jurisdiction holds any provision of these Terms and Conditions to be unenforceable in a final non-appealable order, such unenforceable provision shall be stricken and the remainder of these Terms and Conditions shall not be affected. Any such stricken provision shall, to the extent possible, be replaced with a provision that is enforceable and that comes as close as possible to expressing the intention of the original provision. Pickleball Nation may, at any time, limit or withdraw any product or service made available for sale on this Website, or reject or limit sales to any person, subject to applicable legal obligations. When you submit an order to the Company, you will be required to register with the Company and provide payment and financial details that are truthful, accurate and complete, and in so doing you represent and warrant that you intend to use and carry out any activities related to your purchase lawfully, in accordance with applicable laws, these Terms and Conditions, any medical advice you may have received (if applicable), and that you will not resell, transfer, or permit any other person to directly benefit from your purchase. Further, you represent and warrant that you have the lawful authority to use such method of payment for any purchase from the Company, and that your registration information is and will be at all material times truthful, accurate and complete. All orders are subject to acceptance by the Company. Pickleball Nation reserves the right to refuse service to anyone, at any time, for any reason, and to accept or reject any returns, exchanges, or requests for credit in its sole and unfettered discretion, subject to applicable legal or regulatory obligations.

Contact

If you have any questions or concerns regarding these Terms and Conditions, the Website, or any of the Company’s products or services, please email us info@thepickleballnation.ca.