We are pleased to welcome you to CityPickle (“CityPickle”) and the www.city-pickle.com website (the “Website” or the “Site”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website. CityPickle owns and operates world class, multi-court pickleball facilities. You may engage in certain activities, such as those related to membership and booking services, when using the Website (the “Services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, Site guest or visitor and “we”, “us” and “our” refer to CityPickle, its subsidiaries, successors in interest and assigns, and www.city-pickle.com.
Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between CityPickle and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all these Terms and Conditions.
By using the Website and/or becoming a CityPickle member as well as purchasing/booking CityPickle products and/or services online, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.
General. When you opt-in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from CityPickle. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with CityPickle. CityPickle reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. CityPickle also reserves the right to change the short code or phone number where messages are sent. Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing messages is not a condition of purchase.
Carriers. Carriers are not liable for delayed or undelivered messages.
Cancellation. You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from CityPickle again, just sign up as you did the first time and CityPickle will start sending messages to you again.
Info. Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@city-pickle.com.
Transfer of Number. You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at info@city-pickle.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy. If you have any questions about your data or our privacy practices, please visit our Privacy Policy.
Messaging Terms Changes. We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes
Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.
By having accepted these Terms of Use, and/or engaging in any interactive functions on the Site or otherwise participating in any activities offered on the Site, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule, or regulation.
From time to time, these Terms of Use may change. CityPickle reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Site and changes will become effective once posted. Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies. You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.
CityPickle owns, licenses and/or has the right to use this Website and all intellectual property rights to the same (collectively, “Materials”). CityPickle hereby grants you permission to use the Website as set forth in these Terms of Use, but nothing in these Terms shall be construed to confer upon you any license of or under any of CityPickle’s intellectual property rights in the Materials. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights, or logos of CityPickle in any form or manner.
Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting, or any other use of this Site or of any of the Materials, in whole or part, without the express permission of CityPickle, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.
CityPickle seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which CityPickle provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that CityPickle may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at CityPickle’s sole discretion.
All booking, membership, and payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Playbypoint (https://www.playbypoint.com/). Please carefully review the terms and conditions of use on the Playbypoint website. CityPickle is not liable to users for any claims, losses, causes of action, or damages arising from or related to conduct, or actions governed by the Playbypoint terms.
If you have a dispute with CityPickle relating to the Website or the Services, please contact us by emailing info@city-pickle.com, and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services.
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website may contain links to or embedded versions of other applications, websites, and social media features (collectively, “websites”) that are not controlled and/or maintained by CityPickle. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links or embedded versions, CityPickle shall not be deemed to endorse, recommend, approve, guarantee, or introduce any third parties or their services or products, or any facts, views, advice, information, promotions, and/or products found on such websites. CityPickle is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked or embedded websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
In connection with your use of the Website, you may not, and you agree that you will not:
CityPickle endeavors to make sure that all information and data it originates on the Website is accurate. However, CityPickle is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES, AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION, OR UPDATING. CITYPICKLE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW AND ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER CITYPICKLE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES CITYPICKLE MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS, OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF CITYPICKLE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
CityPickle is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Unless prohibited by law, you agree to indemnify CityPickle, and each of its parent, subsidiary and affiliated entities (collectively, “CityPickle Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify CityPickle, shall survive beyond any term for which these Terms of Use are in effect.
When you communicate with CityPickle electronically, via email or otherwise, you consent to receive electronic communications from CityPickle. You agree that all communications (including, but not limited to all notices, agreements, and disclosures) provided to you electronically by CityPickle satisfy any legal requirement that such communication be in writing. CityPickle encourages you to retain your own copies of relevant information. Please see our Privacy Policy concerning providing information to CityPickle, your consent to receiving information from CityPickle, your ability to withdraw such consent, and CityPickle’s obligations with respect to maintaining and/or returning any information you have provided to CityPickle.
With respect to all communications you make to CityPickle directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions, and the like: (i) you shall have no right to confidentiality in your communications and CityPickle shall have no obligation to protect your communications from disclosure; (ii) CityPickle shall be free to reproduce, use, publish, display, disclose, and distribute your communications to others without limitation; and (iii) CityPickle shall be free to use any ideas, concepts, know-how, information, data content, or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production, and marketing of products and services that incorporate such information, without obligation to you.
In the event that CityPickle, or an affiliate of CityPickle, is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale, or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that CityPickle goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of CityPickle may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us by emailing info@city-pickle.com.
CityPickle values intellectual property and respects the intellectual property rights of others and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify CityPickle by emailing info@city-pickle.com.
In your notice, you must include the following:
Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited, or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition, or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification, or invalidation of any portion of the Terms of Use shall affect the construction, validity, or enforceability of such portion in any other jurisdiction. No waiver by CityPickle of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and CityPickle’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the content and/or the Materials.
By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, agree that your recovery with respect to all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, CityPickle may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by CityPickle, in the event that CityPickle believes that there is a violation, or a threatened violation, that has jurisdiction of any of CityPickle’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
