When you purchase a product or service from Pickleball Kitchen LLC (the “Provider”), you are acknowledging that you understand and agree to be legally bound by the terms and conditions of this Agreement (the “Agreement”). You understand that the Provider is not an accredited educational institution, and Provider’s products and services are not recognized by academic accrediting agencies. You understand that no college credits are issued for participation in or completion of any pickleball training.
1. Intellectual Property
You are purchasing a nonexclusive nontransferable nonsublicensable revocable license to use a pickleball training product or service. This license expressly excludes all other Provider products and services for which you have not paid the Provider.
You understand and agree that the copyrights and trademarks are owned solely by Pickleball Kitchen LLC, which has its principal place of business at 5830 Granite Parkway, Suite 100-210, Plano, Texas, 75024-6771 USA, and by purchasing a license to use a Provider product, you do not acquire any intellectual property ownership.
You agree to keep confidential the proprietary data and copyrighted information you receive in and agree not to publish, resell, distribute, or summarize them for others’ use in any way. You understand all intellectual property: (a) remains the sole and exclusive property of the Provider, which retains all rights thereto; (b) cannot not be resold by you or otherwise distributed with or without consideration; (c) will not be made available by you to any other person; (d) will not be reproduced or summarized in any manner; and (e) will be destroyed or returned to the Provider immediately upon demand should you violate any of these terms or conditions.
If the Provider requests destruction of a product purchased upon termination of this Agreement for any reason, you agree to furnish the Provider with an Affidavit of Destruction in a form satisfactory to the Provider acknowledging your destruction of the product in your possession or control within seven (7) business days of the termination.
If you violate the terms and conditions of this Agreement, the Provider may pursue civil and/or criminal prosecution against you.
The term of this license extends only as long as you remain a customer in good standing and shall cease immediately upon the earlier of nonpayment of the purchase price (e.g., a credit card chargeback) or your violation of the terms or conditions of this Agreement.
You will not at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, the Provider's exclusive right and title to any product or service and/or the copyrights or the validity thereof. The Provider, however, makes no representation or warranty with respect to the validity of any trademark, service mark, or copyright that may issue or be granted therefrom.
You acknowledge the Provider’s products, services, related marks, and copyrights have acquired secondary meaning.
Upon the expiration or termination of this license, you acknowledge all of your rights under this Agreement shall forthwith terminate and immediately revert to the Provider and you shall immediately discontinue all use of the product or service at no cost whatsoever to the Provider.
You recognize the value of the goodwill associated with the Provider’s products and services, and acknowledge that such, and all rights therein including the goodwill pertaining thereto, belong exclusively to the Provider.
The Provider shall have the sole and exclusive right, in its discretion, to Provider and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement. All sums recovered in any such lawsuits, whether by judgment, settlement or otherwise, in excess of the amount of reasonable attorneys’ fees and other out of pocket expenses of such suit, shall be retained solely by the Provider.
You will fully cooperate with the Provider in the prosecution of any such suit against a third party and shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit.
2. Method of Payment
You agree and represent that all information you provide for the purpose of making a purchase will be accurate, complete, and current. It is your responsibility to timely update payment information with the Provider to prevent your purchase from being cancelled for nonpayment.
You expressly authorize the Provider to charge your credit card, debit card, or PayPal account for any and all applicable fees associated with your purchase hereunder. If you provide the
Provider with a credit card or debit card that expires, the Provider reserves the right to charge any renewal card issued to you as a replacement without any additional consent by you.
3. Disclaimers
You understand and agree there are important risk factors that should be considered by you when deciding whether to purchase a product or service from the Provider and participating in pickleball-related activities. The following disclaimers apply to the extent a product or service and/or our communications with you refer to health-related (physical, emotional, and/or mental) matters.
Health References
Health references by the Provider, its principals, employees, and agents, are an educational service consisting solely of general health information. Provider’s communications, products, and services are provided "as is" and without warranties of any kind either express or implied.
Not Medical Care or Advice
Neither Provider’s products nor services are a substitute for professional medical advice, diagnosis or care. No exercises or treatments mentioned in a product, service, or our communications with you should be performed or otherwise used without clearance from your physician or health care provider. The information provided by the Provider is not intended to provide specific physical or mental health advice, or any other advice whatsoever, and should not be relied upon in that regard. The Provider’s principals, employees, and agents are not medical professionals and nothing in our communications, products, or services should be misconstrued to mean otherwise.
Risks Exist
Now there may be risks associated with participating in pickleball-related activities, especially for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, and we want you to be safe, you should seek clearance from your healthcare provider before participating in such activities.
Of course, you shouldn’t attempt to participate in any exercises or activities while driving or performing any dangerous acts. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
Testimonials, Case Studies & Examples
Testimonials, case studies, and examples are exceptional results, do not reflect the typical purchaser’s experience, don't apply to the average person, and are not intended to represent or guarantee anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a peer-reviewed scientific study or other reputable third- party source, you should presume the typical results as stated are more reliable than the testimonials, case studies, and examples found on the Provider’s websites, products, services, communications, and promotional content.
Your Success
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations, or guarantees whatsoever to you about the results you will achieve. And we have not authorized any such projection, promise, or representation by others.
Any statements or examples only estimate what we think a customer can do. There is no assurance you will do as well as stated in any examples. If you rely upon any statements or examples, you must accept the entire risk of not doing as well as the information provided.
There is no assurance that any prior successes or past results by others will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies.
Your success in using the information, strategies, and tactics provided depends upon a variety of factors beyond our control (e.g. your physical condition). We also have no way of knowing how well you will do because we do not know you, your background, your work ethic, your dedication, your motivation, your desire, your skills, or your practices. Therefore, we do not guarantee or imply that you will become healthier, improve your pickleball skills, etc.
Due Diligence
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by third parties.
As-Is and As-Available
PRODUCTS, SERVICES, AND OUR COMMUNICATIONS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER A PRODUCT, SERVICE, OR THE INFORMATION YOU RECEIVE BECAUSE OF YOUR PURCHASE IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE PROVIDER DOES NOT WARRANT THAT USE OF PRODUCTS, SERVICES, OR COMMUNICATIONS WITH US WILL BE ERROR-FREE OR UNINTERRUPTED. THE PROVIDER IS NOT RESPONSIBLE FOR THIRD PARTY SOFTWARE INSTALLED OR USED BY YOU, PROVIDER’S CLOUD PLATFORM’S OPERATION OR PERFORMANCE, THE PERFORMANCE OR OPERATION OF YOUR INTERNET SERVICE PROVIDER(S) USED TO ACCESS ANY PRODUCT AND COMMUNICATIONS, OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
Accuracy
Facts and information are believed to be accurate at the time they were placed in a product or otherwise communicated to you. All information provided by the Provider is to be used for informational purposes only. Products and services are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to available information, and such information should not be relied upon as all-inclusive or accurate.
You agree to hold the Provider, its principals, employees, and agents harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of activities discussed in a product, service, or our communications with you, excepting only claims for gross negligence or intentional tort.
4. Limitation of Liability
IN NO EVENT SHALL THE PROVIDER, ITS PRINCIPALS, EMPLOYEES, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL LIABILITY OF THE PROVIDER, ITS PRINCIPALS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO THE PROVIDER BY YOU.
5. Non-Discrimination
The Provider, its principals, employees, and agents do not discriminate on the basis of race, color, national origin, citizenship status, ethnic origin, ancestry, age, religion, religious creed, physical or mental disability, handicap, sex, gender, gender identity, gender expression, sexual orientation, marital status, military status, veteran status, or any other characteristic protected under applicable law. When dealing with the Provider, its principals, employees, agents, and other customers, you also agree not to discriminate based on any of these characteristics.
6. Prohibited Conduct
You agree that you will only use our communications, products, and services for lawful purposes. This includes, but is not limited to, compliance with all applicable laws, rules, and regulations. The Provider reserves the right to disclose your customer account information to any government law enforcement agency that requests it without providing notice to you.
7. Photos, Video, Audio & Derivative Works
To satisfy an express condition precedent to making a purchase, you authorize the Provider, its principals, employees, agents, successors, and assigns to take photographs as well as record audio and video of all of your customer activities, including comments made, during your participation. You fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold or given away by the Provider, its principals, employees, agents, successors, and assigns, both offline and via the Internet, without any compensation to you. Furthermore, you acknowledge the Provider is the sole copyright owner for these images, recordings, and any derivative works.
8. Refunds
Refunds are governed by the terms and conditions of this Agreement. To the extent there is a conflict between general refund and cancellation policies on the Provider’s websites and this Agreement, the terms and conditions of this Agreement will govern.
Non-Subscription Digital Items
$200 or Less
If the purchase price is U.S. $200 or less for a digital product, if you are dissatisfied at any time during the first thirty (30) days after purchase, simply ask for a full refund. As a condition for receiving the refund, you will be required to destroy all copies of the digital product within your possession or control. We may ask you to complete and submit to us a signed Affidavit of Destruction before issuing the refund.
Calculation of Refund or Exchange Amount
Refunds
If you are eligible for a refund on a physical product, you will be credited the amount you paid for the returned item(s), including taxes. You will not be refunded the original shipping charges.
How to Ship Returns
If you are not satisfied with the quality of a full-priced item, please email your order information to request a refund by email using the contact form at PickleballKitchen.com, and we will send you a return form to complete.
To obtain a full or partial refund under this policy, physical products must be shipped at your expense with a completed return form and copy of your purchase receipt to the address listed below:
Pickleball Kitchen LLC
Attn: Refunds & Subscriptions Department
5830 Granite Parkway, Suite 100-210
Plano, Texas, 75024-6771 USA
Returned products must be in merchantable condition (i.e., we could resell them because they're in good unused condition).
Shipment and Risk of Loss
We do not take title to a returned physical product until we receive it. In limited circumstances, and at our sole discretion, we may issue a full or partial refund without the return of a physical product you purchased from us. If we issue such a refund without a product return, we do not take title to the physical product that has not been returned.
When you buy a physical product from our website, the purchase is made per a shipment contract. Whether we ship the product directly to you, or it is shipped to you by a third party (e.g., a drop shipper), the risk of loss and title for each product purchased from us passes to you once it has been delivered to the carrier (e.g., U.S. Postal Service, U.P.S., FedEx etc.). We are not responsible for items lost during transit.
9. Non-Disparagement
During and after the term of this Agreement, neither party to this Agreement nor anyone acting on their behalf shall make any derogatory or disparaging statements about the other, or its past or present direct or indirect parent companies or its past or present subsidiaries or affiliates, or any of its past or present officers, directors, employees, consultants, agents, representatives, successors or assigns, or directly or indirectly take any action which is intended to embarrass any of them. This provision for non-disparagement shall survive termination of this Agreement.
10. Force Majeure
The Provider, its principals, employees, and agents shall not be liable for failure to perform any of the Provider’s obligations under this Agreement during any period in which the Provider cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic or pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond the Provider’s control.
11. Severability
If any part of this Agreement is declared void, this Agreement, to the maximum practicable extent, shall be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.
12. Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Provider because of this Agreement, use of a product, service, or our communications.
13. Governing Law, Venue & Dispute Resolution
The Provider's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Provider's right to comply with governmental, court and law enforcement. Use of Provider’s products and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
This Agreement shall be governed and construed in accordance with the laws of the State of Texas applicable to Agreements made and to be performed in the State of Texas.
To the extent you have in any manner violated or threatened to violate the Provider's intellectual property rights, the Provider may seek injunctive or other appropriate relief in any state or
United States federal court, and you consent to exclusive jurisdiction and venue in such courts.
You agree any legal action or proceeding by you against the Provider for any purpose will be submitted by you to confidential binding arbitration in Collin County, Texas, under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Any such claim brought by you under this Agreement may not be aggregated with other claims by you or third parties against the Provider.
14. Waiver
No waiver by the Provider of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
15. Assignability & Sublicenses
You fully understand and agree the license granted hereunder is personal to you and shall not be assigned or sublicensed by any act by you or by operation of law unless with the prior written consent of the Provider. You also understand and agree that this Agreement may be assigned by the Provider to any successor in interest to the Provider.
16. Headings and Construction
The section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All references to this Agreement and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any Party hereto or the drafter(s) of this Agreement.
17. Entire Agreement & Modifications
This is the entire Agreement between the parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties.
Copyright © 2010-2025 Law Office of Michael E. Young PLLC, and licensed for use by Pickleball Kitchen LLC. All Rights Reserved. No portion of these terms and conditions may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.