Terms of Service

These Terms govern the use of this Application, and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

What the User should know at a glance:

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by Pickle & Poach LLC, a Utah limited liability company, doing business as Pickle & Poach (The "Owner") or its licensors (the "Content").

Rights regarding content on this Application — All rights reserved

The Owner, or its licensors, holds and reserves all intellectual property rights for any such Content. Users may not use such Content in any way that is not necessary or implicit in the proper use of the Service. For purpose of this document Service shall mean pickleball classes, reservations, corporate events, parties, golf simulator reservations, and such additional classes and reservations as may be added in the future.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application.

Access to External Resources

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that Owner has no control over such resources and is therefore not responsible for their content and availability.

Acceptable Use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. The Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service whenever Users engage or are suspected of engaging in any of the following activities:

• violating laws, regulations and/or these Terms
• infringing upon any third-party rights
• considerably impairing the Owner's business interests
• engaging in offensive or inappropriate behavior

Liability and Indemnification

Disclaimer of Warranties: This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties.

Limitations of Liability: To the maximum extent permitted by applicable law, in no event shall the Owner be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access
• any errors, mistakes, or inaccuracies of content
• personal injury or property damage resulting from User access to or use of the Service
• any unauthorized access to or use of the Owner's secure servers
• any interruption or cessation of transmission to or from the Service
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands arising from:

• User's use of and access to the Service
• User's violation of these terms
• User's violation of any third-party rights
• User's violation of any statutory law, rule, or regulation
• any content that is submitted from User's account

Common Provisions

No Waiver — The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

Service Interruption — To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes.

Service Reselling — Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission.

Privacy Policy — To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.

Intellectual property rights — Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors.

Changes to these Terms — The Owner reserves the right to amend or otherwise modify these Terms at any time. The continued use of the Service will signify the User's acceptance of the revised Terms.

Governing Law — These Terms are governed by the law of the State of Utah, without regard to conflict of laws principles.

Venue of Jurisdiction — The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Salt Lake County, Utah.

This Application is provided by: Pickle & Poach, LLC, DBA Premier Pickleball Club
Owner contact email: molly.hansen@playatpremier.com