Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Low Ballers Pickleball. Throughout the website, the terms “we,” “us,” and “our” refer to Low Ballers Pickleball.
Low Ballers Pickleball provides this website, including the information, products, services, features, and tools made available through it, subject to your acceptance of these Terms of Service and any other policies or notices referenced on this website.
By visiting our website, creating an account, purchasing a product, or otherwise using our website or services, you engage in our “Service” and agree to be bound by these Terms of Service.
These Terms apply to all users of the website, including browsers, customers, vendors, merchants, contributors, and anyone else who accesses or uses the Service.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any portion of the website, you agree to these Terms.
If you do not agree with these Terms, you should not access the website or use our Service.
Any new products, features, services, or tools added to the website will also be subject to these Terms of Service.
We may update, modify, or replace any portion of these Terms by posting updated Terms on this page. It is your responsibility to review this page periodically. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you have reached the age of majority in your province, territory, state, or jurisdiction of residence, or that you are the age of majority and have authorized any minor dependants under your supervision to use this website.
You may not use our products, website, or Service for any illegal or unauthorized purpose.
You may not violate any applicable laws while using our Service, including intellectual property, copyright, consumer protection, or e-commerce laws.
You must not transmit viruses, malware, worms, malicious software, or any code intended to damage, interrupt, or interfere with the website or Service.
A breach or violation of these Terms may result in the immediate suspension or termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any person where permitted by law.
You understand that information you provide through the Service, excluding payment card information, may be transmitted across different networks and may undergo technical changes necessary for compatibility with networks or devices.
Payment card information is encrypted during transmission through applicable payment processing systems.
You may not reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Service, access to the Service, or content provided through the website without our written permission.
The headings used in these Terms are provided for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information presented on our website is accurate and current.
However, we do not guarantee that all information on the website will always be complete, accurate, or up to date.
Information provided through the website is intended for general informational purposes and should not necessarily be relied upon as the sole basis for making significant purchasing or other decisions.
Certain information on the website may be historical and may no longer reflect current circumstances.
We reserve the right to modify website content at any time, but we are not obligated to update every piece of information except where required by law.
SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES
Product prices may change without notice.
We reserve the right to modify, suspend, replace, or discontinue any product, service, feature, or portion of the website at any time.
We will not be liable to you or any third party solely because of a modification, price change, suspension, or discontinuation of a product or Service, except where otherwise required by applicable law.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may be offered exclusively through our online store.
Products may have limited availability and may only be returned, exchanged, or refunded according to our applicable Return or Refund Policy.
We make reasonable efforts to accurately display product colours, photographs, designs, specifications, and other product information.
However, the appearance of colours and images may vary depending on your monitor, mobile device, display settings, lighting, and other factors.
We cannot guarantee that your device will display a product exactly as it appears in person.
We reserve the right, where permitted by law, to:
- limit the sale of products or services to particular people, regions, or jurisdictions;
- limit quantities available for purchase;
- change product descriptions;
- change prices;
- discontinue products; and
- cancel or decline orders in appropriate circumstances.
Any offer made through this website is void where prohibited by law.
Unless expressly stated otherwise, we do not guarantee that a particular product, service, or other material purchased through our website will meet every individual customer's expectations.
Nothing in these Terms is intended to exclude warranties, rights, or remedies that cannot legally be excluded under applicable consumer protection laws.
SECTION 6 - BILLING, ORDERS AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where permitted by law.
We may limit or cancel quantities purchased per person, household, customer account, payment method, billing address, shipping address, or order.
We may also limit or prohibit orders that reasonably appear to have been placed by unauthorized resellers, distributors, or other commercial purchasers.
If we modify or cancel an order after it has been submitted, we may attempt to notify you using the email address, telephone number, billing information, or other contact information provided with the order.
You agree to provide accurate, current, and complete information when making purchases through our store.
You agree to promptly update information associated with your account where necessary, including your email address, billing information, payment details, and shipping information.
For additional information regarding returns, refunds, and exchanges, please review our Return or Refund Policy.
SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, applications, integrations, platforms, or services offered by third parties.
We do not necessarily control, operate, supervise, or monitor those third-party services.
Access to third-party tools may be provided on an “as available” basis.
Your use of a third-party service may also be governed by the separate terms, policies, and privacy practices of that provider.
You are responsible for reviewing and accepting the applicable terms before using third-party services.
We may introduce additional services, integrations, features, or resources in the future. Unless otherwise stated, those additions will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to websites, products, content, applications, or services operated by third parties.
Third-party websites are independent from Low Ballers Pickleball, and we are not responsible for controlling or reviewing all content, products, policies, practices, or information offered through them.
A link to a third-party website does not necessarily mean that we endorse that website, company, product, or service.
Your use of third-party websites is at your own discretion and may be governed by separate terms and privacy policies.
Questions, disputes, complaints, or concerns relating specifically to a third-party product or service should generally be directed to the applicable third-party provider.
SECTION 9 - REVIEWS, COMMENTS, FEEDBACK AND SUBMISSIONS
You may have opportunities to submit reviews, photographs, comments, feedback, suggestions, ideas, contest entries, or other materials to Low Ballers Pickleball.
Unless otherwise agreed in writing, by submitting such material to us you grant Low Ballers Pickleball a non-exclusive, worldwide, royalty-free right to use, reproduce, display, publish, edit, translate, adapt, and distribute that material for legitimate business and promotional purposes.
We are not obligated to:
- maintain submissions in confidence unless required by law or separately agreed;
- compensate you for unsolicited submissions; or
- respond to submissions.
We reserve the right to moderate, edit, decline, or remove content that we reasonably determine to be unlawful, abusive, defamatory, threatening, obscene, fraudulent, misleading, harmful, or infringing.
You agree that content submitted by you will not violate the rights of another person or entity, including copyright, trademark, privacy, publicity, personality, or other proprietary rights.
You must not submit malicious software, viruses, fraudulent information, impersonated identities, or other content designed to harm or mislead others.
You are responsible for the content you submit and for ensuring that it is accurate and lawful.
SECTION 10 - PERSONAL INFORMATION
The collection, use, disclosure, and handling of personal information submitted through our website or store are governed by our Privacy Policy.
Please review the Privacy Policy available through our website for additional information about how personal information is handled.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain errors, inaccuracies, or omissions.
These may relate to matters including:
- product descriptions;
- photographs;
- pricing;
- promotions;
- discounts;
- availability;
- shipping costs;
- delivery estimates;
- specifications; or
- other product or service information.
We reserve the right to correct errors, update information, or cancel an affected order when information relating to that order was materially inaccurate, subject to applicable law.
We are not obligated to continuously update every piece of information on the website unless required by law.
A particular update or revision date should not be interpreted as confirmation that every portion of the website was updated at that time.
SECTION 12 - PROHIBITED USES
You may not use the website, Service, or its content:
- for unlawful purposes;
- to encourage or participate in unlawful activity;
- in violation of applicable international, federal, provincial, territorial, state, or local laws;
- to infringe intellectual property rights belonging to us or another party;
- to harass, threaten, abuse, defame, discriminate against, or unlawfully harm another person;
- to submit materially false or misleading information;
- to transmit viruses, malware, malicious scripts, or harmful code;
- to improperly collect, scrape, harvest, or track another person's personal information;
- to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in other abusive automated activity;
- for fraudulent, obscene, or unlawful purposes;
- to interfere with website functionality or security;
- to attempt unauthorized access to accounts, systems, networks, or databases; or
- to circumvent security features or restrictions placed on the Service.
We reserve the right to suspend or terminate access to the Service where these restrictions are violated.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that access to the website or Service will always be uninterrupted, timely, secure, or error-free.
We do not guarantee that every result, recommendation, description, calculation, availability estimate, or other piece of information provided through the Service will always be completely accurate or reliable.
We may temporarily suspend portions of the website for maintenance, security, upgrades, technical issues, or other legitimate business reasons.
To the fullest extent permitted by applicable law, the website and Service are provided on an “as is” and “as available” basis.
To the extent permitted by law, Low Ballers Pickleball disclaims warranties or conditions that are not expressly provided by us, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
To the maximum extent permitted by applicable law, Low Ballers Pickleball and its owners, directors, officers, employees, affiliates, contractors, agents, suppliers, service providers, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages resulting from your use of the website, Service, or products purchased through the website.
This may include loss of profits, revenue, savings, data, business opportunities, or replacement costs.
Where a jurisdiction does not permit particular limitations or exclusions of liability, those limitations will apply only to the maximum extent legally permitted.
Nothing in these Terms excludes or limits any right or liability that cannot legally be excluded or limited under applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Low Ballers Pickleball and its owners, affiliates, partners, officers, directors, employees, contractors, service providers, licensors, suppliers, and agents from third-party claims arising directly from:
- your material breach of these Terms;
- your unlawful use of the Service;
- content submitted by you;
- infringement by you of another party's rights; or
- your violation of applicable law.
This obligation includes reasonable legal costs where legally recoverable.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
These Terms remain effective while you access or use our website or Service.
You may stop using the Service at any time.
Any obligations or liabilities that arose before termination will survive termination where appropriate.
If we reasonably determine that you have materially violated these Terms, we may suspend or terminate your access to the Service where permitted by law.
Termination does not eliminate amounts legitimately owed for purchases, transactions, or obligations arising before termination.
SECTION 17 - ENTIRE AGREEMENT
These Terms, together with policies and operating rules referenced through our website, constitute the agreement between you and Low Ballers Pickleball concerning your use of the Service.
They replace previous agreements or communications regarding the same subject matter, except where a separate written agreement expressly applies.
Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision in the future.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which Low Ballers Pickleball provides products or services are governed by and interpreted in accordance with the applicable laws of Canada and the applicable laws of the province or territory in which Low Ballers Pickleball operates.
SECTION 19 - CHANGES TO THESE TERMS
The most current version of these Terms of Service will be available on this page.
We may update, modify, or replace portions of these Terms from time to time by publishing an updated version through our website.
Where required by law, additional notice may be provided.
Your continued use of the website or Service after updated Terms become effective constitutes acceptance of those Terms.
SECTION 20 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Low Ballers Pickleball Email: Lowballers2026@gmail.com
SMS/MMS MOBILE MESSAGE MARKETING TERMS
This section applies if you participate in an SMS or MMS messaging program offered by Low Ballers Pickleball.
Mobile Messaging Program
Low Ballers Pickleball may offer an SMS and/or MMS messaging program through which customers can receive information such as:
- order-related updates;
- product announcements;
- promotions;
- discounts;
- special offers;
- event information;
- restock notifications; and
- other marketing or informational communications.
Participation in the messaging program is voluntary.
Your consent to receive marketing text messages is not required as a condition of purchasing goods or services from Low Ballers Pickleball.
By opting into our messaging program, you consent to receive recurring SMS or MMS messages at the telephone number you provide.
Messages may be delivered using automated technology where permitted by applicable law.
Message frequency may vary.
Standard message and data rates charged by your mobile carrier may apply.
OPTING OUT
You may unsubscribe from marketing messages at any time by replying:
STOP
to a message received from us.
After submitting a valid opt-out request, you may receive a final confirmation message informing you that you have been unsubscribed.
We will process opt-out requests in accordance with applicable law.
HELP
For assistance regarding mobile messages, reply:
HELP
to a message received from us or contact Low Ballers Pickleball at:
Lowballers2026@gmail.com
MOBILE NUMBERS
We may change the telephone number or messaging service used to operate our messaging program.
If we change our messaging number, messages sent to an older number may no longer be received.
You are responsible for providing a valid and current mobile telephone number.
If your telephone number changes, is transferred, cancelled, or reassigned, you should unsubscribe from our messaging program before discontinuing use of that number where reasonably possible.
This helps prevent messages intended for you from being delivered to a future owner of the telephone number.
MOBILE CARRIERS
Wireless carriers are not responsible for delayed or undelivered messages.
Delivery may depend on carrier availability, network coverage, device compatibility, service interruptions, and other circumstances outside our control.
MESSAGE DELIVERY
Low Ballers Pickleball is not responsible for messages that are delayed, lost, incorrectly routed, or otherwise undelivered because of circumstances outside our reasonable control.
You remain responsible for reviewing important order and account information through the appropriate website, email, account dashboard, or other available communication methods.
AGE REQUIREMENTS
You may not participate in the messaging program if you are under thirteen years of age.
If you are under the age of majority in your province, territory, or other applicable jurisdiction, you may participate only with the permission of your parent or legal guardian where required.
By enrolling in the messaging program, you represent that you are legally permitted to participate under the laws applicable to you.