Terms of Service

By searching Dink USA, you agree to the terms set forth in these Terms of Service

The Service (dinkusa.com) sells pickleball paddles, balls, and other accessories. Dink USA does not assume any liability for the products or services that are built using our service.

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of The Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of The Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dink USA is not responsible for third party access to your account that results from theft or misappropriation of your account. Dink USA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Dink USA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may not use www.Dink USA.co.

The Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dink USA and Dink USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dink USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dink USA of the site or any association with its operators. Certain services made available via The Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the The Service domain, you hereby acknowledge and consent that Dink USA may share such information and data with any third party with whom Dink USA has a contractual relationship to provide the requested product, service or functionality on behalf of The Service users and customers.

Publicly available search engine providers may crawl or query the Services only for the purpose of creating an index with links to the Services’ web pages to generate web search engine results. All other automated queries of the Services,

including screen and database scraping, spiders, robots, crawlers, bypassing “captcha”, and any other automated activity, with the purpose of obtaining information from the Services is strictly prohibited, unless you have received express written permission from Dink USA.,

You are granted a non-exclusive, non-transferable, revocable license to access and use The Service strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dink USA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other partys use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dink USA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dink USA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dink USA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dink USA or our licensors except as expressly authorized by these Terms.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another\s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Dink USA has no obligation to monitor the Communication Services. However, Dink USA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Dink USA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Dink USA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dink USA\s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dink USA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dink USA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dink USA spokespersons, and their views do not necessarily reflect those of Dink USA. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials provided to The Service or posted on any Dink USA web page: Dink USA does not claim ownership of the materials you provide to The Service (including feedback and suggestions) or post, upload, input or submit to any Dink USA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dink USA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Dink USA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dink USA\s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.,

Certain aspects of the Service may be subject to payments now or in the future (the “paid services”). Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms of Use. We may use a third-party payment processor to bill you through a payment account linked to your account on Dink USA (your “billing account”) for use of the paid services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. We are not responsible for error by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your “payment method”). You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand. Some of the paid services may consist of recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing address current, complete and accurate, and must promptly notify us or your payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above. If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.,

You will be able to connect your Dink USA account to third party accounts. By connecting your Dink USA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

The Service is controlled, operated and administered by Dink USA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dink USA Content accessed through The Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Any Personal Data that is subject to the GDPR shall apply and the parties agree to comply with such terms.

You agree to indemnify, defend and hold harmless Dink USA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement

or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dink USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dink USA in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction.

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in eachs individual capacity, and not as a plaintiff or class member in any putative class,

Collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and employer agree otherwise, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding.

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Dink usa, inc. And/or its suppliers may make improvements and/or changes in the site at any time. Dink usa, inc. And/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Dink usa, inc. And/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall dink usa, inc. And/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if dink usa, inc. Or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Dink USA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dink USA as a result of this agreement or use of the Site. Dink USAs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dink USAs right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dink USA with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dink USA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dink USA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Dink USA reserves the right, in its sole discretion, to change the Terms under The Service is offered. The most current version of the Terms will supersede all previous versions. Dink USA encourages you to periodically review the Terms to stay informed of our updates.

You agree that, during the time you are a registered Service user, we may identify you as a customer of Dink USA (including, without limitation, on the Site and in promotional materials).