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Open Court Club ("OCC") is a peer-to-peer marketplace that facilitates connections ("our Services" or "OCC Services" or "Services") of tennis players ("Players", "Guests", "Consumers") to:
- Coaches or trainers ("Coaches")
- Hitting partners ("Partners")
- Stringing Service Providers ("Stringers")
- Above offerings may collectively be referred to as "Host Services" and individuals or entities offering such Host Services may collectively be referred to as "Hosts"
This peer-to-peer connection is meant to lower the cost of and facilitate the opportunities to play tennis for everyone in the world, regardless of race, ethnicity, age, sex, skill level, financial status, political beliefs, religious beliefs or disability.
You need to create an account with Open Court Club to use some of our Services, so here are our rules:
- You must be 16 years of age or older. Otherwise, you may only use our Services with the supervision of a parent or legal guardian.
- You must be honest. Provide accurate information about yourself, and do not impersonate another person or company or use false or inaccurate information.
- You must choose an appropriate username. A username that is offensive or infringes a person’s intellectual property rights violates these Terms.
- You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity on that account.
- You must protect your password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Open Court Club of any unauthorized use of your password or any breach of security. You also agree that Open Court Club will not be held responsible or liable for any loss or damage arising from failure to keep your password secure.
Your Use of the Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your Host Service requires; you may not sell or provide a Host Service that violates any laws; don’t commit fraud, theft or any other crimes against Open Court Club, another Open Court Club user or a third party.
- Pay Your Bills. You are responsible for paying all fees that you owe to Open Court Club. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
- Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. This is also inclusive of our customers. You agree not to circumvent, evade, bypass, get around, sidestep, etc. OCC's marketplace by making offline agreements or arrangements with customers to consumer or supply services that would otherwise be transacted on through use of OCC's site.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy. The name “Open Court Club,” and the other Open Court Club marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Open Court Club in the U.S..
- Share Your Ideas. We love your suggestions and ideas! They can help us improve quality of our Services and Host Services. Any unsolicited ideas or other materials you submit to Open Court Club (not including Your Content, as defined below) are considered non-confidential and non-proprietary to you. You grant Open Court Club a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose.
- Comply with Applicable Laws. You understand and agree that you are solely responsible for compliance with all applicable laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Your Content.
Your Content Generally and Access. You retain the right to all text, pictures, reviews, comments, videos, and other content that you create and post or otherwise make available as a Host Service (or "Your Content"). You allow others to use Your Content in connection with the nature of the Services. Open Court Club has the right to remove any material, including Your Content, when deemed necessary.
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent and warrant that: (i) you have all necessary rights to Your Content or are the sole and exclusive owner of Your Content; and (ii) that you’re not infringing or violating any third party’s rights by posting Your Content to the Site.
License You Grant to Open Court Club. By posting Your Content, you grant Open Court Club a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, transferable, perpetual license to use, display, edit, modify, reproduce, view, adapt, publicly perform, transmit, stream, broadcast, access, distribute, store, prepare derivative works of, and otherwise exploit Your Content to provide the Services and to promote Open Court Club or the Services, in any formats and through any channels.
Infringing Content. If Your Content infringes another person’s intellectual property rights, we will remove it if we receive proper notice and will notify you if that happens.
Inappropriate, False or Misleading Content. Obviously there are certain types of content we don’t want posted on Open Court Club’s Site or Services. You agree that you will not post any content that is defamatory, abusive, threatening, vulgar or offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is against any applicable laws.
How the Services Work
OCC's Services can be used to facilitate the listing:
- Offering services in the form of tennis coaching or related training on an hourly or weekly basis
- Offering services in the form of acting as a hitting partner for other Players on an hourly or weekly basis
- Offering services in the form of tennis racket stringing service for other Players on a per racket basis
Such services are included on the Site by Hosts. You may view Host Services as
an unregistered visitor to the Site; however, if you wish to book a Host Service, you must first register to
create a Open Court Club account (see directions here).
As stated above, Open Court Club makes available an online platform or marketplace with related technology for Hosts and Guests to meet online and arrange for bookings directly with each other. Open Court Club is not an owner or operator of the Host Services, nor is it a provider of the Host Services. Unless explicitly specified otherwise in the Open Court Club platform, Open Court Club’s responsibilities are limited to facilitating the availability of the Site, Services and Host Services.
As a Supplier ("Host"), you may list your Host Service on our site. To create and list a Host Service, you will be asked a variety of questions about the Host Service to be listed, including, but not limited to, the location, capacity, size, duration, features, availability of the Host Service, pricing and related rules and financial terms. When creating and listing a Host Service, be sure to include as much information and detail to help Guests understand what kind of Host Service they can expect. Remember, use of photos and video is strongly recommended as this is a trust-based service. The better you can convey your authenticity and trustworthiness, the more likely hosts will be to increase their customer base. In order to be featured in Open Court Club via the Site and Services, all listings must have ample and transparent details for the Guests to make informed decisions and/or applicable physical address when necessary. Host Services will be made publicly available via the Site and Services.
You understand and agree that the placement or ranking of Host Services in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking. When you create a Host Service, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a booking of your Host Service, such as requiring Guests to have a profile picture or verified phone number, in order to book your Host Service . Any Guest wishing to book Host Services must meet these requirements.
Other Guests will be able to book your Host Service via the Site and Services based upon the information provided in your listing and the Guest's search parameters and preferences. You understand and agree that once a Guest requests a booking of your Host Service, you may not request the Guest to pay a higher price than in the booking request. Further, once a Host Service is booked, you must send a confirmation email summarizing the confirmed Host Service to the Guest.
As a Host, you understand and agree that Open Court Club does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Host Service, any agreement you enter into with such Guest is between you and the Guest.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the place of Host Service at your request or invitation, excluding the Guest.
Open Court Club recommends that Hosts obtain appropriate insurance for their Host Services. Please review any insurance policy that you may have for your Host Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guests invite to the Host Service, if applicable) while participating in your Host Service.
Customers ("Players", "Guests" or "Consumers")
The Hosts, not Open Court Club, are solely responsible for honoring any confirmed bookings and making available any Host Services reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Host Service, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Host Service imposed by the Host. You acknowledge and agree that you, and not Open Court Club, will be responsible for performing the obligations of any such agreements, that Open Court Club is not a party to such agreements, and that Open Court Club disclaims all liability arising from or related to any such agreements.
The total fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. You as a Guest agree to pay the total fees for any Host Service requested, and in most cases confirmed, in connection with your Open Court Club account. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Overall Disclaimers. OPEN COURT CLUB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL HOST SERVICES. ACCORDINGLY, USE OF THE SITE OR SERVICES WILL BE DONE AT THE USER’S OWN RISK. OPEN COURT CLUB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, GUEST OR OTHER THIRD PARTY.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Open Court Club is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other users, either online or in person. However, you understand that we do not screen users of our Services, and you are solely responsible for all of your communications and interactions with other users. Further, you release us from all liability relating to your interactions with other users, either online or in person. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Communications Between Users. YOU UNDERSTAND THAT OPEN COURT CLUB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY HOST SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, HOSTS OR GUESTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OPEN COURT CLUB.
No Warranties. Open Court Club is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk.
Liability Limits. To the fullest extent permitted by law, neither Open Court Club, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Open Court Club’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Open Court Club in the past twelve months.
If Open Court Club gets sued because of something that you did, you agree to defend, indemnify, and hold Open Court Club (including any of our employees) harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
The Site and Services are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Open Court Club. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Open Court Club used on or in connection with the Site and Services are trademarks or registered trademarks of Open Court Club in the US. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site and Services are used for identification purposes only and may be the property of their respective owners. As a Host or Guest, you understand and agree that you are bound by the additional Terms that apply to your use of the Site and Services (as may be updated from time to time).
Subject to your compliance with these Terms, Open Court Club grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Open Court Club content and any Guest or Host content to which you are permitted access solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Open Court Club, except for the licenses and rights expressly granted in these Terms.
Open Court Club respects copyright law and expects its users to do the same. It is Open Court Club’s policy to terminate in appropriate circumstances the Open Court Club account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Disputes with Other Users
If you find
yourself in a dispute with another user of Open Court Club’s Services or a
third party, we encourage you to contact the other party and try to resolve the
dispute amicably. You release Open Court Club from any claims, demands
and damages arising out of disputes with other users or parties.
Disputes with Open Court Club
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
- Arbitration. You and Open Court Club agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Open Court Club are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
- Forum. We’re based in Denver, Colorado, so any legal action against Open Court Club related to our Services must be filed and take place in Denver. That means the seat of any arbitration shall be Denver. For any actions not subject to arbitration, you and Open Court Club agree to submit to the personal jurisdiction of a state court located in Denver, Colorado.
- Termination By You. We hate to see you go, but you may terminate your account with Open Court Club at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
- Termination By Open Court Club. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to offer or purchase Host Services on our website. Open Court Club may refuse service to anyone, at any time, for any reason.
- Your Content and Information. If you or Open Court Club terminate your account, you may lose any information associated with your account, including Your Content.
- We May Discontinue the Services. Open Court Club reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
- Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
We are 100% transparent about our fees. They consist of two transaction costs: One by us (10% of service cost + $0.50 per transaction) and another by Stripe (2.9% + $0.30 per transaction). For information on Stripe's fees, see this link: Stripe Fees.
Why do we charge 10%? Not only does Open Court Club have its own operating costs for which it needs to cover (incl. employee compensation, web hosting, site management, site enhancement, marketing, etc.), but we spend a significant amount of time trying to enhance our site to make it as friendly to use and as far-reaching as possible in order to provide opportunities for everyone in our community. We will always do our best to keep costs as low as possible.
Open Court Club allows all users to use their Stripe business or premier account to buy or accept payments for Services.
Whenever Hosts list a Host Service, clearly identify if there is a cancellation policy and if there is, list the terms of cancellation and refund in a detailed manner. Guests should notify Hosts as soon as possible if there is a need to cancel the Host Service. Because this is a community based on trust, transparency and authenticity, we aim to treat each other with mutual respect and kindly ask Guests to extend the courtesy to Hosts by providing sufficient notice should cancellation be needed.
If, as a Host, you cancel a confirmed booking, you agree that Open Court Club may apply penalties or consequences to you or your Host Service, including (i) publishing an automated review on your Host Service indicating that a booking was cancelled, (ii) keeping the calendar for your Host Service unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
Note that transaction fees, both those of Stripe and those of Open Court Club are non-refundable.
In certain circumstances (including a violation of these Terms), Open Court Club may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. You agree that Open Court Club and the relevant Guest or Host will not have any liability for such cancellations or refunds.
Removal of User
Open Court Club has the right to remove any users from Open Court Club and terminate their right of use of the Services without any specific reason and without being liable for compensation. We will not tolerate inappropriate or harmful commentary nor will we tolerate users who abuse the Services to list Host Services promoting violence, hate, racism, indecency or any sort of sexual services.
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Open Court Club. As a user of the Services, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Open Court Club, including by inappropriately using any of Open Court Club’s intellectual property.
Entire Agreement and Enforceability
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Open Court Club regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Changes to These Terms
We are constantly trying to improve our Services, so these Terms may change from time to time. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to us the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the updated Terms.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.