Effective Date: 01/01/2000 Last Updated: 04/20/2025

This Terms and Conditions agreement (this “Agreement”) is agreed to between BADBOY TENNIS LLC, a New York limited liability company (“BADBOY TENNIS LLC,” “we,” “us,” or “our”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “you,” “your,” or “yourself”).

The badboytennis.com site and other websites operated by BADBOY TENNIS LLC (collectively, the “Website”), which includes our online store and blog, and may be accessible through a mobile application, are produced and published by BADBOY TENNIS LLC, whose registered office is at 12 East 86th Street New York, NY 10028. The Website is hosted by Squarespace, 8 Clarkson St, New York, NY 10014, United States.  

The Website offers the ability for individuals to access certain information, data, blog posts, user comments, and other content (“Content”) and use certain interactive functionality and services, including an online catalog of products and prices, and blog commenting features (“Services”) available through the Website. This Agreement applies to your use of and access to the Website and the Content and Services available through the Website. The Website is not intended for minors.  

PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE WEBSITE OR ANY CONTENT OR SERVICES (INCLUDING POSTING COMMENTS ON THE BLOG), OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, BADBOY TENNIS LLC IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSIBLE THROUGH THE WEBSITE AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR ANY CONTENT OR SERVICES.  

Unless you later enter into any other agreements with BADBOY TENNIS LLC regarding the Website or any Content or Services (including separate Terms of Sale for product purchases), this Agreement is the complete and exclusive agreement between you and BADBOY TENNIS LLC regarding your access to and use of the platform and all Content and Services. This Agreement supersedes any prior agreement or other communications between you and BADBOY TENNIS LLC relating to your use of and access to the Website and any Content or Services.  

1. DEFINITIONS. Terms used in this Agreement have the definitions given in this Agreement or, if not defined, have their plain English meaning as commonly interpreted in the United States.  

2. TERM. This Agreement is entered into as of the earlier of the date you first access or use the Website or any Content or Services and will continue until terminated as set forth herein.  

3. ELIGIBILITY. You must be 18 years or older to access or use the Website or any Content, or Services. By accessing or using the Website or any Content or Services, you represent that you are at least 18 years old and have the legal capacity to enter into this Agreement. The Website is intended for users who can form legally binding contracts under applicable law.  

4. MODIFICATIONS. BADBOY TENNIS LLC reserves the right, at any time, to modify the Website or any Content or Services, with or without notice to you. BADBOY TENNIS LLC also reserves the right, at any time, to modify this Agreement. BADBOY TENNIS LLC will inform you of any changes to this Agreement by posting the revised Agreement on the Website or by providing you with notice through the Website (such as a banner notice). Any modifications will be effective immediately upon posting or delivery of such notice. Your continued use of the Website or any Content or Services after the effective date of the modifications constitutes your acceptance of the modified Agreement. You may terminate this Agreement as set forth below if you object to any modifications.  

5. ORDERS AND TERMS OF SALE. The Website displays an online catalog of products and prices. You may place orders seeking to purchase products (“Products”) through the Website (an “Order”). All Orders are subject to acceptance by BADBOY TENNIS LLC in its sole discretion. Your purchase of any Products is governed by our separate Terms of Sale [Consider Linking to Terms of Sale if possible, or state they are presented at checkout], which you must agree to during the checkout process. The Terms of Sale cover important details like pricing, payment, shipping, returns, refunds, and specific product warranties (if any). By placing an Order, you agree to the Terms of Sale for that Order. If this Agreement conflicts with the Terms of Sale for any Order, the Terms of Sale will control regarding the Products in that Order. Risk of loss and title for Products pass to you upon our delivery to the carrier. We reserve the right to refuse or cancel Orders, including those for Products listed with incorrect price or information, even after confirmation or credit card charge; if charged, we will issue a credit.

6. ACCOUNT. 6.1. Users: Access to some Content (like Browse the store or reading the blog) may not require an account. However, features like making purchases or potentially posting comments [Adjust if comments don't require login] may require you to establish a user account (“Account”). Account approval is at our discretion. If you represent an organization, you may authorize designated individuals as Users of your Account. If you are an individual, you are the sole User. Account IDs (username/password) are personal and non-transferable. 6.2. Registration Information: You agree to provide accurate, current, and complete information when creating your Account and to update it promptly. You may not impersonate others or use their information. 6.3. Responsibilities: You are solely responsible for all activities under your Account (authorized or not), including Orders placed and comments posted. You must keep your Account ID confidential and notify us immediately of any compromise. We may deem any actions taken via your Account as authorized by you. You are responsible for ensuring any Users under your organizational account comply with this Agreement.

7. ACCESS. 7.1. To the Website and Services: Subject to your compliance, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Website and Services for your personal, non-commercial purposes, according to this Agreement. 7.2. To Content: Unless otherwise noted, all Content (text, images, graphics, blog posts, etc.) is owned by BADBOY TENNIS LLC or its licensors. Content is provided for informational purposes only. You are responsible for verifying its accuracy and applicability. You may access Content solely for personal, non-commercial use in connection with the Website/Services. You will not (and won't permit others to): (a) alter, reproduce, or create derivative works of Content; (b) distribute, sell, license, or transfer Content; (c) remove copyright or trademark notices. We are not responsible for errors or omissions in Content and make no guarantees about its accuracy, suitability, or quality. Except as expressly stated, no other rights are granted in the Content or related IPR. 7.3. To User-Generated Content (Blog Comments): [Include/modify this section if you have blog comments] (a) Your Responsibility: You are solely responsible for any comments or other content you post on the blog ("User Content"). You represent and warrant that you own or have the necessary rights to post your User Content and that it does not violate any applicable laws, infringe any third-party rights (including intellectual property or privacy rights), or breach any provision of this Agreement (including the restrictions in Section 10). (b) License Grant: By posting User Content, you grant BADBOY TENNIS LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify (for formatting/technical purposes), adapt, publish, translate, distribute, and display such User Content on the Website and in connection with promoting the Website or our services. You retain ownership of your User Content. (c) No Obligation to Monitor/Moderate: We have the right, but not the obligation, to monitor, screen, edit, or remove any User Content at our sole discretion, especially if it violates this Agreement. We are not responsible for any User Content posted by you or other users. (d) Public Nature: You acknowledge that User Content you post is public and may be viewed by others. Do not post Personal Information you do not want to be publicly available. 7.4. Third-Party Services: The Website may link to or integrate with third-party services (e.g., payment processors). Your use of these is subject to their terms and privacy policies, in addition to this Agreement. We are not responsible for third-party services.

8. TERMINATION. You may stop using the Website anytime. To terminate this Agreement and disable your Account, contact us as indicated on the Website. We may terminate this Agreement and/or your access to the Website, Account, Content, or Services at any time, for any reason, in our sole discretion, with or without notice. Upon termination: (1) your rights under this Agreement end; (2) you must cease all use of the Website/Services/Content; (3) you must delete any Content obtained; (4) we may disable your Account and delete your User Content. We may choose to fulfill or cancel pending Orders upon termination. Sections surviving termination are listed in the original draft.

9. SUSPENSION. We may suspend your access to your Account, the Website, Content, or Services, with or without notice, if we suspect a breach of this Agreement or applicable law, or upon conduct we deem harmful or inappropriate.

10. WEBSITE TECHNOLOGY AND RESTRICTIONS. The Website and underlying Technology are valuable trade secrets of BADBOY TENNIS LLC. You will not (and will not permit others to): (1) access the Technology except as permitted; (2) use the Technology unlawfully or harmfully; (3) use automated scripts (scrapers, bots) to interact with or collect information from the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, lease, or transfer rights to the Technology; (6) reverse engineer, decompile, or attempt to derive the Technology's operation; (7) circumvent security measures; (8) monitor Technology performance; (9) interfere with operation/hosting; (10) introduce malicious code; (11) transmit spam or unauthorized promotions; (12) post illegal, harmful, defamatory, obscene, or objectionable content (including in blog comments); (13) probe or test vulnerability without authorization; (14) impersonate others; (15) access unauthorized data/accounts; or (16) violate export control laws.

11. OWNERSHIP. The Technology and all related IPR are the exclusive property of BADBOY TENNIS LLC and its licensors. You receive no ownership interest, only the limited access rights granted in this Agreement.

12. BADBOY TENNIS LLC MARKS. The BADBOY TENNIS LLC name, logo, and other marks displayed are trademarks of BADBOY TENNIS LLC or its licensors. No license to use these marks is granted. Unauthorized use is prohibited.

13. REPRESENTATIONS AND WARRANTIES. 13.1. Mutual: Each party warrants it has the authority to enter into this Agreement and it forms a binding obligation. 13.2. Compliance with Laws: You warrant your use of the Website/Content/Services will comply with all applicable laws and not cause us or third parties to violate laws. We are not responsible for ensuring your compliance. 13.3. No Warranties; Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THE SEPARATE TERMS OF SALE FOR SPECIFIC PRODUCTS, ALL PRODUCTS, THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BADBOY TENNIS LLC AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY CONTENT (INCLUDING USER CONTENT) OR RESULTS OBTAINED THROUGH THE WEBSITE. USE OF THE WEBSITE AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

14. INDEMNITY. You agree to indemnify, defend, and hold harmless BADBOY TENNIS LLC and its officers, directors, affiliates, employees, agents, service providers, etc. ("Indemnified Parties") from all claims, losses, damages, fees, and costs (including attorneys' fees) arising from: (1) your access/use of the Website/Content/Services; (2) your User Content; (3) your violation of applicable laws; or (4) your breach of this Agreement. We will notify you of such claims and have the right to participate in the defense at our expense.

15. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, BADBOY TENNIS LLC AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, CONTENT, SERVICES, OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, ETC.), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY YOU FOR ORDERS IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS ARE A FUNDAMENTAL PART OF THE BARGAIN. IN JURISDICTIONS WHERE THESE LIMITATIONS ARE NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. DATA PRIVACY. Your use of the Website is subject to our Privacy Policy, which is incorporated by reference into this Agreement. You consent to the collection, use, and disclosure of your information as described in the Privacy Policy. Notwithstanding the Privacy Policy, we may collect and use aggregated, anonymized, non-personally identifiable data derived from your use of the Website/Services for any lawful business purpose.

17. FEEDBACK. Any feedback or suggestions you provide regarding the Website/Content/Services (“Feedback”) becomes our property. We may use Feedback without restriction or compensation to you. Feedback is considered non-confidential.

18. DISPUTES, GOVERNING LAW, AND VENUE. THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF OR RELATED TO IT OR THE WEBSITE/SERVICES/CONTENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR THE RESOLUTION OF ANY DISPUTES. YOU WAIVE ANY OBJECTIONS TO JURISDICTION AND VENUE IN SUCH COURTS. If any provision is found invalid, the remaining provisions remain in effect. No waiver of any term is a continuing waiver. TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION ARISING FROM THIS AGREEMENT OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE IT IS PERMANENTLY BARRED.

19. NOTICES. Notices to us must be sent by postal mail to the address listed on the Website hello@badboytennis.com or on Website Contact Page, BADBOY TENNIS LLC, 12 East 86th Street New York, NY 10028. We may provide notices to you via email to the address associated with your Account or by posting notices on the Website. Email notices are deemed given 24 hours after sending (unless returned as undeliverable); posted notices are effective immediately.

20. INTERNATIONAL ACCESS. The Website may be accessed from outside the U.S. We make no representation that Products or Content are appropriate or available for use in other locations. Accessing the Website from territories where its content is illegal is prohibited. If you access the Website from outside the U.S., you are responsible for compliance with local laws.  

21. LINKED WEBSITES. We are not responsible for the content or practices of third-party websites linked from our Website. Access third-party sites at your own risk. You may link to our Website provided the link does not imply sponsorship and does not use our Content or marks without permission. Framing our Website is prohibited without prior written consent.

22. ADDITIONAL TERMS. This Agreement (along with the incorporated Privacy Policy and separate Terms of Sale) constitutes the entire agreement between you and BADBOY TENNIS LLC regarding the Website, Content, and Services, superseding prior agreements. Amendments must be in writing signed by both parties (except for modifications we make per Section 4). Our failure to enforce any provision is not a waiver. If a provision is unenforceable, it will be modified to approximate the original intent as permitted by law, and remaining provisions stay in effect. The prevailing party in any legal proceeding is entitled to recover reasonable costs and attorneys' fees. You may not assign this Agreement without our prior written consent; we may assign it freely. The parties are independent contractors. "Including" means "including, without limitation."

23. IMPORTANT NOTICE TO NEW JERSEY CONSUMERS. If you are a consumer residing in New Jersey, certain provisions of this Agreement may not apply to you or may be limited to the extent unenforceable under New Jersey law, including certain limitations on liability (Section 15), warranty disclaimers (Section 13.3), indemnification obligations (Section 14), and dispute resolution provisions (Section 18). Your rights under New Jersey law are not limited beyond what is permitted by that law.

CONTACT US. If you have any questions about these Terms and Conditions, please contact us:

• Email: hello@badboytennis.com