USTA TERMS OF USE

Last revised: April 9, 2024

 

Our Contact Information

United States Tennis Association Incorporated Address: Attn:  

Customer Care, 2500 Westchester Avenue, Suite 411 Purchase, NY 10577

 

Phone Number: (1-800-990-8782)

Email Address: customercare@usta.com

 

Welcome to www.usta.com. This site is owned by United States Tennis Association Incorporated (the "USTA") and is operated by and on behalf of the USTA and its affiliated companies, including USTA National Tennis Center Incorporated, USTA Foundation Incorporated, and USTA Player Development Incorporated (collectively, the “USTA Family of Companies”, “we”, “us” or “our”). These terms of Use apply to all USTA properties including but not limited to:


https://playtennis.usta.com

https://tennislink.usta.com
https://netgeneration.usta.com
https://servingsuccess.usta.com
https://tournamentdesk.usta.com/login
https://servecontrol.usta.com/login
https://highschools.usta.com

https://ntc.usta.com

https://www.playerdevelopment.usta.com

https://hello.usta.com

https://ustaconnect.usta.com

https://careers.usta.com
https://t.email.usta.com/lp/ustaCTAP

https://www.ustanationalcampus.com, and

https://www.ustafoundation.com

 

These Terms of Use also apply to the USTA’s digital platforms, including this and other USTA websites, mobile apps, tablet apps and other online content offerings (collectively the “USTA site.”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE USTA SITE. THESE TERMS OF USE CONTAIN DISPUTE RESOLUTION PROVISIONS, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

 

By using the USTA site, you signify your agreement to these Terms of Use and acknowledgement of our Privacy Policy, which is incorporated in these Terms of Use by reference. Click here to review our Privacy Policy. If you do not agree to these Terms of Use, please do not use the USTA site. 

 

We reserve the right, at our discretion and without liability, to change, add, remove, discontinue, or otherwise modify portions of these Terms of Use at any time with or without notice. 

 

Please check these Terms of Use periodically for changes. Your continued use of the USTA site following the posting of changes to these Terms of Use means you accept those changes.

 

OWNERSHIP

All content included on the USTA site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of the USTA Family of Companies or its content suppliers or licensors and is protected by the laws of the United States and other countries and international treaties. The compilation of all content of the USTA site is the property of the USTA Family of Companies and is protected by the laws of the United States and other countries and international treaties. Our inclusion of such content on the USTA site does not constitute a waiver of right(s) in such content and you are not granted any ownership rights of content included on the USTA site. US Open, TennisLink, USTA, and other marks indicated on the site are registered trademarks of the USTA Family of Companies in the United States. All other trademarks that are not owned by the USTA Family of Companies that appear on the USTA site are the property of their respective owners, which may or may not be affiliated with or connected to the USTA Family of Companies.

 

LICENSE AND SITE USE

Except as set forth in these Terms of Use and unless you have entered into a separate agreement with us expressly permitting such action, you shall not use, copy, distribute, disclose, trade, sell, rent, loan, republish, reproduce, modify, or download any content on the USTA site by any means.

 

The USTA Family of Companies grant you a limited license to access and make personal, non-commercial use of the USTA site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the USTA site (for personal, non-competitive and non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the USTA site without our express written consent. You may not redistribute, sell, monetize, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the USTA site hereunder, except as may be permitted by law. Except only as expressly provided herein, the USTA site (or any derivative work version of it), its contents (including, without limitation rankings, tournament scores and standings) and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial or competitive purpose without our prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

 

You shall not use the USTA site in a manner that (i) violates any laws, rules, regulations, or these Terms of Use, (ii) impacts another party’s use and enjoyment of the USTA site, (iii) results in the scraping or copying of information, data, or content, or (iv) circumvents or overrides security features. You shall not disable, damage, disrupt, or interfere with the USTA site in any way and through any means, including but not limited to spam, algorithms, automated systems, software, scripts, viruses, worms, Trojan horses, devices, robots or data extraction mechanisms. You shall not use the USTA site for any competitive purpose. You are wholly liable and responsible for any loss or damage caused by or resulting from your unauthorized conduct under these Terms of Use. We are not liable and have no responsibility to you or to any third party for any loss or damage caused by, arising out of, or resulting from your unauthorized conduct under these Terms of Use. 

 

USTA reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or its use or of the law, and USTA may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. If any unauthorized person obtains access to the Site or the content or services offered therein as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify customercare@usta.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. If you commit or cause such violations, we may suspend or terminate your access to the Services for any or no reason at any time without notice.

 

REGISTRATION DATA

In order to access some of the services, applications, programs or sweepstakes offered by the USTA Family of Companies, you may be required to register and/or provide personal information, such as name, email, telephone number and birthdate (“Registration Data”).  Although information may be required to participate in certain activities or promotions, participants provide that information voluntarily. The USTA Family of Companies adheres to strict data management protocols. Those protocols vary based on the category of participation with the USTA Family of Companies.

 

By registering, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree the USTA Family of Companies shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure to receive critical information about the USTA site or any mobile service or your account. You further agree the USTA Family of Companies is authorized to verify such Registration Data.  The information we obtain through your use of the USTA site, mobile site or any USTA Family of Companies or US Open app is subject to our Privacy Policy. Every subsequent USTA Family of Companies email communication will carry a simple opt-out or unsubscribe link at the bottom of the email. Any suspected abuse of your Registration Data should be reported to the USTA Family of Companies at the contact listed below for copyright infringement. 

 

You acknowledge and agree that the USTA Family of Companies, in management of certain programs, sweepstakes, or promotions (“USTA Programs”), may share your information with USTA Sections, Districts or States, affiliated businesses, tennis industry partners and organizations, sweepstakes partners, USTA Sponsors or third parties engaged directly by us to enable you to use and gain access to the USTA site or USTA Programs  (for example, US League organizers or technology providers) (a “Permitted Third Party” and collectively, “Permitted Third Parties”). Your registration constitutes permission for the USTA Family of Companies and Permitted Third Parties to contact you for transactional, promotional and/or marketing purposes.  Your relationship with each Permitted Third Party is independent of the USTA Family of Companies and subject to that Permitted Third Party’s terms of use and/or privacy policy. By registering, you acknowledge and agree that the USTA Family of Companies does not and cannot control the actions of any Permitted Third Party, and you further agree to release and hold harmless the USTA Family of Companies from any and all liability, injury, loss or damage of any kind that may arise from or out of your interaction with such Permitted Third Party.

 

YOUR ACCOUNT

If you use the USTA site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and IDs that may be required to use the USTA site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You shall not, and shall not attempt to (i) falsify or misrepresent your identity or any Account Information, (ii) create an account for another person, (iii) access, use, or interfere with an account other than your own. You are entirely responsible for all activity occurring under your Account Information, regardless of whether such activity is caused by you or by a third party using your Account Information, even if you have not sanctioned such third party use. The USTA Family of Companies reserve the right in their sole discretion to refuse access to the USTA site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the USTA site.

 

If you suspect there has been or will be unauthorized use under your account, you shall immediately (i) change your password and (ii) notify us.

 

MERCHANDISE DISPLAY; AVAILABILITY

While we provide links to websites that sell products and services on the Site, we do not sell products or Services directly on the Site. If you click on links to products or Services on the Site, you will be redirected to other websites, some of which we or our affiliates operate and some of which are operated by third parties. See Section titled “Content Linked to Any Site” below for discussion of links and embedding. If we feature merchandise or services, we make reasonable efforts to display merchandise on the USTA site as accurately as possible. Sometimes, however, factors including the display and color capabilities of your computer monitor, may significantly affect what you see on your screen. We are not responsible for the display of any color or detail of merchandise on your computer screen and do not guarantee that that such display is accurate. In addition, some featured merchandise may be available only in limited quantities or only while supplies last. Although we will attempt to remove any items that are out of stock from the USTA site in a timely manner, display of an item on the USTA site is not a guarantee that the item is currently available or that it will be available on a later date.

 

SUBMISSIONS

Any information or materials you transmit, upload or otherwise submit to any USTA site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to the USTA Family of Companies via the USTA site,  through any social media page, app or other means of transmission or delivery, shall be collectively referred to as "Submissions." If you transmit or otherwise deliver Submissions to the USTA Family of Companies, you grant the USTA Family of Companies a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to exploit, use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to the USTA Family of Companies that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to the USTA Family of Companies, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of the USTA Family of Companies and that the USTA Family of Companies shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the USTA Family of Companies shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You agree that no Submission made by you will contain libelous, abusive, obscene or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any Submission made by you.

 

FORUMS AND PUBLIC COMMUNICATION 

"Forum" means a chat area, message board, social media site, app, email function or other function which allows you to transmit or submit material to a USTA site for display, storage or distribution, offered as part of any USTA site or by an affiliated company/organization and/or service provider of the USTA Family of Companies. Where the Forum is provided on a site other than a USTA site, you will be bound by the terms of service and privacy policy of the site you have linked to. If you participate in any Forum within a USTA site, you must not, and agree that you will not, through the use of any Submission or otherwise:

  • defame, abuse, harass or threaten others;

  • make any bigoted, hateful or racially offensive statements;

  • advocate illegal activity or discuss illegal activities with the intent to commit them;

  • post or distribute any material that infringes and/or violates any right of a third party or any law (including, but not limited to, any intellectual property and proprietary rights);

  • post or distribute any vulgar, obscene, discourteous or indecent language or images;

  • advertise or sell to, or solicit, others;

  • use the Forum for commercial or competitive purposes of any kind;

  • imply or state that you are affiliated with or endorsed by the USTA Family of Companies without our express consent (e.g., representing yourself as a “USTA coach”);

  • post or distribute any software or other materials which contain a virus, worm, or other harmful component;

  • “frame”, “mirror” or engage in any other deceptive conduct; or

  • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

In addition, you must not, and agree that you will not, use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.

 

The USTA Family of Companies reserve the right to remove or edit content from any Forum at any time and for any reason but does not regularly review posted Submissions.

 

Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.

 

When participating in a Forum, never assume that people are whom they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and we are not responsible for the content or accuracy of any information.

 

CONTENT LINKED TO ANY USTA SITE

Please exercise discretion while browsing the Internet using any USTA site. You should be aware that while you are on a USTA site, you could be directed to other sites that are beyond our control. There are links to other sites from USTA site pages that take you outside of our service. This includes links from USTA Sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. The USTA Family of Companies reserve the right to disable links from third party sites to any USTA site. We make no representations concerning the content of sites linked to any USTA site or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a USTA site. If you have any concerns regarding any external link, you should contact the link’s administrator or website.

 

DISCLAIMER

THE MATERIALS IN THIS USTA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE USTA FAMILY OF COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USTA FAMILY OF COMPANIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY USTA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY USTA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USTA FAMILY OF COMPANIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY USTA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any USTA site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any USTA site or third party content on our sites. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

CREDIT CARDS

We may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services and financial institutions pursuant to transactions with the USTA Family of Companies. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy.

 

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.

 

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold the USTA Family of Companies, the USTA Family of Companies’ subsidiaries and other affiliated companies/organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of (i) any breach of any of your representations or misuse of this USTA site or any other USTA site or of any site linking to this or any other USTA site and (ii) if any content you publish, post, or otherwise display on the USTA site results in our liability to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. This Indemnification section shall survive termination of these Terms of Use.  

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE USTA FAMILY OF COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY USTA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE USTA FAMILY OF COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.

 

IN NO EVENT SHALL THE USTA FAMILY OF COMPANIES BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WRITTEN NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO THE USTA FAMILY OF COMPANIES WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.  

 

THIS LIMITATION OF LIABILITY SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.  

 

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any USTA site are presented solely for the purpose of promoting tennis, tennis equipment, tennis instruction and tennis tournaments and other products and services available in the United States and its territories, possessions and protectorates. The USTA Family of Companies make no representation that materials on any USTA site are appropriate or available for use in any particular location. Those who choose to access a USTA site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

TERMINATION

Unless otherwise specified, these Terms of Use are effective until terminated by either party. Your access to any and all USTA sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the USTA site and destroy all materials obtained from such USTA site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all USTA sites. Upon such termination, you must destroy all materials obtained from any and all such USTA sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

 

Notification must be submitted to the following Designated Agent:

 

United States Tennis Association

Attention: Legal Dept.

2500 Westchester Avenue, Suite 411, Purchase, NY 10577

(914) 696-7000

 

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES BETWEEN YOU AND THE USTA FAMILY OF COMPANIES THROUGH INDIVIDUAL ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

You acknowledge and agree that any violation of these Terms of Use relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the USTA site and/or its associated services and/or offerings may result in irreparable injury and damage to the USTA Family of Companies that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. You, therefore, consent and agree that the USTA Family of Companies may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Use. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.

 

This Dispute Resolution section will survive termination of these Terms of Use.

 

Arbitration Agreement 

  • Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms of Use, your use of the USTA site, the Privacy Policy, or your relationship with the USTA Family of Companies or any past, present, or future claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed. Dispute shall include, but not be limited to: (i) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms of Use; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute. These Terms of Use and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect rights or property pending the completion of arbitration. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq and federal arbitration law, not state arbitration law.

  • Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (i) information sufficient to identify any transaction or activity at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice via email to customercare@usta.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you along with our representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.

  • Arbitration Procedures. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms of Use, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com or by contacting NAM. If NAM is unable or unwilling to administer the arbitration consistent with these Terms of Use, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so. The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this arbitration agreement. You may obtain a form to initiate arbitration at https://www.namadr.com or by contacting NAM. If you are initiating arbitration, you shall serve the demand on us via email at customercare@usta.com. If we are initiating arbitration, we shall serve the arbitration demand at the most recent contact information we have on file for you. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You along with our representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

  • Costs of Arbitration. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we therefore agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

  • Additional Procedures for Mass Filings. You and we agree that these Additional Procedures for Mass Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Filing. If 25 or more similar Disputes (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resources. If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

    • STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for us shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and we shall pay the mediator’s fee.

    • STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for us shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be changed by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and we shall pay the mediator’s fee.

    • Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be immediately opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Use. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations.

    • You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Additional Procedures for Mass Filings has been reasonably designed to result in an efficient and fair adjudication of Disputes.

    • The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Use.

  • Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to: customercare@usta.com within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the USTA Family of Companies in accordance with this version of the arbitration agreement.

Class Action Waiver and Jury Trial Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND WE RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.

 

Governing Law and Jurisdiction

These Terms of Use and your use of the USTA site shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. By using the USTA site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms of Use in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within New York County, New York (the “Forum”) and the parties hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Jurisdiction section will survive any termination of these Terms of Use.

 

Notice to California Consumers

Under California Civil Code Section 1789.3, California users of the USTA site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

Miscellaneous

Unless otherwise specified, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Use, and your use of the USTA site after such amendment is posted will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be given any legal import. Except as otherwise specifically provided herein (e.g., the Additional Procedures for Mass Filings), if any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.