TERMS AND CONDITIONS

This Agreement was last revised on March 11^th, 2023.

I.                  INTRODUCTION

www.figureology.com (“Website”) owned and managed by FIGUREOLOGY (“we,” “us,” or “our”) welcomes you.  

By accessing our website, you agree to comply with the terms and conditions that govern our products. These terms and conditions may be updated at any time without prior notification, so we encourage you to review them carefully. Additionally, by using our website, you acknowledge that you have read, understood, and agreed to these terms, as well as our Privacy Policy, which is included as part of this agreement. If you do not agree to any of the terms stated, please refrain from using our website.

II.               DEFINITIONS

• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
• “Product” or “Item” refers to the product or goods available for sale on the website.
• “Service” or “Services” refers to the services available on the website (e.g. placing an order or writing a customer review)
• “User”, “You” and “your” refers to the person who is accessing or taking any service from us.
• “Customer” refers to the user who accesses the website and makes the payment for purchasing products available on the Website;
• “We”, “us”, “our” are references to FIGUREOLOGY;
• ”Website” shall mean and include "https://www.figureology.com, and any successor Website or any of our affiliates;
• "Customer Account” shall mean an electronic account opened for the customer for purchasing products offered on the website;

III.            INTERPRETATION

• The singular includes the plural and vice versa, and the term "includes" should be interpreted as "without limitation
• All genders are included in words that refer to a specific gender
• References to statutes, ordinances, or other laws also include all regulations, instruments, and any consolidations, amendments, re-enactments, or replacements currently in force.
• Headings, bold typeface, and italics (if used) are provided for ease of reference only and do not limit or affect the meaning or interpretation of the terms of this Agreement.

IV.           INTRODUCTION AND SCOPE

• Scope. These Terms apply to your use of the Website and Services. Third-Party Products or Services are governed by their own terms of service and are not covered by these Terms unless specified otherwise.

 

• Eligibility: To be eligible to use certain Services on the Website, you must be at least 16 years old and not suspended or removed from the system by us for any reason.

 

• Electronic Communication:By using this Website or sending electronic communications to us from your computer or mobile device, you agree to communicate with us electronically. You also agree to receive electronic communication from us in the same format, and you can keep copies of these communications for your records.

V.              SERVICES

Figureology.com is a one-stop-shop for high-quality pickleball paddles for kids of all skill levels, from beginners to professionals. Our team is dedicated to providing top-notch products that meet the needs of players at every stage of their game.

At Figureology.com, we understand the importance of having the right equipment to help you play your best. That's why we offer a wide selection of pickleball paddles that are designed with both performance and durability in mind. Whether you're just starting out or looking to take your game to the next level, we have the perfect paddle for you.

Our commitment to excellence extends beyond our products. We also pride ourselves on providing exceptional customer service and support. Our team is always available to answer any questions you may have about our products or your order.

VI.           MODIFICATIONS TO THE SERVICE

At our discretion, we reserve the right to modify, update, or change the terms and conditions. If any changes are made, a revised version of the terms will be posted on our website, and you will be notified of the modifications. Your continued use of the website after the changes have been posted will indicate your acceptance and agreement to the updated terms.

VII.        ACCOUNT

In order to access certain resources on the website, you may be required to provide specific information and create a user ID and password to establish an account.

By creating an account, you confirm that the information you provide is accurate and up-to-date. It is your responsibility to ensure the security of your usernames, passwords, and registration information, including unique account identifiers and billing information. You are solely responsible for any authorized or unauthorized use of your accounts, and if you become aware of any unauthorized activity or security breaches related to your accounts, you must notify us immediately. We reserve the right to suspend or terminate any of your usernames and passwords at any time, with or without notice, at our discretion. Please note that we may modify or change these account requirements and responsibilities at any time, and you will be notified of any updates or changes.

VIII.     ORDERING

• Our terms and conditions govern all purchases made on this website.
• You must provide accurate and truthful information when placing an order for a product on our website. Please double-check your details before placing an order.
• You will only be charged after you have selected a product, provided shipping information, and entered your payment details.
• Payment methods accepted are credit and debit cards for online purchases.
• Acceptance of any order for a product is subject to our approval.
• If you receive an order confirmation with an error, please contact us immediately at Info@figureology.com.
• Our Refund Policy applies to all refunds.
• Our back-office team is available to assist you with any issues or inquiries.
• Customer feedback is valuable to us, and we use it to continually improve our products.

IX.            GENERAL CONDITIONS

• The accuracy, completeness, validity, or timeliness of the information provided by us is not guaranteed.
• The website is licensed to you for limited, non-commercial, personal use in connection with the Service, subject to all terms and conditions of this Agreement. Any violation of this Agreement will result in immediate revocation of the license granted to you without notice.
• Written permission from www.figureology.com is required to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit any portion of this Site.
• We are not responsible for any printing errors on the site or final sales of products. The images displayed on the site may not reflect the exact appearance of the products due to color differences that may occur depending on monitor, photo quality, and resolution. We strive to accurately represent the products.
• Contact our back-office team for any inquiry or problem, and we will be happy to support you.

X.               GEOGRAPHIC RESTRICTION

We reserve the right to limit the use or availability of any service to any person, place, or jurisdiction at our discretion. We may exercise this right as needed and may also terminate any service at any time. Any offer to provide services on this website is invalid in locations where such activity is prohibited.

XI.            USER RESPONSIBILITIES

• You agree to use the Service and Website solely for lawful purposes and to comply with all applicable laws while using the Website;
• You agree not to use or access the Website for the purpose of collecting market research for any competing business;
• You agree not to misrepresent or impersonate any person or entity for any false or illegal purpose;
• You agree not to access the Website using any device, scraper, or automated means without obtaining permission;
• You agree to report any inappropriate or illegal content that you come across to us;
• You agree not to interfere with or attempt to disrupt the proper functioning of the Website through the use of viruses, devices, transmission mechanisms, software, or routines, or by accessing or attempting to access any data, files, or passwords associated with the Website through hacking, password or data mining, or any other means;
• You agree not to use a false email address, pretend to be someone else, or mislead www.figureology.com or third parties regarding the origin of any Submissions or Content;
• You warrant that your Submissions, in whole or in part, are free of any infringement of intellectual property rights, disputes, or third-party claims;
• You agree to notify us of any unsuitable content that you become aware of, and if you discover anything that violates any law, please inform us, and we will investigate it.

We have the sole and absolute discretion to deny your access to the Website or any service, or any part of the Website or service, without notice, and to remove any content.

XII.         EXCLUSION OF LIABILITY

The use of our products is at your own risk, and we are not responsible for any indirect damages that may arise from their use, such as late deliveries or damages to property. We are not responsible for any delays or errors that are beyond our control, such as labor disputes, fires, wars, government decisions, or supplier issues. By using our website, you acknowledge that we do not guarantee the accuracy, completeness, validity, or timeliness of the information provided by us or any third parties. It is your responsibility to exercise judgment and caution when evaluating any information or offers provided by us or any third party. We are not liable for any direct or indirect loss or damage, including data loss or financial loss, that may arise from your use of our website.

In no event shall FIGUREOLOGY, its Owner, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, usage, goodwill, or other intangible losses. This includes (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use, or alteration of your transmissions or content, regardless of whether it is based on guarantee, agreement, negligence, or any other legal theory, and whether or not we were aware of the possibility of such damages.

 

• TYPOGRAPHICAL ERRORS

While we strive to offer accurate information about our products and their prices on figureology.com, there may be instances where pricing or typographical errors occur. We cannot guarantee the price of an item until after you have placed an order. In the event that a product is listed with an incorrect price or with incorrect information due to a pricing or product information error, we reserve the right to refuse or cancel any orders placed for that item, at our sole discretion. If a product is mispriced, we may, at our discretion, either contact you with instructions or cancel your order and notify you of the cancellation.

XIV.     NO RESPONSIBILITY

We are not responsible to you for:

• any losses you suffer because the information you put into our website is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any unauthorized access or loss of personal information that is beyond our control.

XV.        THIRD-PARTY LINKS

The Website may include hyperlinks to third-party websites or External Sites for your convenience. However, these links should not be construed as an endorsement by us of the content on those External Sites. The content on these External Sites is created and maintained by third parties, and you should contact the site administrator for any External Sites. We are not responsible for the content provided on the External Sites linked from our website and make no representations regarding the accuracy or completeness of the information on those External Sites. When downloading files from these External Sites, exercise caution to safeguard your computer from viruses and other harmful programs. If you choose to access the linked External Sites, you do so at your own risk.

XVI.     PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XVII.  ERRORS, INACCURACIES, AND OMISSIONS

Although we have taken great care to ensure the accuracy and completeness of the information presented on this Website, we apologize for any errors or omissions that may have occurred. However, we cannot warrant or guarantee that the use of the Website will be suitable for your intended purpose, error-free, or timely, that any defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful components. We do not provide any express or implied warranties, including but not limited to warranties of fitness for a particular purpose or accuracy, and we do not guarantee the full functionality or reliability of the Website.

XVIII.                       LIMITATION OF LIABILITY

The Website and its services are provided "as is" and "as available," with no express or implied warranties. We cannot guarantee that the Website will be free of errors, viruses, malware, or other harmful features, or that its servers, content, or services will operate without interruption.

We explicitly disclaim all warranties, including but not limited to warranties of title, merchantability, non-infringement of third-party rights, and fitness for a particular purpose. We are not responsible for any incidental, consequential, or substantial damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Website or its content, even if we have been advised of the possibility of such damages.

The Website may contain technical inaccuracies, typographical errors, or omissions. Unless required by applicable laws, we are not responsible for any such errors. Additionally, the information on the Website about certain services may not be available in all locations. We reserve the right to make changes, corrections, or improvements to the Website at any time without notice.

XIX.     COPYRIGHT AND TRADEMARK

The Website provides Content, including software, text, graphics, images, designs, sound recordings, audiovisual works, and other materials that are protected by copyright, trademark, and other laws. Unauthorized use of the Content may result in violation of these laws. Your use of the Content is subject to the terms of this Agreement, and any use of the Content beyond what is allowed under this Agreement requires our prior written consent. If you copy the Content, you must retain all copyright and proprietary notices contained in the original Content. You are not authorized to transfer, license, sub-license, sell, or modify the Content, or use it for any public or commercial purpose, including reproducing, displaying, publicly performing, making derivative versions of, distributing, or otherwise using the Content in any way. Posting or using the Content on any other website or networked computer environment is strictly prohibited.

Violation of any part of this Agreement will result in the automatic termination of your permission to access and/or use the Content and the Website, and you must destroy any copies you have made of the Content. The trademarks, service marks, and logos displayed on the Website are owned by us, while other product and service names may be owned by third parties. The Trademarks may not be used without our prior written permission for each instance of use. The Content may not be retransmitted without our express, written consent for each instance.

XX.        INDEMNIFICATION

By accepting this Agreement, you agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, or demands, including reasonable legal and accounting fees, that result from your misuse of the Website or the Content, or your breach of this Agreement. We will promptly notify you of any such claim, suit, or proceeding and provide you with reasonable assistance at your expense in defending any such claim, suit, or proceeding. However, we reserve the right to take over, at your expense, the exclusive defense and control of any matter that is subject to indemnification under this section, and you must cooperate with us in defending such matter in any way we reasonably request.

XXI.     MISCELLANEOUS

SEVERABILITY

In the event that a provision of these Terms is deemed unenforceable or invalid, the Terms will still remain in full force and effect to the maximum extent possible by limiting or removing the unenforceable or invalid provision to the minimum extent necessary.

TERMINATION

The provision of Services to you is subject to cancellation or termination by us, and we reserve the right to terminate these Services with or without cause by providing written notice. Our termination of these Services will not incur any liability to you or any third party. Upon termination, cancellation, or expiration of these Terms, all of your Services subscriptions will also be terminated.

In the event of termination for any reason, you will not be entitled to any refunds or usage fees, and any outstanding fees owed to us will become immediately due and payable. We may also delete your archived data within 30 days. However, any provisions in the Terms that expressly provide for survival or are necessary to carry out the intent of the Terms will remain in effect, including indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the laws of India and the State of Illinois without giving effect to any principles of conflicts of law. The Courts of the State of Illinois shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We shall not be held liable to you, your users, or any third party for failure to fulfill our obligations under these Terms due to circumstances beyond our control, such as an act of war or terrorism, natural disaster, power outage, riot, civil unrest, or other force majeure event.

ARBITRATION

If a claim arises between you and www.figureology.com, except for claims for injunctive or other equitable relief, either party may opt for cost-effective resolution through binding non-appearance-based arbitration. The party initiating the arbitration must do so through an alternative dispute resolution (ADR) provider agreed upon by both parties. The ADR provider and parties must adhere to the following rules: (a) the arbitration may be conducted via telephone, online, and/or solely based on written submissions, at the discretion of the initiating party; (b) personal appearances by the parties or witnesses are not required unless mutually agreed upon, and (c) if an arbitrator issues an award, the party receiving the award may enter it as a judgment in any court with jurisdiction.

ASSIGNMENT

We reserve the right to transfer or assign this agreement to any third party, including our holding, subsidiaries, affiliates, associates, and group companies, without requiring the User's consent.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at Info@figureology.com.