This Agreement is legally binding and enforceable in accordance with its terms. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force. You have the right to consult with legal counsel regarding this agreement and if you chose not to, you waive the right to do so. 

You are subject to immediate removal from Volair’s Ambassador Program without payout of your pending balance if you take any of the following actions:

– Using your coupon code for fraudulent orders in any way

– Personally purchasing items from our website using your coupon code in order to earn commission or to resell VOLAIR products without VOLAIR’s written consent

– Intentionally post tracking links or coupon codes on social media, “deal websites” (Groupon, Reddit, etc), or in any way that does not target the pickleball community

INTELLECTUAL PROPERTY NOTICE 

This website is owned and operated by VOLAIR LLC, a Texas company. Our principal place of business is located in Austin, Texas.

Volair LLC will not, nor will it permit others to, remove, alter, cover or obscure any confidentiality, trade secret, proprietary or copyright notices, trademarks, proprietary, Intellectual Property Rights or other identifying marks or designs from any component of the website. The website and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Volair. 

Volair reserves all rights in and to the website not expressly granted to you in this agreement. The name Volair and related logos and/or stylized names are trademarks of Onevinn. You agree not to display or use these trademarks in any manner without Volair´s prior, written permission. 

Disclaimers and Limitations on Liability THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. Volair does not warrant that (i) the website will meet your specific requirements; (ii) the website is fully compatible with any particular platform; (iii) your use of the website will be uninterrupted, timely, secure, or error- free; (iv) the results that may be obtained from the use of the website will be accurate or reliable;

Furthermore, you are not permitted to use any intellectual property or other identifying marks or designs in any manner, except as expressly permitted by the Company in these Terms. The website may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Volair.

CONFIDENTIALITY

​No information exchanged pursuant to this Agreement  or via the website shall be considered confidential to you unless explicitly stated otherwise.

YOUR COMMUNICATIONS

You acknowledge that the information or communication received by you (via website, phone, email,  blog, newsletter, etc.) will not be confidential and will not be privileged information and may be viewed or distributed via a third party. You agree that all communications via the above referenced mediums and any communication utilized by Volair’s servers will be owned by Volair and no credit or royalties will be given for such communication. Volair may publish any of the above mentioned communication without first obtaining approval from you. Volair shall be free to submit or publish such communication for business purposes without prior approval.  Nothing in this agreement shall limit Volair’s right to publish, disseminate or license others to publish or otherwise to disseminate the communication without your approval.

 SECURITY​ ​

You are responsible for maintaining the confidentiality of the username and password that you designate , and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Volair of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Volair will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature. You assume any and all risk or liability regarding security of payment details agree to fully indemnify us from any liability.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE WEBSITE AND THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY VOLAIR, RELATED TO THE USE OF THE WEBSITE.

DISCLAIMERS 

The information contained in this website is provided for informational purposes only. Any responses to enquiries or opinions expressed on this website are general observations and are not intended as specific advice to a particular situation. The material on this website may not reflect the most current developments. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional advice. Media posted on our social media channels and/or our website is intended for a general overview and discussion of the subjects dealt with. It is not intended to be, and should not be used as, for any other purpose. Volair will accept no responsibility for any actions taken or not taken on the basis of this publication. All videos, podcasts or any other media published by Volair remain our copyright and with a strict reservation of rights.

While Volair endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Volair. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Volair takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. If you find errors or omissions and would like to let us know, please email at [email protected].

WARRANTIES​ ​DISCLAIMER

​TO THE FULLEST EXTENT PERMITTED BY LAW, VOLAIR SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, AND EACH USER USES EACH OF THE FOREGOING AT USER’S SOLE RISK. VOLAIR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE REGARDING VOLAIR. WITHOUT LIMITING THE FOREGOING, VOLAIR MAKES NO WARRANTY THAT THE WEBSITE WILL OPERATE ON A SECURE OR ERROR-FREE BASIS, OR THAT VOLAIR WILL DETECT ALL THREATS, OR PRESERVE USER DATA.

 

AFFILIATES

The website may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

THIRD​ ​PARTY​ ​DISCLAIMER

Volair makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with the website. Furthermore, we are not liable for any actions of any users or participants on the website. 

TERMINATION

Volair retains the right to terminate this agreement immediately upon belief of your failure to comply with any of the terms or conditions contained herein. Upon such termination, Volair will terminate your use of the website and communication with Volair. Volair may, in its sole discretion, revoke access to any user at any time without notice.They also retain the right to block an IP address. 

CONSENT

The Terms and Conditions of Use and Privacy Policy of Volair is consented by your use of the website. 

Age Restriction

By using the website, you represent and warrant that 1) you are of age or older and you agree to be bound by the terms and conditions of this website and our privacy policies; 2) if you are underage, you have obtained verifiable consent from a parent or legal guardian; and 3) your use does not violate any applicable law or regulation. Your access to the website may be terminated at any time without notice if Volair believes, in its sole discretion, that you are underage and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian, you agree to be bound by the terms of conditions and privacy policies of this agreement in respect to your child’s use. 

Prohibited Content

You agree that you will not upload or use in connection with the Services any prohibited Content including, without limitation, Content that: (i) is pornographic, sexually explicit or offensive or contains a link to an adult website; (ii) contains graphic or gratuitous violence; (iii) conveys a message of hate against any individual or group; (iv) encourages or glorifies drug use; (v) is predatory in nature, or is submitted for the purpose of harassment or bullying; (vi) is highly repetitive and/or unwanted including “Spam” messages; (vii) promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (viii) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (ix) furthers or promotes criminal activity or provides instructional information about illegal activities; or (x) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any Person. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions including removing the offending Content without prior notice, terminating or suspending your Account or access to the Services and/or reporting such Content or activities to law enforcement authorities.

Dispute Resolution

In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

 ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. 

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

JURISDICTION 

The laws of the jurisdiction where the LLC filed its formation documents, specifically the state of Texas shall be applicable to this Agreement, with the exception of its conflict of law provisions.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.