Terms of Use

Terms and Conditions of Use

Please read these Terms and Conditions of Use (“Terms of Use”) carefully before using the https://swingitbig.com/ website (“Site”) operated by Trip to the Wild (“us”, “we”, or “our”). By using this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you disagree with these Terms of Use or any part of this agreement, then you are prohibited from using the Site and you must discontinue use immediately.

Acceptance of Terms

You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to the Site. This agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this agreement. These Terms of Use may be amended or changed at any time by the Site without any announcement or formal communication or notice to you.

License to Use the Site

Unless otherwise stated, the Site owns the intellectual property rights in the website, material, and content on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only (review download terms of use below), and print pages or posts from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

DOWNLOADS: ​You acknowledge and agree in relation to any downloads which are accessed on or via a Future Site (“Download”) that (i) you have a right of a license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to any applicable end user license agreement; (ii) you are not permitted to modify, copy, commercially exploit, re­sell or otherwise use a Download in any way which is contrary to applicable laws or regulations.

You must not:

– republish material from this website (including republication on another website, newspaper, magazine, any advertisement) without the Site’s express written consent

– sell, rent, or sub-license material from this website

– reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial or gainful purposes

– use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful activity

– use this site for any purposes related to marketing or sales without the Site’s express written consent

– use any “page-scraper”, “robot”, “spider”, “deep-link”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site

– engage in unauthorized framing of or linking to the Site

– copy or adapt the Site’s software, including but not limited to CSS, PHP, HTML, JavaScript, or other code

– engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

– take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site

If you have any difficulties in using the Site, or if you have any questions, do not hesitate to get in touch with us.

Restricted Access

The Site reserves the right to restrict access to (other) areas of this website, or indeed this entire website, at the Site discretion.

If the Site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Contributor Content . Content That Submit on the Site

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, review and ratings sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Site.

If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a comment box or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others, and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on our Site.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

In these Terms of Use, “Contributions” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

You grant the Site a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute Contributions in any existing or future media. You also grant the Site the right to sub-license these rights, and the right to bring an action for infringement of these rights.

The Contributions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Site, or a third party (in each case under any applicable law).

You must not submit any Contributions to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

The Contributions you submit must not be false, inaccurate, or misleading.

The Site reserves the right to edit or remove any material submitted to this website, or stored on the Site’s servers, or hosted or published upon this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, the Site does not warrant that:

– this website will be constantly available, or available at all

– the information on this website is complete, true, accurate or non-misleading

– the website is free of error and the servers are free of computer viruses or other harmful applications

Because we are unable to verify the information provided to us by third parties, we cannot guarantee that all the information on this Site are accurate and we do not give any warranty, condition, guarantee, or representation, express or implied, relating to information contained on this website or on any website to which it is linked.

The content found on the Site is provided to users for personal use to help choose tennis and pickleball equipment or to serve as a source of information and encouragement for active lifestyles, and cannot be consulted as a source of information by any individual or organization that is attempting to write, research, or answer questions for any online (or offline) encyclopedia, consumer reviews website, forum, or for background research to create content or articles for a website or other publication.

Liability

The Site relies on information provided by third parties and provides the website to you free of charge. Accordingly, the Site, any other party (whether or not involved in creating, producing, maintaining, or delivering this website), and any of the Site’s owners, managers, Affiliated Parties, employees, contributors exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, or loss or damages connected in any way to business interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of this website, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Site, or your downloading of any material from the Site or any websites linked to the Site.

Nothing in these Terms of Use shall exclude or limit the Site’s liability for (i) death or personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any liability which cannot be excluded or limited under applicable law.

If your use of material on the Site results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof. You assume all costs for telecommunications links and computer equipment necessary for you to access the Internet and view the Site.

Indemnification

You agree to indemnify, defend, and hold us and our partners, contributors, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use or use of the Site.

Third-Party Services

We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise including warranties of title, fitness for purpose, and merchantability or non-infringement. Under no circumstances we are liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Site.

Third-Party Merchant Policies

All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on such sites. We are not responsible for the information provided by you to Merchants. We and the Merchants are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Breaches of these Terms of Use

Without prejudice to the Site’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Site may take such action as the Site deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Entire Agreement

These Terms of Use constitute the entire agreement between you and the Site in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.