Terms and Conditions

Last Updated: June 22, 2025

1. AGREEMENT TO TERMS

This Terms and Conditions agreement (the “Agreement”) constitutes a legally binding contract made between you, whether personally or on behalf of an entity (“you”), and BADBOY TENNIS LLC (“we,” “us,” or “our”), concerning your access to and use of the www.badboytennis.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

The Site provides an online retail store offering apparel and accessories (“Products”), as well as informational content such as blog posts (“Content”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement. If you do not agree with all of these terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Your purchase of any Products through the Site is also governed by our separate Terms of Sale, Shipping Policy, and Return & Refund Policy. Your privacy is governed by our Privacy Policy and Cookie Policy. All of these policies are incorporated by reference into this Agreement.

2. ELIGIBILITY

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all its Content are our proprietary property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Our Content”), as well as the trademarks, service marks, and logos contained therein, including but not limited to "BADBOY TENNIS," the BBT monograms, and seal designs (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Our Content and Marks are provided on the Site “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in this Agreement, no part of the Site and no Our Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4. USER REPRESENTATIONS AND ACCOUNTS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with this Agreement; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; and (5) your use of the Site will not violate any applicable law or regulation.

If you create an account, you are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. USER-GENERATED CONTENT

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, publish, or distribute content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, or other material (collectively, "User-Generated Content").

By posting User-Generated Content to any part of the Site, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User-Generated Content for any purpose, commercial, advertising, or otherwise.

We do not assert any ownership over your User-Generated Content. You retain full ownership of all of your User-Generated Content and any intellectual property rights associated with it. We are not liable for any statements or representations in your User-Generated Content provided by you in any area on the Site.8 You are solely responsible for your User-Generated Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User-Generated Content.

6. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.

  • Use the Site to advertise or offer to sell goods and services not affiliated with BADBOY TENNIS LLC.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site.

  • Engage in unauthorized framing of or linking to the Site.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Use our support services improperly or submit false reports of abuse or misconduct.

  • 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.

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or Our Content for any revenue-generating endeavor or commercial enterprise.

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

7. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. For more details, please see our full DMCA Takedown Policy.

8. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

9. GOVERNING LAW

This Agreement and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

10. DISPUTE RESOLUTION: BINDING ARBITRATION

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party.

11. CLASS ACTION WAIVER

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12. DISCLAIMER OF WARRANTIES

THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.15 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCTS PURCHASED DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User-Generated Content; (2) use of the Site; (3) breach of this Agreement; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

15. MISCELLANEOUS

This Agreement and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

16. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

BADBOY TENNIS LLC

Email: hello@badboytennis.com

Address: 12 East 86th Street, New York, NY 10028