Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Dink (“Dink,” “we,” “us,” or “our”) that governs your use of www.dinkusa.com (the “Site”) and your purchase of our pickleball paddles, balls, and accessories (the “Products”). Please read them carefully. They include an arbitration agreement and class action waiver (see “Dispute Resolution”) that affect your legal rights.

By placing an order, creating an account, checking a box that refers to these Terms, or otherwise using the Site, you agree to the Terms and to our Privacy Policy. If you do not agree, do not use the Site.

Eligibility and Your Account

You must be at least 18 years old, or use the Site with a parent or guardian, to place an order. If you create an account, you are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at team@dinkusa.com if you suspect unauthorized use. We may refuse or cancel orders and suspend or close accounts at our discretion, including for suspected fraud or violations of these Terms. We do not knowingly collect personal information from children under 13.

Orders, Pricing, and Payment

All orders are subject to acceptance and product availability. Prices are in U.S. dollars and may change without notice. We try to display prices and descriptions accurately, but errors happen; if we find an error in an order, we may correct it or cancel the order and refund you. Sales tax and shipping, where applicable, are shown at checkout. Our store is powered by Shopify, and orders and payments are processed by Shopify and its payment providers, whose terms also apply to your use of checkout. By submitting an order you authorize us, through Shopify, to charge your selected payment method.

Shipping and returns. Shipping times are estimates. Returns and refunds are governed by our returns policy posted on the

Product Use, Safety, and Assumption of Risk

Pickleball is a physical sport and involves a risk of injury. Use Products only as intended, inspect them before use, and stop using any damaged Product. To the extent allowed by law, you assume the risks of playing pickleball and using sports equipment. Nothing in these Terms limits any right you have under applicable consumer protection or product liability law that cannot be waived.

Acceptable Use

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair it. You also agree not to: scrape, crawl, or use bots or other automated means to collect data from the Site (except public search engines indexing the Site); bypass security or CAPTCHA controls; attempt to access areas or information not intended for you; or interfere with other users’ use of the Site.

Intellectual Property

The Site’s content, including text, graphics, logos, images, product descriptions, and software, is owned by Dink or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use under these Terms. You may not copy, modify, distribute, resell, or create derivative works from Site content, or remove any copyright or proprietary notices, without our written permission.

Reviews and Submissions

If you submit reviews, comments, feedback, or other content (“Submissions”), you keep ownership of them, but you grant Dink a non-exclusive, worldwide, royalty-free license to use, copy, display, reproduce, and distribute them in connection with operating and promoting the Site and our business. You represent that you have the rights to your Submissions and that they are lawful and not defamatory, infringing, or obscene. We may remove Submissions at our discretion.

Third-Party Services and Links

The Site may link to or use services provided by third parties (such as payment, shipping, analytics, and advertising providers). We do not control them and are not responsible for their content or practices. Our use of analytics and advertising technologies, and your choices about them, are described in our Privacy Policy. If you connect an account from a third-party service to your Dink account, you authorize the exchange of information described when you connect it.

Disclaimers

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, Dink disclaims all warranties of any kind for the Site, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will be uninterrupted or error-free. Products carry any manufacturer warranty that comes with them, and you may have statutory rights that cannot be disclaimed.

Limitation of Liability

To the fullest extent permitted by law, Dink and its owners, officers, employees, and suppliers are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or use, arising out of or related to the Site or the Products, and our total liability for any claim relating to the Site or the Products will not exceed the amount you paid us for the Product at issue in the 12 months before the claim arose, or $100 if you made no purchase. Some jurisdictions do not allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including for fraud or willful misconduct.

Indemnification

You agree to defend, indemnify, and hold harmless Dink and its owners, officers, employees, and agents from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your Submissions, or your violation of any law or third party’s rights, except to the extent prohibited by law.

Dispute Resolution: Informal Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your rights.

1. Informal resolution first

Before starting any arbitration or lawsuit, you and Dink agree to try to resolve the dispute informally. The party with the claim must send a written notice of dispute (“Notice”) that includes: the sender’s name and contact information, the email address used on the Site (if any), the facts of the dispute, the specific relief demanded and how it was calculated, and the sender’s signature. Send Notices to Dink by email to team@dinkusa.com with the subject “Notice of Dispute” and by mail to 5654 Geary Boulevard, San Francisco, CA 94121. We will send Notices to you at the email and mailing address in your account or order. If the dispute is not resolved within 45 days after the Notice is received, either party may begin arbitration. If you are represented by a lawyer, they must also provide your signed authorization for us to communicate with them.

2. Binding individual arbitration

Except for the exceptions below, you and Dink agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Products, our Privacy Policy, or our collection or use of information, whether based on contract, tort, statute, or otherwise, will be resolved only by final and binding arbitration on an individual basis, under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration is started (available at www.adr.org), before a single arbitrator. Arbitration fees and arbitrator compensation will be allocated under those rules, and Dink will pay all fees it is required to pay under them. The arbitration may be conducted by video or telephone or on written submissions, or in person in the county where you live or in San Francisco County, California. Each side bears its own attorneys’ fees unless applicable law or the AAA rules allow an award of fees. The arbitrator’s award is final and may be entered as a judgment in any court with jurisdiction. If the AAA is unavailable, the parties will agree on a comparable administrator, or a court will appoint one.

3. Who decides what

The arbitrator decides all issues about this section, including its scope, validity, and enforceability, except that a court decides whether the class action waiver below is enforceable.

4. Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) ask a court for temporary or preliminary injunctive relief to protect intellectual property rights or prevent irreparable harm while the arbitration is pending. Nothing here prevents you from filing a complaint with a government agency.

5. Class action waiver

You and Dink each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, including a private attorney general action. The arbitrator may not combine more than one person’s claims and may not preside over any class or representative proceeding. If this waiver is found unenforceable as to a claim or remedy, that claim or remedy must be brought in court, not arbitration, and the rest of this section still applies to the remaining claims.

6. Your right to opt out

You may opt out of arbitration within 30 days after you first accept these Terms by emailing team@dinkusa.com with the subject “Arbitration Opt-Out,” your name, and the email address used on the Site. Opting out does not affect any other part of these Terms.

7. Survival and severability

This section survives termination of these Terms. If any part of this section other than the class action waiver is found unenforceable, the rest remains in effect.

Governing Law and Venue

These Terms are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-law rules. For any dispute that is not subject to arbitration, you and Dink consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.

Termination

We may suspend or end your access to the Site at any time, including for violations of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on the Site with a new effective date, and for material changes we will provide additional notice, such as a banner or an email to account holders. Changes apply going forward from the effective date and do not apply to any dispute for which a Notice was sent before that date. Your continued use of the Site after the effective date means you accept the updated Terms.

General

These Terms and our Privacy Policy are the entire agreement between you and Dink about the Site and supersede earlier agreements on the same subject. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. No agency, partnership, or employment relationship is created by these Terms.

California users: Under California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact

Questions about these Terms? Email team@dinkusa.com or write to Dink, 5654 Geary Boulevard, 210083, San Francisco, CA 94121.