Terms of Service

US CRICKET STORE

Terms of Service 

Effective Date: August 21, 2020

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Welcome, and thank you for your interest in US CRICKET STORE, (“US CRICKET STORE,” “we,” or “us”) and our website at www.uscricketstore.com (“Website”). These Terms of Use are a legally binding contract between you and US CRICKET STORE regarding the terms of service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY clicking on the accept button, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE US CRICKET STORE PRIVACY POLICY (TOGETHER, THE “Terms”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Website and our services.

These Terms provide that all disputes between you and US CRICKET STORE will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract,  except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section “Dispute Resolution and Arbitration” for the details regarding your agreement to arbitrate any disputes with US CRICKET STORE.

  1. US Cricket Store is a small business team; we provide services, we reserve the business under the business name US Cricket Store. A business that rents space to facilitate playing Cricket Game. 
  1. US Cricket Store website: The Website provides a platform with information about US Cricket Store and the services we offer. It allows you to search and find US Cricket Store locations, view photos and videos, sign-up for the US Cricket Store newsletter and receive other marketing information, reserve a place for, and fill out US Cricket Store waiver required to use the services of US Cricket Store.
  2. Eligibility. You must be at least 18 years of age to use the Website and to accept the terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from US Cricket Store; and (c) your registration and your use of the US Cricket Store services is in compliance with all applicable laws and regulations. If you are using the US Cricket Store on behalf of an entity, organization, or company, minor or group (collectively, ‘Participants’), you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that entity, organization, or company, minor or group (collectively, ‘Participants’)

ACCEPTANCE OF TERMS : Your use of the Site, tools, services, Content (as defined below) and/or products, including your rentals on the Site and any commercial communication between you and us (referred to collectively as the “Services”) is subject to these Terms.

BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THESE TERMS AND OUR PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

DISPUTE RESOLUTION AND ARBITRATION

  1. Generally. In the interest of resolving disputes between you and US Cricket Store in the most expedient and cost effective manner, you and US Cricket Store agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US Cricket Store ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  2. Exceptions. Despite the provisions of Section i, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and US Cricket Store will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting US Cricket Store.
  4. Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). US Cricket Store’s address for Notice is: 

US Cricket Store

121 Ranch Dr.

Milpitas. CA. 95035

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or US Cricket Store may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or US Cricket Store must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, US Cricket Store will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by US Cricket Store in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.

  1. Fees. If you commence arbitration in accordance with these Terms, US Cricket Store will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse US Cricket Store for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  2. No Class Actions. YOU AND US Cricket Store AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and US Cricket Store agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  3. Modifications to this Arbitration Provision. If US Cricket Store makes any future change to this arbitration provision, other than a change to US Cricket Store’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to US Cricket Store’s address for Notice, in which case your account with US Cricket Store will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  4. Enforceability. If this Section is found to be unenforceable, in that case, the parties agree that the exclusive jurisdiction and venue described in Following section will govern any action arising out of or related to these Terms.

Governing Law: These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and US Cricket Store agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Agreement terms: These terms of use govern your use of US Cricket Store service and website. 

Rental Limitations: when an order is placed, it a place to use the facility will be assigned to Renter. All rentals are made pursuant to our terms & conditions. 

Accuracy of Information: We attempt to ensure that information on the sites is complete, accurate and current despite our efforts; the information on the sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this site. For example: products included on the sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the sites. In addition, we may make changes in information about price and availability without notice  

Rental Period: we reserve the right to rent our bowling lanes as short as ______  to as long as ______ and further extension upon renters request.

Extension period: As renters/borrowers you will be responsible to extend/renew after completion of rental period. For additional time period Extension/renewal shall be notified ____ in advance before the due date. 

Notice: US Cricket Store may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to US Cricket Store. 

Subleasing Limitations: The bowling lanes rented by US Cricket Store cannot be subleased to any third party. Subleasing will lead to violation of US Cricket Store terms and policies.  

Payments, Refund and Cancellation Terms: All rental plan payments are final. Payments received will not be refunded upon your cancellation. However the refund will be made only if there is error from our end. I.e. Broken machine etc. 

REVISION OF TERMS AND CONDITION: These terms and conditions may be revised at any time and from time to time by updating this posting, you should visit this page from time to time to review the current terms and conditions because they are binding on you. Certain provisions of these Terms and conditions may be suppressed by legal notices or terms located on particular pages of the sites. 

TERMINATION: you or we may suspend or terminate your account or your use of the sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to charge, suspend or discontinue all or any aspect of the sites at any time without notice

LIMITATIONS OF LIABILITY: We assume no responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites, or you’re downloading of any information or materials from the Sites. IN NO EVENT WILL THE OPERATORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED, RENTED, OR OTHERWISE AVAILABLE ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES.

REVISION OF TERMS AND CONDITION: These terms and conditions may be revised at any time and from time to time by updating this posting, you should visit this page from time to time to review the current terms and conditions because they are binding on you. Certain provisions of these Terms and conditions may be suppressed by legal notices or terms located on particular pages of the sites. 

TERMINATION: you or we may suspend or terminate your account or your use of the sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to charge, suspend or discontinue all or any aspect of the sites at any time without notice.

WAIVER : Release of Liability and Indemnity Agreement

PLEASE READ AND SIGN THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

In consideration for and in connection with being permitted to participate in US Cricket Store and any and all related activities conducted by US Cricket Store , I ___________________(name) DOB: _____________________, living at ___________________                        ,hereby execute this Release of Liability and Indemnification Agreement (the ‘Agreement’) on behalf of myself and any children, relatives or dependents identified herein (collectively, ‘Participants’), and hereby agree as follows:

I and Participants understand and expressly agree that they may voluntarily participate in US Cricket Store rental service.  I and PARTICIPANTS VOLUNTARILY AGREE TO EXPRESSLY ASSUME ALL RISKS of INJURY OR DEATH that might be associated with participation in US Cricket Store rental services.

I and Participants understand and assume all the RISKS OF INJURY AND DEATH RELATED TO PARTICIPATION IN US Cricket Store ACTIVITIES. I and Participants expressly agree that in exchange for being permitted to participate in US Cricket Store Activities, I and Participants release US Cricket Store, its and their affiliates, representatives, owners, investors, members, managers, officers, directors, employees, instructors, outside trainers, independent coaches, agents, landowners, landlords, subsidiaries, franchisees, contractors, affiliated companies or entities, successors, heirs and assigns (collectively referred to in this Agreement, ‘US Cricket Store’) as well as the owners, sellers, manufacturers and installers of equipment comprising US Cricket Store, for any bodily injury or death and for any damage, loss or theft of any personal property which I and Participants may incur while on US Cricket Store’s premises.

DISCLAIMER: YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. WE ARE NOT RESPONSIBLE FOR YOU’s/ KIDS/CHILDREN’S SAFETY WHILE PLAYING IN THE US CRICKET STORE. WE DO NOT CONFIRM THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN THIS SITE

SUMMERY

We have personally read the company policies, terms and conditions. We abide by the company/ business rules and policies.

Date :

Parent 1

                  (Name, date & signature)

Parent2

                  (Name, date & signature)

Lanes Hire

At US Cricket Store, we offer additional services and facilities on top of our range of Cricket inventory.
Our center comprises of a six lane indoor facility with a playing surface and lighting of first class standard, following ICC Regulated guidelines. We also have bowling machines and other modern coaching equipment.

A privacy reminder from your company.

In accordance with the current EU data protection laws, please take a minute to reviwe the term & conditions for using our services. Our terms describe how we use data and the options available to you.