Terms and Conditions
Effective Date: Jul 3rd 2024
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 to StrikersCricZone
Welcome, and thank you for your interest in StrikersCricZone (“StrikersCricZone,” “we,” or “us”) and our website at www.strikerscriczone.com (“Website”). These Terms of Use are a legally binding contract between you and StrikersCricZone 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 STRIKERSCRICZONE 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.
Services Provided
StrikersCricZone is a platform that provides information about our cricket academy, training sessions, and other related services. It allows you to book training sessions, sign up for newsletters, and access other resources related to our services.
Eligibility
You must be at least 18 years of age to use the Website and to accept these Terms. By agreeing to these Terms, you represent and warrant to us that:
- You are at least 18 years of age.
- You have not previously been suspended or removed from StrikersCricZone.
- Your registration and use of the StrikersCricZone services comply with all applicable laws and regulations.
If you are using StrikersCricZone 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.
Acceptance of Terms
Your use of the Website, tools, services, content (as defined below), and/or products, including your rentals on the Website 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
Generally. In the interest of resolving disputes between you and StrikersCricZone in the most expedient and cost-effective manner, you and StrikersCricZone 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 and uses a neutral arbitrator instead of a judge or jury. 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 STRIKERSCRICZONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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:
- Bring an individual action in small claims court;
- Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
- Seek injunctive relief in a court of law; or
- File suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and StrikersCricZone 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 StrikersCricZone.
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”). StrikersCricZone’s address for Notice is:
StrikersCricZone
1453 N Milpitas Blvd,
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 StrikersCricZone may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or StrikersCricZone 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, StrikersCricZone 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 StrikersCricZone in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.
Fees. If you commence arbitration in accordance with these Terms, StrikersCricZone 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 StrikersCricZone 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.
No Class Actions. YOU AND STRIKERSCRICZONE 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 StrikersCricZone 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.
Modifications to this Arbitration Provision. If StrikersCricZone makes any future change to this arbitration provision, other than a change to StrikersCricZone’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to StrikersCricZone’s address for Notice, in which case your account with StrikersCricZone will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If this Section is found to be unenforceable, in that case, the parties agree that the exclusive jurisdiction and venue described in the Governing Law 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 StrikersCricZone 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.
Use of the Site and Services
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.
Accuracy of Information
We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website 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 site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the site. 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 [minimum time] to as long as [maximum time] and further extension upon the renter's request.
Extension Period
As renters/borrowers, you will be responsible for extending/renewing after the completion of the rental period. For an additional time period, the extension/renewal shall be notified [time] in advance before the due date.
Notice
StrikersCricZone may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to StrikersCricZone.
Subleasing Limitations
The bowling lanes rented by StrikersCricZone cannot be subleased to any third party. Subleasing will lead to a violation of StrikersCricZone's terms and policies.
Payments, Refund, and Cancellation Terms
All rental plan payments are final. Payments received will not be refunded upon your cancellation. However, a refund will be made only if there is an error from our end, such as a broken machine, etc.
Revision of Terms and Conditions
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 superseded by legal notices or terms located on particular pages of the site.
Termination
You or we may suspend or terminate your account or your use of the site 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 site 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 site, or your downloading of any information or materials from the site. IN NO EVENT WILL STRIKERSCRICZONE 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 SITE, 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 SITE, ANY WEBSITES LINKED TO THE SITE, 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 SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED, RENTED, OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, 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 SITE.
Revision of Terms and Conditions
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 superseded by legal notices or terms located on particular pages of the site.
Termination
You or we may suspend or terminate your account or your use of the site 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 site at any time without notice.