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Terms & Conditions

Effective Date: September 9, 2024

These Terms of Use (“Terms”) govern your access to and use of alienheadsports.com and any related webpages, online stores, customer portals, ambassador portals, content, features, and services operated by Alienhead LLC, doing business as AlienHead Sports (“AlienHead Sports,” “we,” “us,” or “our”).

By accessing our website, creating an account, submitting information, or purchasing a product, you agree to these Terms. If you do not agree, you must not use the website.

 

1. Eligibility

You must be at least 18 years old or the age of legal majority where you live to make a purchase, create an account, or enter into an agreement through the website.

If you allow a minor to use the website, you are responsible for the minor’s activity and compliance with these Terms.

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2. Changes to These Terms

We may revise these Terms periodically. Updated Terms will be posted on this page with a revised effective date.

Changes apply prospectively from the date they are posted unless applicable law requires otherwise. Your continued use of the website after updated Terms become effective constitutes acceptance of those changes.

 

3. Website Information

We strive to provide accurate and current product descriptions, specifications, photographs, pricing, availability, shipping estimates, and other information. However, typographical errors, inaccuracies, omissions, or technical errors may occur.

Product colors and appearance may vary depending on lighting, photography, manufacturing variations, and the display settings of your device. Illustrations, prototypes, renderings, and pre-production images may differ from the final product.

We reserve the right to correct errors, update information, change product specifications, or cancel an affected order when reasonably necessary. If we cancel a paid order, we will refund the amount paid for the canceled item.

 

4. Product Use and Assumption of Risk

AlienHead Sports products are intended for lawful recreational or competitive sporting use.

Pickleball and other athletic activities involve inherent risks, including falls, collisions, overexertion, impact injuries, equipment damage, and injury to participants or bystanders. You are responsible for:

  • Using products properly and only for their intended purpose;

  • Inspecting equipment before each use;

  • Discontinuing use if a product appears cracked, loose, damaged, excessively worn, or unsafe;

  • Following facility rules and applicable sport regulations;

  • Using appropriate protective equipment; and

  • Consulting a qualified medical professional before beginning an athletic activity when appropriate.

Product performance may vary according to playing technique, conditions, maintenance, normal manufacturing tolerances, and other factors. No product can eliminate the ordinary risks associated with athletic participation.

 

5. Accounts and Security

Some website features may require an account or invitation. You agree to provide accurate, current, and complete information and to update it when necessary.

You are responsible for safeguarding your password and for activity conducted through your account. You must notify us promptly if you suspect unauthorized access.

We may suspend or terminate an account that contains inaccurate information, is used fraudulently, compromises website security, violates these Terms, or is otherwise misused.

 

6. Ambassador and Invitation-Only Features

Ambassador portals and similar private areas are available only to authorized participants. An invitation is personal and may not be transferred or shared without our written permission.

Participation in an ambassador program may be subject to a separate agreement, program rules, confidentiality requirements, or product-testing conditions. If those terms conflict with these Terms regarding ambassador activities, the more specific ambassador terms will control.

Access to an ambassador portal does not create an employment relationship, partnership, agency, franchise, or authority to bind AlienHead Sports.

 

7. Orders and Acceptance

Submitting an order is an offer to purchase the selected products. An automated order confirmation acknowledges receipt but does not necessarily mean that we have accepted the order.

We may decline or cancel an order for legitimate reasons, including:

  • Product unavailability;

  • Pricing or description errors;

  • Suspected fraud or unauthorized payment;

  • Resale or quantity-limit violations;

  • Shipping restrictions; or

  • Inability to complete or verify the transaction.

A binding sale is formed when we accept the order and process it for fulfillment, subject to applicable law.

 

8. Pricing and Payment

Prices are displayed in the currency identified during checkout. Unless expressly stated otherwise, prices do not include taxes, customs duties, import charges, brokerage fees, or shipping charges.

You authorize us and our payment providers to charge the payment method submitted for your order, including applicable shipping charges and taxes displayed at checkout.

You represent that you are authorized to use the selected payment method. We may correct a pricing error or cancel an affected order. If your payment has already been collected for a canceled item, we will issue an appropriate refund.

 

9. Pre-Orders

A pre-order reserves a product that is in development, manufacturing, transit, or otherwise not ready for immediate shipment.

Pre-order availability, production details, specifications, colors, packaging, and estimated delivery dates may change. Any shipping or delivery date shown for a pre-order is a good-faith estimate and is not guaranteed.

Unless expressly stated otherwise at checkout, payment may be collected when the pre-order is placed. Product-specific pre-order terms disclosed on the product page or during checkout are incorporated into these Terms.

If a pre-order cannot ship within the timeframe originally stated, we will provide any notice, revised estimate, cancellation opportunity, consent request, or refund required by applicable law.

 

10. Shipping and Delivery

Shipping estimates are not guarantees unless we expressly state otherwise. Delays may result from carrier operations, weather, customs processing, supply interruptions, incorrect addresses, or events beyond our reasonable control.

Customers are responsible for providing a complete and accurate delivery address. Additional charges caused by an incorrect address, refused delivery, or unclaimed shipment may be deducted from a refund or charged separately where permitted by law.

Risk of loss and title pass as provided by applicable law and the shipping terms presented at checkout. Nothing in these Terms limits rights that cannot legally be waived.

11. International Orders

International customers are responsible for confirming that products may lawfully be imported into and used within their destination country.

Unless expressly collected during checkout, customs duties, tariffs, taxes, brokerage fees, and other import related charges are the customer’s responsibility. We are not responsible for customs delays, seizures resulting from local import restrictions, or charges imposed by foreign authorities.

 

12. Returns, Refunds, and Warranties

Returns, refunds, exchanges, preorder cancellations, and product warranties are governed by the policies displayed on our website and any product-specific terms disclosed at purchase. Those policies are incorporated into these Terms.

If a separate policy conflicts with these Terms regarding a return, refund, or warranty, the more specific policy will control, except where applicable law provides the customer with greater rights.

Nothing in these Terms limits non-waivable consumer rights or remedies.

 

13. Promotions and Discount Codes

Promotions, giveaways, bundles, referral offers, and discount codes may be subject to additional conditions. Unless expressly stated otherwise:

  • Offers may not be combined;

  • Codes have no cash value;

  • Offers may be limited by date, product, customer, territory, or quantity;

  • Discounts do not apply retroactively; and

  • We may cancel or correct an offer affected by fraud, technical error, or misuse.

 

14. Intellectual Property

The website and its content—including the AlienHead Sports name, AlienHead logos, the S-e9 name and product presentation, AlienX™ Bubble Core branding, Armor Flux™ branding, the Mook mascot, graphics, photographs, videos, product designs, text, software, and page layouts—are owned by or licensed to AlienHead Sports and are protected by intellectual-property laws.

You may access and use the website for personal, noncommercial purposes. You may not, without prior written permission:

  • Copy, reproduce, modify, republish, or distribute website content;

  • Use our trademarks, logos, product names, or branding in a way that suggests authorization or affiliation;

  • Create products or commercial materials derived from our protected designs or content;

  • Remove copyright, trademark, or ownership notices;

  • Scrape, harvest, or systematically extract website data; or

  • Use website content to train an artificial-intelligence or machine-learning system.

No ownership rights are transferred to you through your use of the website or purchase of a product.

 

15. User Content and Feedback

You may be able to submit reviews, photographs, videos, comments, product-testing reports, or other material (“User Content”). You retain any ownership rights you have in your User Content.

By submitting User Content, you grant AlienHead Sports a worldwide, nonexclusive, royalty-free, sublicensable license to store, reproduce, display, adapt, and use it for operating, improving, supporting, and promoting our business and products, subject to our Privacy Policy and applicable law.

You represent that you have the necessary rights and permissions to submit the content and that it does not violate another person’s privacy, publicity, copyright, trademark, or other rights.

We may remove User Content that is unlawful, misleading, offensive, infringing, fraudulent, unrelated, or inconsistent with these Terms. We are not obligated to publish any review or submission.

Product suggestions and general feedback may be used without restriction or compensation unless we expressly agree otherwise in writing. Confidential product-testing information remains subject to any applicable ambassador, testing, or confidentiality agreement.

 

16. Prohibited Conduct

You may not:

  • Use the website for unlawful, fraudulent, or abusive purposes;

  • Attempt to gain unauthorized access to accounts, systems, or private portals;

  • Interfere with website security or operation;

  • Introduce malware, malicious code, or automated attacks;

  • Impersonate another person or misrepresent your affiliation;

  • Submit false reviews or misleading product claims;

  • Use bots or automated tools to manipulate orders, promotions, or availability;

  • Purchase products through unauthorized means for unlawful resale; or

  • Violate another person’s rights.

 

17. Third-Party Services and Links

The website may use or link to third-party services such as payment processors, shipping carriers, social-media platforms, analytics providers, and website-hosting services.

Those services are governed by their own terms and privacy practices. We do not control and are not responsible for third-party websites, content, availability, security, or conduct.

 

18. Privacy

Our collection, use, and disclosure of personal information are described in our Privacy Policy. By using the website, you acknowledge that you have reviewed the Privacy Policy.

 

19. Electronic Communications

By contacting us, creating an account, or making a purchase, you consent to receive transactional communications electronically, including order confirmations, shipping notices, account messages, policy notices, and customer-service communications.

Marketing communications are subject to applicable law and the choices provided in the communication. You may unsubscribe from promotional emails, but you may still receive non-promotional messages relating to an active order, account, or legal notice.

 

20. Website Availability

We may modify, suspend, discontinue, or restrict any website feature at any time. We do not guarantee that the website will always be uninterrupted, secure, or free from errors.

We may perform maintenance, address security concerns, or limit access when reasonably necessary.

 

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ALIENHEAD SPORTS DISCLAIMS IMPLIED WARRANTIES RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PRODUCT WARRANTIES, IF ANY, ARE LIMITED TO THE EXPRESS WARRANTY TERMS PROVIDED WITH THE PRODUCT OR PUBLISHED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIENHEAD SPORTS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE WEBSITE, ITS CONTENT, OR A PRODUCT PURCHASE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PARTICULAR PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID TO ALIENHEAD SPORTS FOR THE PRODUCT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING ANY RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE CONSUMER-PROTECTION LAW.

 

23. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless AlienHead Sports and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable expenses arising from your unlawful misuse of the website, infringement of another person’s rights, violation of these Terms, or User Content you submit.

This provision does not require you to indemnify a party for its own unlawful conduct, negligence, or other liability that cannot legally be shifted to you.

 

24. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal proceeding relating to these Terms or the website must be brought in a court of competent jurisdiction located in Port St Lucie, Florida, unless applicable consumer law gives you the right to bring a claim elsewhere.

Before filing a lawsuit, the parties agree to make a good-faith effort to resolve the dispute informally by providing written notice and allowing 30 days for a response. This informal process does not prevent either party from seeking urgent injunctive relief or filing a claim before an applicable limitations period expires.

 

25. Termination

We may suspend or terminate your access if you violate these Terms, threaten website security, engage in fraud, or misuse our services.

Provisions that by their nature should survive termination—including intellectual-property, disclaimer, limitation-of-liability, indemnification, and dispute provisions—will remain effective.

 

26. Severability and Waiver

If any provision of these Terms is found unenforceable, it will be modified only to the minimum extent necessary or severed, and the remaining provisions will remain effective.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

 

27. Entire Agreement

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, Pre-Order Policy, warranty terms, and any product- or program-specific terms, constitute the entire agreement between you and AlienHead Sports regarding the matters they cover.

 

28. Contact Us

Questions about these Terms may be submitted through the contact form at alienheadsports.com or sent to:

AlienHead LLC
Doing business as AlienHead Sports
11582 SW Village Parkway Unit 277
Port St Lucie, FL 34987
Email: support@alienheadsports.com

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