Terms & Conditions
Effective Date: June 18, 2025
Welcome to the official website of MAX 5, a digital platform owned and operated to offer premium pickleball products and related services. By visiting, browsing, or using www.max5.us (the “Website”), you acknowledge that you have read, understood, and agreed to comply with the terms and conditions outlined in this document. If you do not accept any part of these Terms, you must discontinue your use of the Website immediately.
MAX 5 reserves the right to amend these Terms and Conditions at any time, without prior notice. Such modifications become effective upon their posting on this Website.
You must periodically check this page for any changes. If you have any questions regarding these Terms and Conditions, you can contact us through our Contact Us section, provided on the Website.
E-Commerce
MAX 5 strives to present accurate and up-to-date product and service information across the Website. However, we do not guarantee that all details, including product descriptions, colors, images, prices, specifications, or availability, are error-free due to typographical errors, system limitations, or manufacturer-related variances. Your use of this Website and any reliance upon the information provided are undertaken at your discretion and risk.
We make reasonable efforts to display product colors and attributes as precisely as possible. Nevertheless, color accuracy can be affected by your device’s screen settings, graphics capabilities, or monitor calibration. Minor color variations do not constitute grounds for product defect claims. Similarly, due to common industry tolerances in manufacturing, minor differences in weight, dimensions, or packaging happen and will not be classified as defects.
From time to time, this website may contain inaccuracies or omissions related to pricing, availability, or promotional offers. We reserve the right to correct such errors or update information without prior notice, even after an order has been submitted.
Prices listed on this Website are in US Dollars and may vary from prices offered through other channels, including third-party retailers or physical storefronts. MAX 5 does not guarantee price matching across sales platforms or retail partners. All pricing is subject to change without notice, and the price in effect at the time of purchase will apply to your order.
Coupons, Gift Cards, & Promotions
Occasionally, MAX 5 may provide promotional discounts, digital coupons, or other price reductions through this website or affiliated platforms. These promotions are subject to specific conditions and are valid only for a limited time, as indicated within the promotion.
Unless otherwise stated, any minimum purchase thresholds for promotional eligibility apply after discounts are applied and before taxes and shipping fees. MAX 5 reserves the right to cancel any order or promotional redemption that (1) involves typographical or display errors, (2) violates the stated terms of the promotion, (3) conflicts with these Terms and Conditions, (4) appears to involve misuse or fraud, or (5) contravenes applicable federal, state, or local laws. MAX 5 disclaims responsibility for pricing or promotional inaccuracies, and might alter or terminate any promotion at its discretion and without prior notification.
Clearance Merchandise
Products listed as “Clearance” or “Final Sale” are not eligible for return, refund, or exchange. These items are sold as-is and are exempt from post-purchase adjustments or promotional applications.
Coupons
Coupons are promotional codes issued for use on eligible purchases through the MAX 5 website. These may be exclusive to retail customers or applicable to certain partner groups. Coupons are valid only on regular-priced items unless explicitly stated otherwise and cannot be combined with other discounts or offers. They have no monetary value, cannot be redeemed for cash, and may not be resold, transferred, or auctioned.
To redeem, enter the code during the checkout process. Expired codes will not be accepted, and extensions will not be granted. The following categories are excluded from coupon discounts (subject to change at any time):
- Digital Gift Cards
- Clearance Merchandise
- Limited Edition Paddles
- Branded Paddle Bundles
- Nets and Stands
Gift Cards
Digital gift cards purchased from MAX 5 may only be redeemed through www.max5.us. They may be used for merchandise only and cannot be exchanged for cash or refunds. If the total order amount exceeds the gift card balance, an alternate payment method must be used for the remaining amount. We are not responsible for lost or stolen gift cards and will not issue replacements. You may use more than one gift card per transaction.
Free Gift With Purchase
The validity of this promotional offer is limited to the specified promotional periods. Customers who meet the qualifying purchase threshold will have their gift automatically included at checkout. This offer is valid for retail orders only, limited to one per order, non-exchangeable, and non-refundable. Offer available while supplies last.
Orders & Shipping
All orders placed on the MAX 5 website are considered final at the time of submission. Once processed, orders cannot be canceled or modified. Customers are strongly advised to review all billing, shipping, and product selection details before finalizing their order.
MAX 5 does not accept orders placed on a cash-on-delivery (COD) basis. Accepted payment methods include Visa, MasterCard, American Express, Discover, Apple Pay, Google Pay, and PayPal. Prepaid gift cards, non-US bank-issued credit cards, or other unapproved payment instruments will not be accepted.
All transactions are processed in US Dollars. The checkout process will include the addition of any applicable sales tax to the total order. Customers are responsible for any sales, use, or value-added tax applicable to their jurisdiction. By placing an order, the customer agrees to protect and hold MAX 5 and its affiliates harmless against any claim or liability related to unpaid or improperly reported tax obligations.
Payment processing for MAX 5 may be reflected on your credit card statement as a charge from our authorized vendor. By clicking the “Pay Now” button, you are authorizing the full transaction amount to be charged.
MAX 5 retains the right to cancel or reject any order at its sole discretion, including orders suspected of fraud, pricing errors, or violations of these Terms. Cooperation with law enforcement will be provided in the event of a fraudulent transaction.
For full details regarding delivery timelines and options, please go to our Orders & Shipping FAQ page.
Returns & Refunds
Final Sale Items
Products marked as “Clearance” or “Final Sale” are not eligible for return, exchange, or refund. These items are sold as-is. MAX 5 does not offer price adjustments or retrospective discounts for Final Sale items.
Returns & Exchanges
Eligible items may be returned or exchanged within 30 calendar days of the original purchase date. To begin the return process, customers must contact MAX 5’s Customer Service team to request a Return Merchandise Authorization (RMA) number. Returns or exchanges submitted without an RMA will be rejected.
To qualify for a return or exchange, items must be unused, in their original condition, and include all original packaging and accessories. Items such as balls, rubbers, nets, and paddles may not be returned if opened unless defective. Apparel must be unworn and unwashed. Proof of purchase is required for all returns.
Return shipping costs are the customer’s responsibility unless the return is due to a product defect or a MAX 5 fulfillment error. We do not accept returns sent via Collect on Delivery (COD). Items that arrive damaged due to improper packaging or appear used will not be accepted for a refund.
Non-Returnable Products (unless defective or incorrect)
- Assembled Paddles
- Tournament Tables
- Glues and Cleaners
- Edge Tapes
- Custom Gear Bundles
Refunds
Upon receipt and inspection of returned merchandise, MAX 5 will notify the customer of approval or denial of the refund. If approved, the refund will be issued within seven (7) business days to the original payment method. Shipping fees are not refundable unless the return resulted from our error or a product defect.
For more details, please visit our Returns & Refunds Policy page.
Warranty
General Warranty Policy
MAX 5 offers a Limited Manufacturer’s Warranty covering defects in materials and workmanship for eligible products. This warranty does not apply to damage caused by improper handling, misuse, negligence, transportation incidents, environmental factors, failure to follow included instructions, or accidents of any kind. The warranty term varies based on product type and is specified at the time of purchase.
This Limited Warranty applies exclusively to the original purchaser and is valid only within the United States and Canada, unless otherwise stated. Coverage begins from the date of purchase. At MAX 5’s sole discretion, eligible claims may result in the repair or replacement of the product. This warranty does not cover indirect, incidental, or consequential damages of any kind.
Third-Party and Unauthorized Purchases
For items purchased through authorized retailers, customers must first initiate return or exchange requests directly with the retailer within 30 days of purchase. Warranty claims submitted to MAX 5 must be accompanied by original purchase documentation.
Products acquired through unauthorized sellers, including online marketplaces such as eBay, Facebook Marketplace, or auction platforms, are not eligible for warranty coverage.
Freight & Table Shipments
Customers must inspect shipped items upon delivery and are advised to reject packages showing visible damage. Accepting delivery waives the right to future claims for visible shipping damage.
Use of The Site
MAX 5 offers goods or services directly through this website or provides links to third-party platforms offering additional products and services. To place an order or access paid services on the site, users must be at least 18 years old or the age of majority in their local jurisdiction. By using this site to place an order, you confirm that you meet this requirement. MAX 5 reserves the right to modify or discontinue offerings without notice, even after an order is placed. The presence of any product or service on the website at a particular time does not guarantee future availability.
Except where explicitly identified as being provided by MAX 5, all content, products, and services available through the website are offered by unaffiliated third parties. MAX 5 does not operate or control external content or service providers linked through the site and makes no warranties as to their accuracy, legality, or quality.
MAX 5 does not guarantee that downloadable files or digital services will be free from malware, viruses, or other harmful code. It is the user’s responsibility to maintain up-to-date protective software, verify the integrity of data, and maintain external backups of any data retrieved through the site.
Your use of this website is entirely at your own risk. MAX 5 provides the website “as is” and makes no express or implied representations or warranties, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. MAX 5 shall not be held liable for any losses resulting from your reliance on information, services, or content obtained through the site or the Internet more broadly.
Furthermore, users acknowledge that the Internet may contain unfiltered, offensive, or inappropriate content. MAX 5 assumes no responsibility for exposure to such material and does not monitor external web pages accessed via the site. Accessing such material is at the user’s sole discretion and risk.
Limitation of Liability
To the fullest extent permitted by law, MAX 5 shall not be held liable for any incidental, consequential, indirect, or special damages, including, but not limited to, lost profits, business disruption, loss of programs, or data corruption, arising from or connected to your use of this site, inability to use this site, or reliance on information or materials downloaded or accessed through this site. This applies even when MAX 5 or its authorized representatives have been notified of the potential for such damages.
MAX 5 makes no representations or warranties regarding the accuracy, completeness, or reliability of the content, services, or third-party materials available through this website. Users assume full responsibility for assessing the utility, risks, and limitations of any information, opinions, or advice accessed through the site or its affiliated content.
In jurisdictions where limitations on liability for incidental or consequential damages are restricted, MAX 5’s liability shall be limited to the maximum extent permitted by applicable law.
This website may contain hyperlinks to external websites not operated by MAX 5. These links are intended for informational purposes and are not to be construed as an endorsement. MAX 5 has no control over, and assumes no responsibility for, the accuracy, content, or availability of third-party sites. A link to an external website does not constitute endorsement or acceptance of responsibility by MAX 5. Users follow such links at their own risk.
MAX 5 is not obligated to intervene in or resolve disputes arising from transactions conducted through third-party websites, even when those websites are accessed via links on the MAX 5 platform. Your sole remedy for any dissatisfaction with third-party products or services lies directly with the respective manufacturer, distributor, or vendor, not with MAX 5.
MAX 5 expressly disclaims all liability arising from third-party content, services, or interactions.
Indemnification
You agree to indemnify, defend, and hold harmless MAX 5, its affiliates, officers, directors, employees, agents, licensors, service providers, and any third-party content providers from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from your violation of these Terms or any unlawful, negligent, or unauthorized activity by you or any user under your account.
Third Party Rights
The provisions contained in Sections titled “Use of the Site” and “Indemnification” are intended for the benefit of MAX 5, as well as its directors, officers, employees, agents, licensors, suppliers, and third-party information providers. Each of these entities shall have the independent right to enforce those specific provisions against you to the extent permitted by law, and may do so directly and individually.
Term Termination
This Agreement shall remain in effect for as long as the Website is operational unless terminated by either party. The provisions related to Intellectual Property, Use of the Site, Indemnification, Third-Party Rights, and General Legal Terms shall survive termination and continue to be legally binding, regardless of the reason or method by which this Agreement ends.
International Use
Although the MAX 5 Website may be accessible globally, we make no guarantees that the content, features, or services available through this site are legally permitted or appropriate outside the United States. Users accessing the site from outside the US do so on their own initiative and assume full responsibility for compliance with applicable local laws, import/export regulations, and jurisdictional rules. Access to the Website from jurisdictions where its content or services are unlawful is not allowed. Any offer of service, content, or information made via this site is void where prohibited. Users are advised to consult local legal regulations before using the Website or purchasing any products or services from outside the US.
Ads and Malware
MAX 5 is committed to maintaining a professional and secure online environment for all users. We actively monitor and resolve any technical issues that may arise on our platform and strive to correct any performance or display irregularities within our control. However, certain technical disruptions may result from issues originating from the user’s own device, which are beyond our reach.
If you notice unexpected advertisements, irregular content, or browser malfunctions while visiting our Website, it may be due to malicious software (malware) present on your personal computer. It refers to harmful programs such as viruses, spyware, trojans, keyloggers, rogue applications, and other intrusive code that can affect your system without your consent.
Although MAX 5 partners with reliable vendors to help secure our site infrastructure, we cannot control or resolve malware residing on your device. If you suspect that your system is compromised, we strongly recommend that you consult a certified IT professional or computer technician to perform a complete malware scan and removal. Your cybersecurity is essential to having a safe and functional browsing experience across our website and others.
Instructions for Making Copyright Infringement Claims and the Relevant Procedure
MAX 5 respects the intellectual property rights of creators and requires all users of this Website to do the same. Following the Digital Millennium Copyright Act (“DMCA”), we have implemented the following Copyright Compliance Procedure. If you believe that your copyrighted work has been used in a way that constitutes infringement, please notify our designated agent using the procedure described below.
For your notice to be considered legally binding, it must include:
- The signed approval of the copyright owner or a designated representative, either in physical or electronic form.
- A clear description of the copyrighted work that you believe has been infringed;
- Specific identification of the allegedly infringing material and enough detail for us to locate it on our Website;
- Your name, mailing address, telephone number, and email address so we may contact you directly;
- A statement that you believe in good faith that the disputed use is not authorized by the copyright owner, agent, or applicable law;
- A declaration, made under penalty of perjury, that the information in your notice is accurate and that you are the legal owner or authorized to act on behalf of the copyright owner.
Upon receipt of a valid notice, MAX 5 will promptly investigate and, if appropriate, remove or disable access to the allegedly infringing content. We reserve the right to suspend or terminate the accounts of repeat infringers without notice or liability.
For copyright-related notices, please contact the designated agent at the following details:
Designated Agent for Copyright Inquiries
MAX 5 Legal Compliance
Email: info@max5.us
Phone: +1 (469) 775-9736
Address: MAX 5 Pickleball Store
8230 Elmbrook Drive, Suite 300
Dallas, TX 75247, USA
Customer inquiries are accepted Monday through Friday, 9:00 AM to 6:00 PM EST. We will make every effort to respond to notices within 24 hours on working days.
MAX 5 takes copyright protection seriously and complies fully with all obligations under the DMCA. Any misuse of this reporting process may result in legal consequences.
Miscellaneous
The laws of the State of Texas shall control the interpretation and enforcement of this Agreement, without regard to its conflict of law provisions. Any legal actions, disputes, or proceedings related to this Agreement must be filed exclusively in a court of competent jurisdiction located in Dallas County, Texas. You waive any objection based on venue, personal jurisdiction, or an unfitting forum. Notwithstanding the above, MAX 5 retains the right to initiate legal proceedings against you in any applicable jurisdiction if necessary to enforce its rights.
Any claim or cause of action you may have about the Site or these Terms must be filed within one (1) year after it arises, or it will be permanently barred. The failure of MAX 5 to enforce any provision of this Agreement shall not constitute a waiver of such provision. The terms outlined in this Agreement shall not be altered by any conduct or dealings between the parties.
If any provision of this Agreement is found by a court to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining terms. Terms required to implement the objectives of this Agreement shall survive after its termination.
To the fullest extent permitted by law, you hereby waive any right to a jury trial in any dispute related to these Terms or the use of this Site. A printed version of these Terms, and any electronically delivered notices, shall be admissible in judicial or administrative proceedings to the same extent as business records originally created and maintained in printed form.
Headings provided in this Agreement are for clarity and do not impact the meaning or interpretation of its terms. Any singular references in this Agreement should be interpreted to include the plural, and plural references include the singular. Gendered terms will be interpreted as applying to all genders. These terms represent the entire agreement between MAX 5 and you regarding use of the Site and supersede any prior communications, whether written or oral.
All rights not expressly granted herein are reserved.
Online Marketplaces
Unless expressly authorized in writing by MAX 5’s Director of Sales, Director of Direct-to-Consumer (DTC), or Director of Wholesale, resellers are strictly prohibited from listing or selling MAX 5 products on third-party marketplaces. This includes platforms such as Amazon, eBay, Walmart, Jet.com, Newegg, Craigslist, and Facebook Marketplace, among others. All sales must be conducted solely through the reseller’s own company-owned websites. Any unauthorized listings or sales through non-approved online marketplaces constitute a violation of MAX 5’s Terms and may result in enforcement actions, including termination of resale rights.