TERMS OF USE AND SUBSCRIPTION AGREEMENT
ACCEPTANCE OF TERMS
Welcome to mpswing.com (the "Website"). GolfLogic, Inc., a California Corporation (“GolfLogic”, “we”, “our”, or “us”), operates the Website, www.mpswing.com. These Terms of Use constitute an agreement between us and you, governing your use and access to the Website, its products and services.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY BEFORE USING THE WEBSITE. WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT OR SUBSCRIPTION FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT, IF ANY, AND DISCONTINUE PURCHASING PRODUCTS OR SUBSCRIPTIONS FROM THE WEBSITE. BY AGREEING TO THESE TERMS, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
LICENSE
We grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which the Content (defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations.
INTELLECTUAL PROPERTY
We or our licensors own all Content on the Website, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights. “Content” as defined herein includes the intellectual property rights aforementioned and in addition includes, without limitation, audio clips, video clips, data compilations and the design, selection and arrangement thereof. Content from the Website may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without our express written permission. You may not use material from the Website for public or commercial purposes or in any way that is unlawful. No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved.
ACCOUNT REGISTRATION
If you register with the Website, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You do not need to create an account to submit an order to purchase products that may be listed on the Website. We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
RESTRICTIONS
You may not under any circumstances:
- Copy or print any of the Content unless and to the extent it is for your own personal, non-commercial use;
- Attempt to decipher or reverse engineer any of the software comprising or in any way making up a part of the Website;
- Use any false or inaccurate biographical information or other information for purposes of registering as a user of the Website, or for purposes of registering for any promotions offered through the Website;
- Use or attempt to use any software, tool, agent or other device or mechanism to navigate or search the Website to harvest or otherwise collect information from the Website;
- Attempt to probe, scan or test the vulnerability of a system or network;
- Use the Website to collect any personally identifiable information, or use the Website for any commercial solicitation purposes;
- Access any Content through technology or means other than those provided or authorized by us.
PURCHASES
In order to make purchases on the Website, you will be required to provide information about yourself that is true and accurate, including your name, address and e-mail address and other requested information as indicated. In order to make purchases on the Website, you must be 18 years of age or older. We do not sell products for purchase by children. If you are under eighteen (18), you may use the Website only with the involvement of a parent or legal guardian. You represent and warrant that (a) you are at least eighteen (18) years of age prior to purchasing products or services; (b) you agree to pay all charges and losses incurred in connection with your purchase of products or services, including shipping fees; (c) you agree to pay all taxes related to your purchase transactions on the Website; and (d) if we do not receive payment from your credit card issuer, You agree to pay all amounts due upon demand.
Our acknowledgement of an order is not acceptance of an order and we may reject or cancel an order at any time. You must either have an existing account on the Website or provide a valid and authorized credit card information and agree that we may charge the credit card at the time of your transaction.
Prices on the Website are presented in U.S. dollars for U.S. and international purchasers. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. If you are a customer whose credit/debit card is not denominated in U.S. Dollars, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
We reserve the right to change its prices and billing methods at any time, effective immediately upon publication. We are not liable for any inaccuracies, omissions, or errors in pricing on the Website and will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. We reserve the right to limit the quantity of items purchased, to change and update information, as well as cancel orders you may have submitted if information on the Website is found to be inaccurate. The products described in this Website may not be available in your region.
PAYMENT OPTIONS AND DELIVERY
Payments for Products can be made by any of the methods we provide for on our Website. We take reasonable care to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.
Delivery and shipping options are indicated at checkout. We take reasonable care to meet expected delivery dates and will take measures to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
RETURN POLICY/DAMAGED PRODUCTS
If you have chosen to return a Product eligible for return you are responsible for following our return policy and retuning the Product to us as soon as reasonably practicable, but in no event later than 14 days from the order date. We will not accept any returns after 14 days. Products eligible for return must be returned UNUSED, with tags attached in their original packaging. We reserve the right to refuse issuing a refund if the returned Product is not in returned in accordance with our return policy and/or damaged or lost while being returned to us. Refunds will be in the amount of the Product plus taxes, if applicable, less original shipping costs. You are responsible for return shipping costs and ensuring that the Returned Product is adequately packaged and insured for delivery. We will process the refund due to you as soon as practicable after we receive the returned Product.
Products that are damaged or otherwise faulty when received can be returned in accordance with our Return Policy. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable.
SUBSCRIPTION AGREEMENT
If you purchase a subscription at GolfLogic, you will receive regular access to subscription-only Content. Your subscription will continue for the subscription period of one year. All subscription charges are non-refundable after a 7 day grace period. You may cancel your subscription by contacting our customer service by email at info@mpswing.com. Indicate your full name, address, account number, if any.
Subscribing members have the option to purchase 1:1 online lessons from the Website for an additional charge. Lesson charges are non-refundable.
USER GENERATED CONTENT
With respect to User Generated Content posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to post such content; (b) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights); and (c) the content does not violate any applicable laws, rules or regulations, or our posted policies.
We do not claim ownership to User Generated Content. However, by posting User Generated Content, you irrevocably grant us and our assigns, agents and licensees a worldwide, nonÂexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, and other intellectual property rights you own or control to: (a) use, reproduce, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, and without the requirement of any permission from or payment to you or any other person or entity, and (b) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
We do not endorse any User Generated Content and the User Generated Content posted does not reflect our opinions or views. You are solely responsible for your User Generated Content and the consequences of posting and publishing it. We take no responsibility and assume no liability for any User Generated Content that you or any other user or third-party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Content on the Website, whether or not it violates our Terms of Use. You agree not to submit or post any content, or engage in any other activity in connection with the Website, that:
· Is false or misleading;
· Defames, threatens, or harasses anyone;
· Is harmful, dangerous, abusive or offensive;
· Is obscene or contains pornography;
· Violates any law or regulation;
· Contains advertising of any form of commercial solicitation or activity;
· Otherwise interferes with the functioning of the Website or other users’ use or enjoyment of the Website.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content appearing on the Website or other material provided through a link, infringes your copyright, you should notify us by e-mail to info@mpswing.com or by mail at:
GolfLogic Inc.
3470 Wilshire Blvd. Ste1115
Los Angeles, CA 90010
The notification must be in writing and contain the following information:
- Signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website that is sufficient to enable us to identify and locate the material;
- Your contact information;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
- A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right in the material.
LINKED SITES AND ADVERTISING
The Website may contain links to other websites, including, but not limited to, advertisements by us or by third parties. We are not responsible in any way for such sites, including for such sites' content, materials, terms of use, or privacy policies. The inclusion of any link to such sites does not imply endorsement by us and we do not endorse the content, product and services provided by the linked sites. We cannot guarantee the standards of any website to which links are provided on our Website. You may also navigate to the Website from links deployed by third parties in their social media, advertisements and other marketing activities. Such sites are not owned, operated or controlled by us. You hereby irrevocably waive any claim against us with respect to such linked sites, and any information, content and materials you provide to such sites.
DISCLAIMER
You acknowledge that we are not liable for any personal injury or property damage arising from any misuse of any products offered through the Website. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
WARRANTY DISCLAIMER
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS THEREOF, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INFORMATION, SOFTWARE, SERVICES, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.
INDEMNITY AND RELEASE
You agree to defend, indemnify, and hold harmless us and our agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses, including reasonable attorneys’ fees, made against us by any third party due to or arising out of or in connection with (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Content or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.
California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM OR RELATE IN ANY WAY TO (A) YOUR USE OF OR RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, NOR THEIR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER.
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS WE, OUR AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. WE MAKE NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CHANGES TO THE TERMS OF USE
We reserve the right to modify or update these Terms of Use at any time for any reason. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. You should discontinue using the Website if you do not agree with any changes to these Terms of Use.
MODIFICATIONS TO WEBSITE
We reserve the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by us that such features will always be included on the Website. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or Content.
LAW AND JURISDICTION
These Terms of Use and any dispute that may arise between you and us shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY.
BINDING ARBITRATION AND CLASS ACTION WAIVER
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with us only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. We reserve the right to seek injunctive relief in a court a competent jurisdiction for violations of these Terms of Use or breaches of intellectual property covenants. All arbitrations shall be initiated in Los Angeles County, California.
WAIVER AND SEVERABILITY
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court to be invalid, illegal or unenforceable for any reason, the remainder of the Terms of Use shall continue in effect.
COMMENTS
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
If you have any questions or comments about these Terms of Use, please feel free to contact us by e-mail at info@mpswing.com or write to us at:
GolfLogic Inc.
325 N Larchmont Blvd. #159
Los Angeles, CA 90004
Effective Date: [4/22/2019]