In order for you to access, enter and use this website in any manner, the user (you) must agree to and abide by these Terms and Conditions of Use. In return, you will be granted a non-exclusive, non-transferable, personal, and limited privilege by the Jim Venetos Golf Academy(us) to enter and use this website.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS, ENTER OR USE THIS WEBSITE AT ANY TIME FOR ANY PURPOSE.
These Terms and Conditions of Use are applicable to www.JimVenetosGolfAcademy.com (the website) and any associated or related websites. We reserve all rights to modify these Terms and Conditions of Use by changing, adding or removing any portion thereof, at any time at our sole discretion. Your entry, access and use of the website, are governed by the most current version of the Terms and Conditions of Use appearing on the website at the time of such use. You are responsible for reviewing the “Terms and Conditions of Use” link on the home page of www.JimVenetosGolfAcademy.com to view the current Terms and Conditions of Use.
Any breach by you of any of the Terms and Conditions of Use will result in the immediate termination of any privilege you have to enter, access or use any part of the website in addition to any other remedies that we may have.
These Terms and Conditions of Use constitute the entire agreement between us and you with regard to your use of this website, and no other statements or representations (whether oral or in writing), or prior agreements may be used to contradict the Terms and Conditions of Use herein. If any court or government agency in any competent jurisdiction rules that any of these Terms and Conditions of Use are unenforceable, the remaining Terms and Conditions of Use shall remain valid and enforceable.
Not all content and services offered on this website may be available to persons in all states, jurisdictions, territories and countries. You are solely responsible for determining whether such content and services are available where you reside. The offering of such content and services shall be void where prohibited by law.
These Terms and Conditions of Use are exclusively governed by California law, and any disputes which cannot be informally resolved shall be instituted in a Court of competent jurisdiction in Los Angeles County, California to the exclusion of any other forum or jurisdiction. Attorney fees and litigation costs shall be awarded to the prevailing party. You consent to personal jurisdiction in Los Angeles County, California.
Any headings used in these Terms and Conditions of Use are for convenience only, and should not be relied upon for interpreting the substantive provisions.
SMS
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Text Marketing. By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Jim Venetos Golf Academy at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.
YOUR USER’S PRIVILEGE
Except as set forth below, we own and control this website and all aspects thereof, including all content and products and services offered. Some portions of the website may be licensed by third parties. Nevertheless, all intellectual property, including but not limited to, copyrights, patents, trademarks, and any other intellectual property rights, whether or not registered, are owned by us or licensed to us.
You are prohibited from copying, reproducing, publishing or republishing, transmitting or conveying in any manner, modifying, adapting, displaying, exhibiting, distributing, selling, assigning, licensing, uploading any of its contents to another computer or server, mirroring, reverse engineering, data mining, harvesting or extracting, or otherwise transacting in any aspect of this website or its contents or its offerings, except as explicitly authorized by us in writing. At most, any rights granted to you are licensed; no title or ownership of any aspects of this website or its offerings shall pass to you.
All information and content on this website, including but not limited to files or other materials available for download and products and services made available from this website, the website’s software, codes, structure, tools, files, text, graphics, designs, images (including photographs, art, and video), data, sounds (including audio and music), interfaces (visual and user), forums, chat rooms, message boards, communications, emails, and other postings, are our sole property or the property of our licensors. Content specifically includes any materials offered by us for download or other method of distribution.
USE OF OUR CONTENT
So long as you abide by the most current Terms and Conditions of Use, you will be able to view, download, and print available content on this website provided that we set forth a notice that the specific content is available for such purpose; if no such notice is set forth, no such use is permitted. The following conditions and restrictions apply in all cases:
For access to content that requires you to pay a fee, and/or that requires you to sign an additional agreement, such content may only be viewed, downloaded and printed subject to your payment and/or signature.
Content may not be accessed or used except for personal and non-commercial purposes. No content, including text and graphics, may be furnished to others or made available to others, whether or not for consideration.
No content may be edited, changed, modified or otherwise altered including removing any intellectual property and/or other proprietary and/or authorship notices. This includes removal of or separation of graphics from accompanying text.
No content may be displayed anywhere or published or republished for any purpose.
Use of content for any other purpose is unauthorized and strictly prohibited and may result in civil and criminal penalties.
We may modify or revoke any authorization to view, download or print any content upon notice from us. If such notice is given, you must immediately cease using any such content.
LICENSE AGREEMENTS
You agree that you will enter into all applicable license agreements for any licensed software on the website or available from the website which requires that you enter into a license agreement. If you do not enter into such license agreement, the licensed software will not be available for your access or use. Should you violate any of the terms or conditions of the license agreement or otherwise infringe any of the intellectual property rights protected thereby, such violation will also constitute a violation of the Terms and Conditions of Use.
REFUNDS
Refunds will not be issued, unless an exception is made by Jim Venetos’s team.
LESSON PACKAGE
You agree that by purchasing any Lesson Package, you will also maintain a yearly or monthly subscription to the Jim Venetos Golf Academy. If you don’t maintain an active yearly or monthly subscription, the Jim Venetos Golf Academy has the right to suspend your account, not provide you the lessons, and can decide at their own discretion whether or not to issue a refund.
VIOLATION OF TERMS AND CONDITIONS OF USE AND UNAUTHORIZED USE OF WEBSITE
In addition to other unauthorized uses of our website set forth elsewhere in the Terms and Conditions of Use, the website’s information and content, the following uses of our website are unauthorized, strictly prohibited and constitute a violation of the Terms and Conditions of Use:
- Attempt to use or use the website for any unlawful purpose or in any unlawful manner;
- Attempt to access or access any content for which you are not expressly authorized.
- Post, use or make available any files or materials in violation or infringement of any third party’s intellectual property rights, right of privacy, right of publicity, trade secret, proprietary right, or any other right of such third party, or solicit others to so post, use or make available.
- Post, use or make available any files or materials which are defamatory, obscene (including child pornography), profane, threatening, stalking, sexist, racist, contrary to any applicable law, statute, or regulation, or otherwise objectionable, or solicit others to so post, use or make available.
- Interfere with the normal functioning of the website, related or associated websites, and/or servers in any manner and any aspect thereof, through introduction of viruses, spyware, worms, Trojan horses, and any other program, file or through any other means that interferes with the normal functioning of the website or which disrupts any other users from accessing and using the website.
- Use a false identity or other deceptive means in order to gain unauthorized access or for any other improper purpose, or to use our name, domain, address, or other identification for any purpose, including creating or using our domain name for pseudonym for email addresses.
- Attempt to access or to use for any purpose by any means any person’s account information, including passwords.
- Attempt to use or use any aspect of this Website for commercial purposes including unauthorized marketing or advertising of any goods or services.
- Make unreasonably large demands on the capacity of the website which materially interferes with the performance of the website.
- Attempt to reverse engineer or use other means to obtain website information and/or data not made available to the user.
- Violation of any terms of any license agreement for which you were required to enter into to access or use licensed software or otherwise infringe any intellectual property rights in said software.
- Violation of any intellectual property rights of us, or anyone else, including but not limited to unauthorized copying, altering, publishing, or re-publishing any material subject to such rights.
- Falsely represent yourself as an instructor or affiliate of the Jim Venetos Golf Academy without consent.
- If we determine that you have, or that you intend to, violate the Terms and Conditions of Use, you agree that we take one or more of the following actions, in addition to any other remedies available to us:
VIOLATION
We may, in our sole discretion, without prior notice and without liability to you or penalty, deny and terminate your access to the website in perpetuity.
We may take institute legal proceedings against you including but not limited to actions at law and/or in equity, including, as appropriate, obtaining a restraining order and injunction. In the case of injunctive relief, you agree that we would suffer irreparable harm and that monetary damages would not provide an adequate remedy.
PRIVACY
Our privacy policy is set forth on the section of this website entitled: Privacy Policy and incorporated by reference herein as if set forth in full.
SUBMISSIONS
When you submit any matter and materials, including text and images, whether for posting or otherwise, you shall be deemed to give us and other users a full, unqualified, irrevocable, transferrable, assignable and perpetual license to use same as we see fit, without monetary or other consideration to you and without royalty. You warrant that any such matter or materials shall be free from claims of others that it infringes any rights of any person or entity, that it is protected by copyright and/or other applicable intellectual property rights, that all required clearances and/or releases have been obtained, and that using same shall not subject us or other users to liability. You further warrant that we shall be free to display and/or publish such matter or materials, in whole or in part, to adapt, edit or translate said matter or materials, and to prepare ancillary and/or derivative works therefrom. We shall not be required to use any such matter or materials, and we reserve the right to remove same if previously used by us. We make no representation or warranty regarding any aspect of any submissions, including but not limited to ownership, accuracy or quality.
WARRANTIES
WE MAKE NO, AND WE DISCLAIM ALL, WARRANTIES, EXPRESS, IMPLIED, OR BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR INTENDED USE. THIS WEBSITE, AND ALL ASPECTS THEREOF, ARE PROVIDED BY US “AS IS” AND “WHERE IS”.
WITHOUT LIMITING THE FOREGOING AND AS A MATERIAL PART OF THE AGREEMENT BETWEEN US AND YOU, WE MAKE NO WARRANTY REGARDING THE CONTINUING OPERATION AND OPERABILITY OF THIS WEBSITE OR TO BE FREE FROM DEFECTS THEREIN, THAT THE WEBSITE IS OR WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER MALICIOUS SOFTWARE OR THAT YOUR PERSONAL INFORMATION MAY NOT BE HACKED OR OTHERWISE IMPROPERLY ACCESSED OR INTERCEPTED, THAT ANY CONTENT OFFERED OR PROVIDED IS OR WILL BE WITHOUT ERRORS OR DEFECTS, THAT ANY CONTENT OR ANY OTHER MATTERS SUBMITTED BY THIRD PARTIES WILL BE ACCURATE OR WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF OTHERS OR IS ACCURATE OR VALID, THAT WE WILL TAKE STEPS TO CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE, AND THAT ANY ASPECT OF THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO CEASE YOUR USE OF THE WEBSITE AND ASSOCIATED CONTENT.
WE FURTHER DO NOT WARRANT ANY CONDUCT, ACTIONS, OR INACTIONS OF ANY THIRD PARTY, INCLUDING ANY VENDOR.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSIONS OF CERTAIN WARRANTIES; SOME EXCLUSIONS MAY THEREFORE NOT BE APPLICABLE IN THOSE JURISDICTIONS.
INJURY
By using this site, I acknowledge the risks of golf, and playing may result in personal injury, illness, permanent disability, and death. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur using the site and the techniques taught. I hereby release, covenant not to sue, discharge, and hold harmless the Jim Venetos Golf Academy, its owners, other employees, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Jim Venetos Golf Academy, its owners, its employees, agents, and representatives, whether before, during, or after participating in any activity relating to Jim Venetos Golf Academy.
LIABILITY LIMITED
We, the Jim Venetos Golf Academy, together with our Directors, Officers, Employees, Members, Managers, Agents, Partners, Vendors, and Suppliers, shall not be responsible or liable to you for any damages, including punitive or exemplary damages, consequential damages, special damages, direct or indirect damages, attorney fees or legal expenses, costs of investigation, loss of profits, or losses of any type incurred in any manner, whether or not such damages, fees, expenses or losses were foreseeable or not, or whether we have been specifically advised of the possibility or probability of any such damage, fee, expense or loss. In no event shall we be liable to you, whether in contract, tort, or any other basis in law or equity, in excess of fifty dollars even if we are found to have liability to you.
Some jurisdictions do not permit limitations of liability for certain types of damages; all of these liability limitations may therefore not be applicable in those jurisdictions.
INDEMNITY
You agree to defend, indemnify and hold us harmless, together with our Directors, Officers, Employees, Members, Managers, Partners, Agents, Vendors, Suppliers, Related and Affiliated Companies, Predecessors and Successors in interest, from any demands, claims, losses, liabilities, fees including reasonable attorney fees and costs associated therewith, made against us arising out of your use of this website or any aspect thereof.
LINKS
Any links provided by this website are strictly provided as a courtesy and convenience, and we are not responsible for any aspect of such linked websites, nor do we endorse same.
UNAVAILABILITY, SUSPENSION OR DISCONTINUANCE
We reserve the right to interrupt and/or suspend the website’s availability for periods of routine or other maintenance, outages, and for any other reason. We also reserve the right to suspend or discontinue all or portions of the website and the services offered for any reason at any time.
