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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/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:
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.
We absolutely value your privacy. When you visit our website, email us, call us, or make purchases, we may collect certain personal information such as your name, mailing address, phone number, and email address. We may also collect information related to purchases such as dates of purchase, the product purchased and serial number, and credit card information. We also may collect information so that we may better serve all of our visitors. This information may include information such as reasons why you are interested in our services and products, your level of education, your occupation, and how we can deliver the best experience we can.
The other side of collection is disclosure. We maintain policies and procedures to safeguard any information collected. We do not make any collected information available to unrelated third parties whether for sale, rent, or for free, without your consent. Such information, however, may be required to be provided to businesses that assist us in customer service, including the taking and fulfillment of orders, handling financial details regarding such orders including credit card orders, taking and assessing customer feedback, and handling shipping and delivery. Disclosure of collected information may also be required by subpoena, court order, or other valid legal process from any authorized government agency or Court.
User feedback is not confidential, and may be shared with others. Also, we cannot guarantee that any transmissions may or will not be intercepted or hacked by third parties, whether or not encryption is used.
Notwithstanding the foregoing, we reserve the right to disclose or reveal all or part of any of your personal information if required in connection with any investigation, claim or complaint arising out of your use of the website, or to protect the rights, safety and/or welfare of us, other users, and the public at large. We also reserve the right to disclose or reveal any personal information that we believe to be necessary to comply with any applicable law, response to legal process, or valid request by a governmental agency.
It is your responsibility to notify us immediately if you become aware of any unauthorized use of your account or other security breach.
SMS/Text Messaging
We may use SMS/text messaging to communicate with you for purposes such as promotions, alerts, and updates. We will not share or sell your mobile number to third parties for marketing purposes. Message frequency may vary. Message and data rates may apply. To opt out of our SMS/text messaging service, reply STOP to any message you receive.
GENERAL
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by the Jim Venetos Golf Academy (“JimVenetosGolfAcademy.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between JimVenetosGolfAcademy.com and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).
Please read this agreement careful as it represents a legally binding agreement between you and JimVenetosGolfAcademy.com. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. JimVenetosGolfAcademy.com may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that JimVenetosGolfAcademy.com believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
REFERRAL TRACKING
JimVenetosGolfAcademy.com will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to JimVenetosGolfAcademy.com. JimVenetosGolfAcademy.com will track users who have visited these Referral Links using cookies which expire after 90 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. JimVenetosGolfAcademy.com is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
AFFILIATE FEES AND PAYOUTS
A referral will become eligible for payout (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
The referral makes a purchase of a new Premium Plan subscription with a term that is one year or longer and has paid in full.
The referral’s account remains active and in good standing.
The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default JimVenetosGolfAcademy.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by JimVenetosGolfAcademy.com in its sole discretion. Payment will be made through PayPal against a valid invoice issued by the Affiliate using the invoice generation and submission tool located in the Affiliate Dashboard. The Affiliate is responsible for providing JimVenetosGolfAcademy.com with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 3 calendar months.
In the event of any activity deemed suspicious by JimVenetosGolfAcademy.com, JimVenetosGolfAcademy.com may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. JimVenetosGolfAcademy.com reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through JimVenetosGolfAcademy.com promotional or special offers are not eligible for payout.
ADVERTISEMENTS
JimVenetosGolfAcademy.com hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the JimVenetosGolfAcademy.com logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain JimVenetosGolfAcademy.com’s logos or service marks in good taste. The Affiliate may not use JimVenetosGolfAcademy.com’s logos or service marks in a manner that, in JimVenetosGolfAcademy.com’s sole discretion, portrays JimVenetosGolfAcademy.com in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
JimVenetosGolfAcademy.com may, without prior notice, require the Affiliate to remove or modify any advertisements in JimVenetosGolfAcademy.com’s sole discretion.
TERMINATION
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
JimVenetosGolfAcademy.com reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that JimVenetosGolfAcademy.com, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
RELATIONSHIP OF PARTIES
JimVenetosGolfAcademy.com and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on JimVenetosGolfAcademy.com’s behalf.
LIMITATION OF LIABILITY
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. JimVenetosGolfAcademy.com makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
JimVenetosGolfAcademy.com is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless JimVenetosGolfAcademy.com, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
MODIFICATION
JimVenetosGolfAcademy.com may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://www.JimVenetosGolfAcademy.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
MISCELLANEOUS
The Affiliate warrants and represents that it is over the age of 19 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. JimVenetosGolfAcademy.com reserves the right to terminate the Affiliate’s participation in the Affiliate Program if JimVenetosGolfAcademy.com determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between JimVenetosGolfAcademy.com and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of California.