PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. HSP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF THE SITE FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT. THIS TOS IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.
1. Limited License; Use of services
PDG grants to You a limited, personal, non-exclusive and non-transferable right and license to access the Site and use the services thereon. Unless otherwise specified in writing, the Site and the services contained thereon are for Your personal and non-commercial use only.
2. Prohibited Activities
You consent and agree that You will not: copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site; access the Site by any means other than through the standard industry accepted or PDG-provided interfaces; transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; impersonate any person or entity, including without limitation, an PDG official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent Your affiliation with such a person or entity; post or transmit any material that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature; use of any Site communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; violate any applicable local, state, national or international law; upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; delete or revise any material posted by any other person or entity; manipulate or otherwise display the Site by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any PDG product or service if You are not expressly authorized by such party to do so; or use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site services in any manner that could damage, disable, overburden or impair PDG's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the services. Furthermore, You may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to PDG through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
PDG has no obligation whatsoever to monitor any of the content or postings on the Site. However, You acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason, to repost any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. You are responsible for adhering to any size and usage limitations.
4. Third Party Content
In general, the content contained on any the Site may be supplied in whole or in part by third parties and users such as Yourself. Accordingly, PDG is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not PDG. Neither PDG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, PDG neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized PDG representative while acting in his/her official capacity.
5. Accounts, Passwords, and Security
If You are ever asked to open an account, You must complete the registration process by providing PDG with current, complete and accurate information including Your name, address, golfing statistics, height, weight, and other athletic related data, as prompted by the applicable registration form. You acknowledge that by providing any information to PDG which is untrue, inaccurate, not current or incomplete, PDG reserves the right to terminate your account and Your continued access and use of the Site and/or the services contained thereon. As part of the registration process, You will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of Your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify PDG immediately of any unauthorized use of Your account or any other breach of security. PDG will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You may be held liable for any losses incurred by PDG or another party due to someone else using Your account or password.
6. Disclaimer Regarding Links
The links on any of Site will let You leave the Site You and direct You to access a linked site (the "Linked Site"). PDG provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has PDG reviewed or approved the content which appears on any Linked Site(s). PDG is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Site. You acknowledge and agree that PDG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through a Linked Site.
7. Dealings With Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that PDG shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
8. Proprietary Rights
The Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained on the Site. By posting content (“Submissions”), on the service, a user expressly consents to PDG displaying and/or reposting such content on the Site and any PDG affiliated publications, distributing such content, and using such content for promotional and marketing purposes.
Except as otherwise stated in this TOS, all information on the Site (and Submissions), including but not limited to player measurements, peak performance ranges, golfing drills, conditioning exercises and performance behavior coaching is confidential and the property of PDG and cannot be duplicated, copied or used in any way other than for use by the member and member’s coaches and family for evaluation of Your biomechanical analysis and implementation of the custom program developed solely for You. Any duplication, reproduction or reuse of this information by any individual is strictly prohibited without the express written consent of PDG. None of the Submissions disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on PDG's part and we shall not be liable for any use or disclosure of any such Submissions.
9. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the US copyright law. If You believe in good faith that materials hosted by PDG infringe Your copyright, You, or Your agent may send to PDG a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon PDG actual knowledge of facts or circumstances from which infringing material or acts are evident. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send to PDG a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. We suggest that You consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Disclaimer of Warranties
THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PDG AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY SERVICES CONTAINED THEREON, AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
NEITHER PDG NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR ANY SERVICES CONTAINED THEREON; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE, or (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL PDG'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE OR ANY SERVICES CONTAINED THEREON.
13. Professional Advice Disclaimer
BEFORE PARTICIPATING IN ANY PHYSICAL CONDITIONING, STRENGTH TRAINING AND GOLFING DRILLS PROGRAM, YOU SHOULD SEEK PERMISSION AND ADVISE FROM YOUR PHYSICIAN. PDG IS NOT NOT RESPONSIBLE FOR ANY INJURIES THAT MAY BE CAUSED FROM THE USE OF THIS SITE OR BY FOLLOWING THE GUIDANCE OFFERED HEREIN. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS DONE SOLELY AT YOUR OWN RISK.
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES CONTAINED THERON ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, A SUBSTITUTE FOR THE RECEIPT OF PROFESSIONAL, MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF PROFESSIONAL MEDICAL CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, PHYSICAL THERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND PDG MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You agree to indemnify, defend, and hold PDG and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) Your breach of this TOS, (ii) any allegation that any materials that You submit to PDG or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) Your access or use of the Site and/or the services contained theron. This Section 15 shall survive indefinitely in the event that this TOS is terminated for any reason.
15. Jurisdictional Issues
PDG makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the services contained thereon from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. PDG reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that PDG, in its sole discretion, may terminate Your password, account (in whole or in part), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section 17 may be effective without prior notice to You. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on Your part shall survive indefinitely.
17. Dispute Resolution; Governing Law; Consent to Jurisdiction
Any controversy or claim arising out of, or relating to, this TOS, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Santa Barbara. PDG on the one hand and You on the other, shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If PDG and You are unable to agree on an arbitrator, PDG and You shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party. This TOS shall be governed by and construed under and pursuant to the laws of the State of California applicable to contracts made and to be performed entirely within such State without regard to California's conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these TOS shall be filed and maintained only in a state or federal court located in Santa Barbara County, California and by accessing the Site, the parties consent to the jurisdiction of the State of California.
18. Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND PDG SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 18, YOU MUST NOTIFY PDG IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE EMAILED TO INFO@PUREDISTANCEGOLF.COM AND MUST INCLUDE:
(1) YOUR NAME
(2) YOUR ADDRESS
(3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND
(4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PDG THROUGH ARBITRATION.
19. General Information
This Agreement constitutes the entire agreement and understanding between You and PDG and governs Your use of the Site, superseding any prior agreements between You and PDG. The failure of PDG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by You except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without Your consent. No waiver by PDG of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
© COPYRIGHT 2018 PURE DISTANCE GOLF. ALL RIGHTS RESERVED.