Terms and Conditions
Please read this document carefully. Fitter Golfers ("we," or "us") provides online golf fitness programmes located at fittergolfers.com (the "Fitter Golfers Site" or the "Site"). By registering as a member and/or using the Fitter Golfers Programmes, you accept these Terms and Conditions ("Agreement" or "Terms"), which forms a binding agreement between you and Fitter Golfers.
Prior to using any of the Fitter Golfers Programmes, it is important for you to know and understand that by visiting the Site and/or using the Programmes, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Fitter Golfers Programmes is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Programmes or your use of the Programmes.
If you do not accept and agree to be bound by all of the Terms of this Agreement, Limitations of Liability, Warranty Disclaimers and General Health and Legal Disclaimers, do not use the Site or any of the Fitter Golfers Programmes.
By using any of the Fitter Golfers Programmes, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Programmes and terminate your account.
Please contact us with any questions regarding this Agreement.
Please be advised that there are inherent risks involved in participating in any exercise programme and the user releases fittergolfers.com and all parties involved in the distribution of the information contained herein from liability. By using any information provided by fittergolfers.com, the user is assuming all risks of injury that might result. fittergolfers.com, its employees and instructors shall not be liable for any claims for injuries or damages whatsoever, resulting from or connected with the use of this site. You are advised to seek the advice of your doctor before beginning any exercise programme in order to determine if is appropriate for you. This is particularly true if you, or any family members, have a history of high blood pressure or heart disease, or if you have ever experienced chest pain while exercising, smoke, have high cholesterol, or have a bone or joint condition that could be worsened by exercising. Do not use Fitter Golfers Programmes if your doctor, or any other health care provider, advises against it. As with any exercise programme, if at any point during your workout you feel faint, dizzy, or have physical discomfort, you should stop immediately and if you deem it appropriate consult your doctor.
Your Representations and Warranties as a Registered Member
In registering as a member of Fitter Golfers with the intent of using any of the Fitter Golfers Programmes, you affirm that all of the following statements are true:
you have never been informed that you have a heart condition or that you should only do physical activities recommended by a doctor
you have never felt chest pain when engaging in physical activity
you have not experienced chest pain when not engaged in physical activity at any time within the past six months
you have never lost your balance because of dizziness and you have never lost consciousness
you do not have a bone or joint condition that could be made worse by undertaking an exercise programme
your doctor is not currently prescribing you drugs for high blood pressure or a heart condition
you do not have a history of high blood pressure, and neither does anyone in your immediate family have a history of high blood pressure or heart problems
you do not know of any other reason why you should not exercise
… or that your doctor has specifically approved of your use of the Fitter Golfers Programmes.
If applicable, you further affirm that you are not pregnant or, if so, your doctor has specifically approved your use of Fitter Golfers Programmes.
Fitter Golfers provides its Programmes on an "as is" and "as available" basis. You therefore use the Fitter Golfers Programmes at your own risk.
Fitter Golfers expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fitter Golfers makes no representations or warranties that the Fitter Golfers Programmes, or any particular fitness programme is suitable for you:
regarding the adequacy or safety of the Fitter Golfers Programmes for any particular user
that the Fitter Golfers Programmes will meet your personal needs
that the Fitter Golfers provision will be uninterrupted or error-free
that Fitter Golfers will continue to support any particular feature of the Fitter Golfers Programme, or concerning sites and resources outside of the Fitter Golfers Provision, even if linked to from the Fitter Golfers Site
All content in the Fitter Golfers Programmes is protected by copyright and remains the property of Fitter Golfers. We reserve the right to update videos and/or remove items of content at any time.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitter Golfers Programmes. Fitter Golfers has no obligation to screen or monitor any content and does not guarantee that any content made available on the Fitter Golfers Site complies with this Agreement or is suitable for all users. Fitter Golfers shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Fitter Golfers Content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fitter Golfers Programme, and no warranties shall apply after such period.
Limitation of Liability
To the fullest extent permitted by law:
in no event shall Fitter Golfers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses
Fitter Golfers total liability to you shall not exceed the amounts paid by you to Fitter Golfers over the twelve (12) months preceding your claim(s)
If you do not accept this limitation of liability, you are not authorized to obtain or access any material through the Fitter Golfers Site.
Consent to Email
When you register an account, you agree and consent to receive email messages from us. These emails may be transactional or communications relating to the Site’s provision, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers.
Registration: To gain full access to the Fitter Golfers Programmes, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Fitter Golfers and notify us if your information changes.
User name: You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Non-commercial usage: the Site is for personal use only. Registered members may not use any material provided by Fitter Golfers in connection with any commercial practices.
No information obtained from the Site can be used for advertising purposes, nor to solicit or sell to any other user. Organizations, companies, and/or businesses may not use the Fitter Golfers Programmes or the Site for any purpose unless expressly authorized by Fitter Golfers. If you wish to inquire about possible commercial use, please contact us at firstname.lastname@example.org.
Fitter Golfers may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Fitter Golfers Programmes.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fitter Golfers Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at email@example.com.
If you purchase a Fitter Golfers video, you agree to pay the charges made to your account in connection therewith. You will be charged in accordance with the billing terms you agreed to at the time of purchase. All purchases will be conducted via PayPal.
If you provide a payment and our charge results in an overdraft or any other fee from your bank, you alone are responsible for that fee.
Term and Termination; Account Deletion
Term: This Agreement begins on the date you first use the Fitter Golfers Site and continues as long as you possess a registered account with us.
Account Deletion: You may delete your account at any time. We reserve the right, but are under no obligation, to delete an account from the Fitter Golfers Site that remains inactive (i.e. the user fails to log in) for a continuous period of at least six (6) months.
Termination for Breach: Fitter Golfers may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement. If Fitter Golfers deletes your account for the foregoing reasons, you may not re-register to regain access to the Fitter Golfers Programmes. Fitter Golfers may block your email address and Internet protocol address to prevent further registration. Fitter Golfers is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your registration/account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Code of Conduct and Prohibited Activities
In using the Fitter Golfers Programmes, you will not and it is strictly prohibited to:
act in a deceitful manner by, among other things, impersonating another person
"frame" or "mirror" any part of the Fitter Golfers Programmes or the Site
use meta tags or code or other devices containing any reference to Fitter Golfers, the Site or the Programmes (or any trademark, trade name, service mark, logo or slogan of Fitter Golfers) to direct any person to any other website for any purpose
modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Fitter Golfers Programmes or the Site or any software used on or for the Fitter Golfers Programmes or the Site, or cause others to do so
post, use, transmit or distribute, directly or indirectly (e.g. print screen) in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Fitter Golfers Programmes in accordance with this Agreement
advertise or solicit others to purchase any provision or product within the Site
participate in any activity that in any way violates any law
Your use of the Site and Fitter Golfers Programmes, must comply with all applicable laws and regulations. You agree that Fitter Golfers may access, preserve and disclose your account information and content if required to do so by law or, in good faith, believe that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to your requests for customer service or allow you to use the Site in the future; or (iv) protect the rights, property or personal safety of Fitter Golfers or its officers and staff.
License to Use the Fitter Golfers Programme
License: Fitter Golfers grants you a limited, non-exclusive license to access and use the Fitter Golfers Programmes for your own personal, non-commercial purposes. This includes the right to view content available on the Fitter Golfers Programmes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions: Except as expressly permitted by Fitter Golfers in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fitter Golfers Programmes. Nor will you take any measures to interfere with or damage the Fitter Golfers Programmes. All rights not expressly granted by Fitter Golfers are reserved.
Third Party Links and Content
Certain links on the Site may let you leave the Fitter Golfers Site in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that Fitter Golfers does not control these sites, nor has Fitter Golfers reviewed or approved the content which appears on the linked sites. Fitter Golfers is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Fitter Golfers 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 the linked sites.
Dealings with Third Parties
More specifically, your participation, correspondence or business dealings with any third party found on or through the Site (i.e. a linked 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 Fitter Golfers shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Site and the Fitter Golfers Programmes contain software, graphics, photos, videos, knowledge, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content generated by Fitter Golfers and Content expressively developed for Fitter Golfers is copyrighted individually and/or as a collective work under the U.K. copyright laws; further, Fitter Golfers owns a copyright in the selection, co-ordination, arrangement and enhancement of all Content in the Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Fitter Golfers Programmes, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Fitter Golfers name, logos and affiliated applications and technologies are the exclusive property of Fitter Golfers. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in the Site and Fitter Golfers Programmes should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Fitter Golfers owns and retains all proprietary rights in the Site and the Fitter Golfers Programmes, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Fitter Golfers Programmes, without first obtaining the prior written consent of Fitter Golfers or, if such property is not owned by Fitter Golfers, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Arbitration and Governing Law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Fitter Golfers Programmes, or the Site shall be binding arbitration administered by the Advisory Conciliation and Arbitration Service (ACAS). The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fitter Golfers in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Fitter Golfers any group-action, group-arbitration, or any other representative action or proceeding.
By using the Site or the Fitter Golfers Programmes, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Fitter Golfers (except for matters that may be taken to small-claims court). You also give up your right to participate in a group-action litigation. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Fitter Golfers (except for small-claims court actions) may be commenced only in a UK court of law. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Fitter Golfers, shall be governed by UK law without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Arbitration Act (1996).
Interpretation; Severability; Waiver; Remedies: The headings herein contained are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fitter Golfers in exercising any right hereunder will waive any further exercise of that right. Fitter Golfers rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No third party beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without the prior written consent of Fitter Golfers. No third party shall have any rights hereunder.
Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Fitter Golfers electronically. Fitter Golfers may provide all such communications by email or by posting them on the Site.
For support-related inquiries, you may send an email to firstname.lastname@example.org
Nothing herein shall limit the right of Fitter Golfers to object to summons, claims, or other demands.
Modification: This Agreement may not be modified except by a revised Terms of Service posted by Fitter Golfers on the Site, or a written amendment signed by an authorized representative of Fitter Golfers. A revised Terms of Service will be effective as of the date it is posted on the Site.
END OF DOCUMENT
17th January 2015