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GolfSwing.com LLC Terms of Use (Member)

Overview

Welcome to GolfSwing! We are a subscription service that provides our members with access to golf instruction videos and other content selected by GolfSwing and provided by golf instructors and golf professionals.

  1. Acceptance of Terms of Use
    1. These Terms of Use (“Terms of Use”), which include our Privacy Statement ([insert hyperlink]), Pricing Schedule, and any other documents, policies, or terms they expressly incorporate by reference, govern your use of the GolfSwing service as a GolfSwing member (“you” or “Member”). By using, visiting, or browsing the GolfSwing website, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the GolfSwing service.
    2. As used in these Terms of Use, “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos (including free, premium, private, and one-time videos), audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The “Service” includes all aspects of GolfSwing, including but not limited to, all products, software, and services offered via the GolfSwing website, free and premium channels, and all features and functionalities, website, and user interfaces.
    3. The Service may contain links to third party websites that are not owned or controlled by GolfSwing. GolfSwing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GolfSwing will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GolfSwing from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  2. Changes to Terms of Use

    GolfSwing may, from time to time and in its sole discretion, amend, modify, or revise these Terms of Use, including the Privacy Statement, Pricing Schedule, and any other documents, policies, or terms they expressly incorporate by reference, and you agree to be bound by such amendments, modifications, or revisions. Such amendments, modifications, or revisions shall be effective immediately; provided, however, for existing Members, such modifications or revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website ([insert hyperlink]).

  3. Privacy

    Personally-identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

  4. Accounts
    1. You must create a GolfSwing Member account to access the features of the Service for Members.
    2. Control over your account is exercised through use of your username and password. Therefore, to maintain exclusive control, you should not reveal the password to anyone. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GolfSwing immediately of any breach of security or unauthorized use of your account. Although GolfSwing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GolfSwing or others due to such unauthorized use.
  5. Use of the Service

    GolfSwing hereby grants you permission to access and use the Service for Members as set forth in these Terms of Use, provided that:

    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a Member of the GolfSwing Service.
    2. The Service and any Content viewed through our Service are for your personal and non-commercial use only. During your GolfSwing membership, we grant you a limited, non-exclusive, non-transferable license to access the Service and view Content through the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
    3. Some, if not most, of the Content found on the Service is provided by third-party providers, and not GolfSwing. Each third-party provider is solely responsible for their Content and for comply with applicable laws related thereto.
    4. You may view GolfSwing Content through the GolfSwing Service only in geographic locations where we offer our Service and have licensed such GolfSwing Content. The Content that may be available to watch may vary by geographic location. GolfSwing will use technologies to verify your geographic location.
    5. You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means GolfSwing may designate.
    6. We continually update the GolfSwing Service, including the Content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of GolfSwing Content, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
    7. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the GolfSwing Service without express written permission from GolfSwing and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
    8. The availability of Content to watch will change from time to time and from location to location. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. GolfSwing makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content show will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected, and the configuration of your viewing device.
    9. We may terminate or restrict your use of our Service, without compensation or notice, if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the Service.
    10. The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to GolfSwing, subject to copyright and other intellectual property rights under the law.
    11. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    12. GolfSwing reserves the right to discontinue any aspect of the Service at any time.
  6. Membership; Free Trials; Billing; Cancellation.
    1. Membership
      1. Ongoing Membership.

        Your GolfSwing membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the GolfSwing Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

      2. Differing Memberships.

        We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with GolfSwing by visiting our website and clicking on the "Your Account" link. [Some promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.] We reserve the right to modify, terminate or otherwise amend our offered membership plans.

    2. Free Trials
      1. Your GolfSwing membership may start with a free trial. The free trial period of your membership lasts for [one] month[s], or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former GolfSwing members only. GolfSwing reserves the right, in its absolute discretion, to determine your free trial eligibility.
      2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "[View billing details]" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      3. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF THE GOLFSWING WEB PAGE (www.golfswing.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
    3. Billing
      1. Recurring Billing.

        By starting your GolfSwing membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the GolfSwing Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

      2. Price Changes.

        We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your Service will take effect following email notice to you.

      3. Billing Cycle.

        The membership fee for our Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your GolfSwing membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle

      4. No Refunds.

        PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

      5. Payment Methods.

        You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the GolfSwing website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    4. Cancellation

      You may cancel your GolfSwing membership at any time, and you will continue to have access to the GolfSwing Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED GOLFSWING CONTENT. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "[View billing details]" link on the "Your Account" page. If you signed up for GolfSwing using your account with a third party as a Payment Method, and wish to cancel your GolfSwing membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the GolfSwing Service through that third party. You may also find billing information about your GolfSwing membership by visiting your account with the applicable third party.

  7. Account Termination Policy.

    Notwithstanding anything herein to the contrary, you agree that GolfSwing, in its sole and absolute discretion, may deactivate your account or otherwise terminate your use of the Service as a Member if we believe that you have (i) breached these Terms of Use, (ii) infringed the intellectual property rights of a third party, (iii) submitted, posted, uploaded, or transmitted unauthorized Content, or (iv) violated or acted inconsistently with these Terms of Use, our Privacy Statement, or any other documents, policies, or terms incorporated herein. You agree that any deactivation or termination of your access to the Service for the foregoing reasons may be effected without prior notice to you and without compensation, and that GolfSwing will not be liable to you nor any third party for any termination of your account information. You acknowledge and agree that GolfSwing may retain and store your information on GolfSwing’s systems for archival purposes, and may continue to maintain and use any of your Content submitted to GolfSwing or on the Service, notwithstanding any termination or your account.

  8. Digital Millennium Copyright Act.
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      You may direct copyright infringement notifications to our DMCA Agent at [5212 Tennyson Parkway, Suite 100, Plano, Texas 75024], U.S.A., email: [insert email address], fax: [insert fax number]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GolfSwing customer service through [insert email address]. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.

    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in [Dallas], Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  9. Disclaimer of Warranties; Limitation of Liability.
    1. Disclaimer of Warranties.

      YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLFSWING, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GOLFSWING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SERVICE, OR THE CONTENT OF ANY SITES LINKED TO THE GOLFSWING WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. GOLFSWING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOLFSWING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    2. Limitation of Liability.
      1. IN NO EVENT SHALL GOLFSWING, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      2. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOLFSWING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      3. NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL GOLFSWING’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO GOLFSWING DURING THE PREVIOUS [6][12] MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

    3. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
  10. Indemnity

    To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GolfSwing, and its, officers, managers, members, employees, attorneys, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. All obligations set forth in this Section 10 will survive these Terms of Use, the deactivation or termination of your account, and your use of the Service.

  11. Use of Information Submitted.

    GolfSwing is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the GolfSwing Service, including the GolfSwing website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products and creating, modifying, or improving the GolfSwing Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note GolfSwing does not accept unsolicited materials or ideas for GolfSwing Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GolfSwing. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against GolfSwing regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  12. Monitoring and Enforcement

    Notwithstanding anything herein to the contrary, GolfSwing has the right to:

    1. remove or refuse to post any Content or Feedback for any or no reason in our sole and absolute discretion;
    2. take any action with respect to any Content or Feedback that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such Content or Feedback violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for GolfSwing;
    3. disclose your identity or other information about you to any third party who claims that any portion of your Content violates their rights, including their intellectual property rights or their right to privacy;
    4. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the GolfSwing website; and
    5. terminate or suspend your access to all or part of the Service or the GolfSwing website for any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the GolfSwing website.

  13. Customer Support

    To find more information about our Service and its features, or if you need assistance with your account, please visit GolfSwing [Help Center] ([insert hyperlink]). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

  14. General Provisions
    1. Amendments; Waiver.

      GolfSwing reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GolfSwing's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND GOLFSWING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    2. Entire Agreement.

      These Terms of Use, together with the Privacy Notice, Pricing Schedule, and any other legal notices published by GolfSwing on the Service, shall constitute the entire agreement between you and GolfSwing concerning the Service.

    3. Communication Preferences.

      By using the GolfSwing Service, you consent to receiving electronic communications from GolfSwing relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the GolfSwing Service or in your account, and will include notices about your account and are part of your relationship with GolfSwing. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new GolfSwing features and content, special offers, and promotional announcements via email or other methods. [If you no longer want to receive certain non-transactional communications, simply go to the "Communication settings" link on the "Your Account" page of our website ([insert hyperlink]) to manage your GolfSwing communications. Please review our Privacy Statement for further detail on our marketing communications.]

    4. Assignment.

      These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by GolfSwing without restriction. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

    5. Governing Law; Venue.

      These Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Texas. You agree that the Service shall be deemed solely based in Texas, and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GolfSwing, either specific or general, in jurisdictions other than Texas. ANY CLAIM OR DISPUTE BETWEEN YOU AND GOLFSWING THAT ARISES IN WHOLE OR IN PART FROM THE SERVICE SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN [DALLAS] COUNTY, TEXAS.

    6. Severability.

      If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.



GolfSwing.com LLC Terms of Use (Content Provider)

Overview

Welcome to GolfSwing! We are a subscription service that provides our members with access to golf instruction videos and other content selected by GolfSwing and provided by golf instructors and golf professionals.

  1. Acceptance of Terms of Use.
    1. These Terms of Use (“Terms of Use”), which include our Privacy Statement ([insert hyperlink]), Payment Schedule, and any other documents, policies, or terms they expressly incorporate by reference, govern your use of the GolfSwing service as a GolfSwing content provider (“you” or “Content Provider”). By using, visiting, or browsing the GolfSwing website or requesting or submitting any videos for Audition (defined in Section 6 below), you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the GolfSwing service.
    2. As used in these Terms of Use, “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos (including free, premium, private, and one-time videos), audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The “Service” includes all aspects of GolfSwing, including but not limited to, all products, software, and services offered via the GolfSwing website, free and premium channels, and all features and functionalities, website, and user interfaces.
    3. [The Service may contain links to third party websites that are not owned or controlled by GolfSwing. GolfSwing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GolfSwing will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GolfSwing from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.]
  2. Changes to Terms of Use.

    GolfSwing may, from time to time and in its sole discretion, amend, modify, or revise these Terms of Use, including the Privacy Statement, Payment Schedule, and any other documents, policies, or terms they expressly incorporate by reference, and you agree to be bound by such amendments, modifications, or revisions. Such amendments, modifications, or revisions shall be effective immediately; provided, however, for existing Content Providers, such modifications or revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website ([insert hyperlink]).

  3. Privacy.

    Personally-identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

  4. Accounts.
    1. You must create a GolfSwing Content Provider account to access the features of the Service for Content Providers and to request and upload videos for Audition. Additionally, you may create a GolfSwing user account if you wish to access features of the Service for users.
    2. Control over your account is exercised through use of your username and password. Therefore, to maintain exclusive control, you should not reveal the password to anyone. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GolfSwing immediately of any breach of security or unauthorized use of your account. Although GolfSwing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GolfSwing or others due to such unauthorized use.
  5. Use of the Service.

    GolfSwing hereby grants you permission to access and use the Service for Content Providers as set forth in these Terms of Use, provided that:

    1. You agree not to distribute in any medium any part of the Service or the Content without GolfSwing's prior written authorization, unless GolfSwing makes available the means for such distribution through functionality offered by the Service.
    2. You agree not to alter or modify any part of the Service.
    3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means GolfSwing may designate.
    4. You agree not to use the Service for any of the following commercial uses unless you obtain GolfSwing's prior written approval:
      1. the sale of access to the Service.
      2. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
      3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from GolfSwing appears on the same page and is of sufficient value to be the basis for such sales.
    5. Prohibited commercial uses do not include:
      1. uploading an original video to GolfSwing pursuant to an Audition; or
      2. any use that GolfSwing expressly authorizes in writing.
    6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the GolfSwing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GolfSwing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GolfSwing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    7. The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to GolfSwing, subject to copyright and other intellectual property rights under the law.
    8. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    9. In your use of the Service, you will comply with all applicable laws.
    10. GolfSwing reserves the right to discontinue any aspect of the Service at any time.
  6. Audition and Submission of Your Content; Conduct.
    1. As a GolfSwing Content Provider account holder, you may request and upload videos to GolfSwing for consideration as Content to the Service (“Audition”). You may request an audition by selecting “Audition” on the GolfSwing website. GolfSwing may, in its absolute and sole discretion, select any such submitted videos as Content. You understand that GolfSwing does not guarantee that any videos you submit for an Audition will be selected as Content, and GolfSwing does not guarantee any confidentiality with respect to any videos you submit for an Audition or any videos selected as Content.
    2. If selected through an Audition, you shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that: (i) you are 18 years of age or older, or the age of majority in your province, territory, or country; (ii) you have all necessary rights, licenses, consents, and/or clearances to provide such Content and permit us to use such Content as provided herein; (iii) such Content is accurate and reasonably complete; (iv) as between you and GolfSwing, you are responsible for the payment of third party fees, if any, related to the provision and use of such Content; (v) such Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices; (vi) [such Content does not include any person under the age of 13]; (vii) you license to GolfSwing all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use; and (viii) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the GolfSwing website from time to time. All Content you submit to the Service or that is otherwise made available to GolfSwing will be considered non-confidential and non-proprietary, and by so doing, you hereby grant GolfSwing and our service providers, and each other and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to GolfSwing, you hereby grant GolfSwing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and GolfSwing's (and its successors' and affiliates') business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service and under these Terms of Use and terms applicable to users of the Service. The above licenses granted by you in Content you submit to the Service terminate [within a commercially reasonable time][12 months] after your account is deactivated or terminated for any reason. You understand and agree, however, that GolfSwing may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    4. You further acknowledge and agree that GolfSwing, in its sole and absolute discretion, may curate, modify, organize and reorganize, suspend, or remove any of your Content at any time.
    5. You further acknowledge and agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GolfSwing all of the license rights granted herein.
    6. [GolfSwing does not endorse any Content submitted to the Service by any Content Provider, user, or other licensor, or any opinion, recommendation, or advice expressed therein, and GolfSwing expressly disclaims any and all liability in connection with Content.] GolfSwing does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and GolfSwing will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GolfSwing reserves the right to remove Content without prior notice.
  7. Account Termination Policy.
    1. You agree that GolfSwing, in its sole and absolute discretion, may deactivate your account or otherwise terminate your use of the Service as a Content Provider if we believe that you have (i) breached these Terms of Use, (ii) infringed the intellectual property rights of a third party, (iii) submitted, posted, uploaded, or transmitted unauthorized Content, or (iv) violated or acted inconsistently with these Terms of Use, our Privacy Statement, or any other documents, policies, or terms incorporated herein. You agree that any deactivation or termination of your access to the Service for the foregoing reasons may be effected without prior notice to you and without compensation, and that GolfSwing will not be liable to you nor any third party for any termination of your account information. You acknowledge and agree that GolfSwing may retain and store your information on GolfSwing’s systems for archival purposes notwithstanding any termination or your account.
    2. You may deactivate and terminate your Content Provider account at any time [by following the instructions for deactivation on the “Your Account” page of our website.
    3. Notwithstanding anything herein to the contrary, GolfSwing may, in its sole and absolute discretion, maintain and use any of your Content submitted to GolfSwing or on the Service for up to [12 months] after termination of your account for any reason.
  8. Digital Millennium Copyright Act.
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      You may direct copyright infringement notifications to our DMCA Agent at [5212 Tennyson Parkway, Suite 100, Plano, Texas 75024], U.S.A., email: [insert email address], fax: [insert fax number]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GolfSwing customer service through [insert email address]. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in [Dallas], Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, GolfSwing may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GolfSwing's sole discretion.
  9. Payment Policy.

    If you are selected through an Audition and any of your Content is made available on the Service, GolfSwing shall pay you in accordance with the terms and conditions of the Payment Schedule, a copy of which is available [upon request][at [insert hyperlink]]. Payment may be based on payment tiers set forth in the Payment Schedule, which may certain criteria and qualifications, such as number of videos selected as Content, rate of videos submitted for Auditions and/or selected as Content, quality, and popularity. Additional payment may also be available in connection with certain member subscriptions based on referrals or your preexisting relationships, which is also set forth in the Payment Schedule. All payment by GolfSwing to you shall be in United States Dollars.

  10. Disclaimer of Warranties; Limitation of Liability.
    1. Disclaimer of Warranties

      YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLFSWING, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GOLFSWING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SERVICE, OR THE CONTENT OF ANY SITES LINKED TO THE GOLFSWING WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. GOLFSWING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOLFSWING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    2. Limitation of Liability.
      1. IN NO EVENT SHALL GOLFSWING, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
      2. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOLFSWING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
      3. NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL GOLFSWING’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO YOU BY GOLFSWING DURING THE PREVIOUS [6][12] MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
    3. Indemnity.

      To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GolfSwing, and its, officers, managers, members, employees, attorneys, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. All obligations set forth in this Section 11 will survive these Terms of Use, the deactivation or termination of your account, and your use of the Service.

    4. Use of Information Submitted.

      GolfSwing is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the GolfSwing Service, including the GolfSwing website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products and creating, modifying, or improving the GolfSwing Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note GolfSwing does not accept unsolicited materials or ideas for GolfSwing Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GolfSwing. Except for material submitted through an Audition, should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against GolfSwing regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

    5. Monitoring and Enforcement.

      Notwithstanding anything herein to the contrary, GolfSwing has the right to:

      1. remove or refuse to post any Content or Feedback for any or no reason in our sole and absolute discretion;
      2. take any action with respect to any Content or Feedback that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such Content or Feedback violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for GolfSwing;
      3. disclose your identity or other information about you to any third party who claims that any portion of your Content violates their rights, including their intellectual property rights or their right to privacy;
      4. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the GolfSwing website; and
      5. terminate or suspend your access to all or part of the Service or the GolfSwing website for any violation of these Terms of Use.
      6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the GolfSwing website.

    6. General Provisions.
      1. Amendments; Waiver.

        GolfSwing reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GolfSwing's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND GOLFSWING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

      2. Entire Agreement.

        These Terms of Use, together with the Privacy Notice, Payment Schedule, and any other legal notices published by GolfSwing on the Service, shall constitute the entire agreement between you and GolfSwing concerning the Service.

      3. Communication Preferences.

        By using the GolfSwing Service, you consent to receiving electronic communications from GolfSwing relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the GolfSwing Service or in your account, and will include notices about your account and are part of your relationship with GolfSwing. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new GolfSwing features and content, special offers, and promotional announcements via email or other methods. [If you no longer want to receive certain non-transactional communications, simply go to the "Communication settings" link on the "Your Account" page of our website ([insert hyperlink]) to manage your GolfSwing communications. Please review our Privacy Statement for further detail on our marketing communications.]

      4. Assignment.

        These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by GolfSwing without restriction. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

      5. Governing Law; Venue.

        These Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Texas. You agree that the Service shall be deemed solely based in Texas, and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GolfSwing, either specific or general, in jurisdictions other than Texas. ANY CLAIM OR DISPUTE BETWEEN YOU AND GOLFSWING THAT ARISES IN WHOLE OR IN PART FROM THE SERVICE SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN [DALLAS] COUNTY, TEXAS.

      6. Severability.

        If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.