Inpractis PlayersClub™ Terms of Service Agreement (TOSA)

This website contains a variety of content and services ("Service") provided by Inpractis Corporation ("Inpractis"). The Service, which is hosted on Inpractis servers or contracted servers, offers Users (defined below) of www.inpractis.com, www.swingpractis.com as well as affiliate websites for which Inpractis provides customized golf related content (the "Site" or collectively, the "Sites") access to (i) information, software and other content owned or licensed by Inpractis and the third-party affiliates for which Inpractis hosts customized golf content web pages (the "Content Providers"); (ii) merchandise and services offered by Inpractis and independent merchants ("Merchants"); and (iii) member benefits such as instructional tools, discounts, and rewards programs.

User Agreement. To protect the interests of other Site Users and the Service's information and service providers, we require all Users to abide by the rules of service. Thus, by registering as a member or by using the Service, you agree to be bound by all of the terms and conditions of service set forth in this Terms of Service Agreement and all rules or policies posted on the Service (collectively, "TOSA") for as long as you remain a User. For purposes of this TOSA, "User" means any person who registers as a User or otherwise uses the Service or any Site. By using the Service you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian.

We encourage you to carefully review this TOSA. The current version of the Inpractis TOSA agreement will always be available to all Users from the bottom of any page of the Sites.

Termination of Service. You understand and agree that, without prior notice and in Inpractis' sole discretion, your access to and use of this Service may be terminated or suspended; and further, that the Service may also exercise any other remedy available and remove any unauthorized User Content (as defined below), if Inpractis believes that your use of the Service, Site, or any User Content you provided violates or is inconsistent with this TOSA, or violates the rights of Inpractis, another User or applicable law. Suspension or termination of your authorization to use the Service also terminates your license, if any, to use any Software provided by Inpractis. You acknowledge and agree that monetary damages may be insufficient to remedy violations of the TOSA, and you consent to injunctive or other equitable relief for such violations. Further, you agree that Inpractis is not required to refund to you any money you may have paid if you are terminated as a User.

In the event you are dissatisfied with the Service for any reason you may terminate this Agreement at any time. Your sole and exclusive remedy is to terminate your use of the service by notice to Inpractis pursuant to this Agreement. Inpractis shall not be responsible for any loss or damage that result from termination or suspension of User's access or account. The provisions of this Agreement will survive the termination of the Agreement or your access, whether terminated by you or Inpractis.

Copyright - Notice and Limitations on Use. The contents of the Service (the "Content" collectively) are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this TOSA, you may not copy, reproduce, publish, retransmit, redistribute, publish commercially, exploit or otherwise transfer any copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. You may download or make a single copy of copyrighted materials solely for your own personal use, provided you preserve any copyright or other notices contained in or associated with them. Inpractis shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Inpractis spokesperson. Service advertisers, Content Providers, Users, independent writers and experts are not authorized Inpractis spokespersons. At no time should the opinions, views, advice or statements provided by Inpractis, Service advertisers, Content Providers, Users, independent writers or experts be relied upon for important personal decisions without independent verification. Except as may be stated in the license agreement accompanying any software provided you through or in connection with the Service ("Software"), you are granted only a personal, non-exclusive and non-transferable license to use certain Software while your use continues in compliance with this TOSA. Unauthorized use and copying of any such Software is prohibited at all times.

User Conduct and Content. As a User of this Site, you will be responsible for, and assume all liability associated with, any material you, or anyone using your e-mail account, username and password, make available to or through the Service, including but not limited to liability for claims of infringement of intellectual property rights and defamation. You shall not post, transmit through, or otherwise make available on the Service: (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (ii) any copyrighted material, without the express prior written consent of the owner thereof; or (iii) without the express prior written consent of Inpractis, any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although Inpractis does not and cannot review every message posted by Users on the Service, Inpractis shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may, but is not obligated to, refuse to display or remove from the Service any material which Inpractis, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Content that you author under this Agreement ("User Content") that you post, transmit through or otherwise make available on the Service in public posting areas such as discussion groups, chat rooms, etc., shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by Inpractis (or other Users) for any purpose without your permission. You acknowledge that any User Content you post, transmit through or otherwise make available on the Service may be edited, removed, modified, published, transmitted and displayed by Inpractis, and you waive, and agree never to assert, any moral rights you may have in such User Content.

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor, copy web pages or the Content contained in the Service, to refresh or otherwise manipulate the Site to achieve points or other benefits related to use, or for any other unauthorized purpose without our prior, express written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service and the Site; and (c) take any action that imposes an unreasonable or disproportionately large load on Inpractis' hardware and software infrastructure.

Registered Users' Account Responsibilities and Fees. If you register for the Service, you are responsible for ensuring that all use of the Service under your Account complies with the provisions of this TOSA. You are responsible for maintaining the confidentiality of your password. Inpractis is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by Inpractis.

Inpractis reserves the right to change User's username and password based solely on its discretion. Inpractis will track and monitor use of usernames and in the event that a username is being used by multiple IP Addresses then Inpractis shall retain the right to cancel your username and supply you with a new one. Inpractis reserves the right to cancel your membership hereunder upon the occurrence of repeated username distribution as described above.

It is the User's responsibility to enter and maintain a valid email address in his/her account profile. The Service communicates primarily with Users via email, which includes but is not limited to confirmations, auto-renewal reminders, login reminders, and changes in service. Inpractis is not responsible for outdated or invalid email address or Spam filters put in place by the User, which prevent successful transmission of important information. Email addresses can be updated by clicking the "My Account" item on the web page.

Players Club Annual Subscription. When you sign up as a new Players Club member, you will be billed the current annual fee in full at the time you enroll, subject to a 14-day money-back guarantee on the first-year membership purchase (less incurred shipping and handling ("S&H"), if applicable). Subsequent annual auto-renewals are not subject to the 14-day money-back guarantee. Any incurred Shipping & Handling (S&H) fees are non-refundable and vary depending on location. You will be advised of any applicable S&H fees before your order is processed.

To cancel during the first 14 days of your first-year membership, login and select the link under "My Account" called "Cancel Membership". Follow the directions under this link for canceling the membership.

Be advised that should you cancel within your 14-day money-back guarantee, you will not receive your membership kit and any free offer(s). Should you receive your shipment and then cancel within the 14-day money-back guarantee, any incurred S&H fees are non-refundable. Free offer(s) are only valid with new, first-year memberships. Any software features that were activated as part of the membership will be deactivated and will cease to function.

If you do not cancel your first-year subscription within the first 14 days following your registration, you will not receive a refund. You may cancel your membership at any time; however, membership fees will not be refunded after the first 14 days from when you originally registered.

If you remain an active member at your next annual billing date and have not indicated otherwise, your account will automatically renew at the current annual fee and be billed to the credit card you designated when you registered for the Service. Auto-renewals are not subject to the 14-day money-back guarantee and are not refundable.

Copyrights and Copyright Agents/DMCA Notice. It is Inpractis' policy to respond to claims of intellectual property infringement. The Service will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

Disclaimers and Limitation of Liability. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE IS AT YOUR OWN RISK AND IS DONE "AT WILL." NEITHER INPRACTIS, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL BE ERROR-FREE; NOR DO INPRACTIS OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, REGARDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND INPRACTIS HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY AND INPRACTIS' SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED (OR ALLEGEDLY CAUSED) BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE YOUR USE AND ACCESS TO THE SERVICE. IN NO EVENT WILL INPRACTIS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.

Indemnification. You agree to indemnify and hold Inpractis and its licensors, parents, subsidiaries, affiliates, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your, including anyone's using your computer, e-mail account or password, use of the Service; the violation of the Agreement, or infringement, of any intellectual property or other right of any person or entity.

Modifications. Inpractis reserves the right at its discretion to modify these Terms of Service to the extent permitted by law, and to notify Users of any such changes by online posting. Your continued use of the Service after such postings will constitute your acceptance of the terms of the modified TOSA and your agreement to be bound by the modified terms. If you do not wish to be bound by the modified TOSA, you may terminate your Service pursuant to the Termination section above. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content, at any time, without notice or liability.

Notices. Inpractis may provide you notice, at its option, by posting a message on the Service, by electronic or conventional mail, or by any other means by which you obtain actual knowledge thereof. Notices to Inpractis must be provided by electronic or conventional mail. Notices to Inpractis by electronic mail must be sent to Customer Support at customersupport@inpractis.com. Notices to Inpractis by conventional mail must be sent to:

Any notice you provide to Inpractis will not change the terms of your TOSA, unless a modification is expressly accepted in writing by an authorized officer of Inpractis.

Other provisions.

SEVERABILITY. If any provision of this TOSA shall be found to be void, invalid or unenforceable, that provision shall be construed as severable and shall not in any way affect any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

NO WAIVER. Inpractis' waiver of, failure or delay in exercising any right, power or provision hereunder shall not operate as a waiver of its right or power, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that right or any other right, power or provision in that or any another instance.

INPRACTIS SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of any Inpractis successor companies or assigns.

HEADINGS. The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, whether oral or written, relating to the subject matter.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You agree that any cause of action you may have with regard to the Service must be filed in the federal or state courts, as appropriate, located in Alameda County, California, within one year after the cause of action arises, or else the cause is barred.

IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR DO NOT AGREE TO THE TERMS OF THIS TOSA, PLEASE EXIT THIS SERVICE IMMEDIATELY.