- Member’s Acknowledgment and Acceptance of Terms
- Description of Services
- Registration Data and Privacy
- Conduct on Site
- Third Party Sites and Information
- Intellectual Property Information
- Use of Your Materials
- Limitation of Liability
- Participation in Promotions
- Email Services
- Use of Site and Storage of Material
- Security and Password
- Non-commercial Use by Members
- Member Interactions
- Export Controls
- International Use
- Termination of Use
- Governing Law
- Entire Agreement
- Contact Information
GOLF WEB ACADEMY INC. (refereed to as “Golf Web Academy”, “Golf Boost”, “us”, “our” or “we”) provides the
www.golfboost.com website, the Golf Boost mobile application, and various related services
(collectively referred to as the “Site”) subject to your compliance with all the terms, conditions, and notices
Golf Web Academy (or your company and Golf Web Academy). In addition, when using particular services or
materials on the Site, you shall be subject to any posted guidelines or rules applicable to such services or materials
YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THIS SITE. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE THIS SITE AND MUST NOT ATTEMPT TO REGISTER WITH THIS SITE.
We make various services available on this Site including, but not limited to, a unique swing analysis system
through which our members can upload video clips and pictures of their golf swing and receive instruction,
analysis and critique from a swing model designed by golf professionals from around the world. This
sophisticated system takes into consideration the individual golfer’s height, build, and playing level in order
to provide a truly personalized service. The Site also provides an online service to bring the golf community
together. Our members can profile their lives online, view each other’s profiles, and connect with others around
shared interests. Our members can make unlimited friends and connections and then use those connections to
connect personally and do business with others on a whole new level. Our members can change their profile
information at any time. Fees for the various services are set out in the membership and service fees described
elsewhere in the Site. You are solely responsible for providing, at your own expense, all equipment necessary
to use the Site and the services provided through the Site, including a computer and modem; and your own Internet
access (including payment of telephone service fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time
with or without notice to you. We shall not be liable to you or any third party should we exercise such right.
Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based
services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-
You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to access any of the services on the Site, you must register as a member of the Site (“Member”). You
will require a separate account and password that can be obtained by completing our online registration form,
which requests certain personal information and data (“Registration Data”). It is imperative that you provide
accurate and truthful information about yourself during the registration process. By using the Site, you represent
and warrant that: (a) all information provided in the Registration Data is true and accurate and that you will
maintain and update this information as required in order to keep it current, complete and accurate; (b) you are
13 years of age or older; and (c) your use of the Sites does not violate any applicable law or regulation. Use
of and membership to the Site is void where prohibited.
GOLF WEB ACADEMY RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS AT ANY TIME SHOULD YOU VIOLATE THESE
TERMS OR ANY OTHER POSTED POLICY ON THE SITE.
The ability to receive golf instructions and swing analyses through our unique swing analysis system requires you
to pay a single fee or subscription fee. You agree to pay the single fee or subscription fee for this service and any
other charges incurred in connection with your plan at the rates in effect when the charges were incurred. You
agree to provide us with accurate and complete billing information, including valid credit card information and
your name, address and telephone number, and to provide us with any changes in such information within ten (10)
days of the change.
If you have opted for a subscription, we will bill all charges automatically to your credit card during the subscription term. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a monthly or yearly basis dependent on the length of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. Your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us of your decision to terminate your subscription via the online form found at www.golfboost.com/ContactUs, or via conventional mail by writing to: Golf Web Academy Inc., 111 NE 1st Street (2nd Floor), Miami, Florida 33132. You must cancel your subscription at least seven (7) businses days prior to renewal in order to avoid billing of subscription fees for the renewal term to your credit card. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for
the contents of your communications through the Site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise
distribute or facilitate distribution of any content — including text, communications, software, images, sounds,
data, or other information — that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity;
5. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
7. Impersonates any person or entity, including any of our employees or representatives;
8. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other members of the Site;
11. Creates or may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person, or to any animal;
12. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
13. Includes a photograph of another person that you have posted without that person’s consent.
Your Golf Boost profile also may not include any of the above content or photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Golf Boost profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Golf Web Academy assumes no responsibility or liability for this material. If you become aware of misuse of the Site or the services provided on the Site by any person, please contact us or click on the “Report Inappropriate Content” link at the bottom of any Golf Boost profile page. Golf Web Academy reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the services on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. Transmitting any chain letters or junk email to other members of the Site. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any member of the Site without their prior explicit consent. If you send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Golf Web Academy, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Golf Web Academy $100 for each such unsolicited e-mail or other unsolicited communication you send through the Site;
3. Covering or obscuring the banner advertisements on your personal profile page, or any Golf Web Academy Inc. page via HTML/CSS or any other means;
4. Any automated use of the system, such as using scripts to add friends or send comments or messages;
5. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
6. Attempting to impersonate another member of the Site or any other person;
7. Using the account, username, or password of another member of the Site at any time or disclosing your password to any third party or permitting any third party to access your account;
8. Selling or otherwise transferring your profile;
9. Attempting to decipher, decompile, disassemble or reverse engineer software used to provide the Site or any services on the Site;
10. Using, displaying, mirroring, or framing the Site, any individual element of the Site, our name, trademark, logo, or other proprietary information or the layout and design of any page, without our express written consent;
11. Accessing, tampering, or using non-public areas of the Site, our systems, or the technical delivery systems of our providers;
12. Using any information obtained from the Site in order to harass, abuse, or harm another person;
13. Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile, posting in forums or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “friends,” or sending private messages with a commercial purpose; or
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This Site may link you to other sites on the Internet or otherwise include content, information, documents, software, materials and/or services provided by other parties (“Third Party Materials”). These Third Party Materials are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor are we responsible for errors or omissions in the Third Party Materials or any references to the Third Party Materials or to other parties or their products and services. The inclusion of such Third Party Content is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Materials by us, or any warranty of any kind, either express or implied
Copyright © 2018 Golf Web Academy Inc.
All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Certain of the ideas, software and processes incorporated into that is available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive,
paid-up, perpetual, and worldwide right to store, copy, distribute, display, perform, publish, translate, adapt,
modify, and otherwise use such communications and materials (including any pictures or video clips you upload
on the Site) for any purpose regardless of the form or medium (now known or not currently known) in which it is
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on the Site.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately.
To be effective, the notification must include:
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;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
c/o Marcell Felipe Attorneys
ATTN: COPYRIGHT AGENT
1001 Brickell Bay Drive, Suite 1800
Telephone: (305) 381-8500
Facsimile: (305) 381-6225
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND
YOU AGREE AND ACKNOLWEDGE THAT THE INFORMATION PROVIDED THROUGH THIS SITE OR THROUGH THE SITE’S SWING ANALYSIS SYSTEM IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY. GOLF WEB ACADEMY AND ITS AFFILIATES DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES ON THE SITE. GOLF WEB ACADEMY AND ITS AFFILIATES DO NOT REPRESENT OR GUARANTEE THAT YOUR GOLF GAME WILL IMPROVE THROUGH THE USE OF THE MATERIALS AND SERVICES PROVIDED THROUGH THIS SITE OR THROUGH ITS SWING ANALYSIS SYSTEM. GOLF WEB ACADEMY AND ITS AFFILIATES DO NOT REPRESENT OR GUARANTEE THAT YOU WILL BE ABLE TO EARN MONEY OR COMPETE ON AN AMATUER OR PROFESSIONAL LEVEL THROUGH THE USE OF THE MATERIALS AND SERVICES PROVIDED THROUGH THIS SITE OR THROUGH GOLF WEB ACADEMY’S SWING ANALYSIS SYSTEM. ALTHOUGH GOLF WEB ACADEMY AND ITS AFFILIATES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, GOLF WEB ACADEMY AND ITS AFFILIATES DISCLAIM ANY GUARANTEE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, APPLICABILITY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE, INCLUDING THROUGH ITS SWING ANALYSIS SYSTEM. THEREFORE, IF YOU WISH TO APPLY ANY CONTENT CONTAINED IN THIS SITE OR PROVIDED TO YOU GOLF WEB ACADEMY’S SWING ANALYSIS SYSTEM, YOU TAKE FULL RESPONSIBILITY FOR YOUR ACTIONS AND ANY CONSEQUENCES THEREOF. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SWING ANALYSIS SYSTEM IS SOLELY AT YOUR OWN RISK.
YOU AGREE, ACKNOWLEDGE AND ACCEPT THAT THE GOLF WEB ACADEMY SWING ANALYSIS SYSTEM BASES ITS INITIAL LESSON ON PERSONAL ATTRIBUTES ENTERED BY THE USER. SUBSEQUENT LESSONS ADD INTO CONSIDERATION OUR SOPHISTICATED SET OF INTERACTING ALGORITHMS CONDUCTING VIDEO RECOGNITION AND COMPARISON BUT WILL ALSO INCLUDE PERSONAL ATTRIBUTES ENTERED BY THE USER. IN THE SITUATION THAT THE VIDEO RECOGNITION FEATURE FAILS, ONLY PERSONAL ATTRIBUTES ENTERED BY THE USER WILL BE CONSIDERED TO COMPLETE THE GOLF LESSON OFFERING.
YOU AGREE AND ACKNOWLEDGE THAT GOLF WEB ACADEMY AND ITS AFFILIATES DO NOT STAFF MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE, OR THE PROFESSIONAL ADVICE OF YOUR PHYSICIAN. THE SWING ANALYSIS SYSTEM IS INTENDED FOR USE ONLY BY HEALTHY INDIVIDUALS. BEFORE YOU BEGIN ANY GOLF OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE PROGRAM IS RIGHT FOR YOU. DO NOT START THIS OR ANY OTHER GOLF OR FITNESS EFFORT OR PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT NEITHER GOLF WEB ACADEMY NOR ITS AFFILIATES CAN PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY GOLF WEB ACADEMY OR ITS AFFILIATES SHOULD BE CONSTRUED AS SUCH. YOU ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY GOLF OR FITNESS EFFORT OR PROGRAM.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Members of the Site or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other members and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site member, or other person or entity not connected with Golf Boost. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED GOLF WEB ACADEMY SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY. Profiles created and posted by Members on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Golf Web Academy. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked Site. When you access these third-party sites, you do so at your own risk. We do not take any responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL GOLF WEB
ACADEMY OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING
PERSONAL INJURY, EMOTIONAL DISTRESS OR DEATH, RESULTING FROM: (a) THE USE OF THE
SITE OR ANY SERVICE ON THE SITE; (b) THE USE OF THE SITE’S SWING ANALYSIS SYSTEM
INCLUDING WHILE CAPTURING A PICTURE OR VIDEO TO USE IN THE SWING ANALYSIS;
(c) ATTENDANCE AT ANY GOLF WEB ACADEMY EVENT; (d) ANY CONTENT POSTED ON OR THROUGH
THE SITE; OR (e) THE CONDUCT OF ANY MEMBER OF THE SITE, WHETHER ONLINE OR OFFLINE.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GOLF WEB ACADEMY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THIS SITE, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/ OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN NO EVENT SHALL GOLF WEB ACADEMY INC.’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO GOLF WEB ACADEMY.
FURTHER, GOLF WEB ACADEMY AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
IF ANY PORTION OF THIS SECTION ENTITLED “LIMITATION OF LIABILITY” IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Site (including any services provided through the Site). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email services available to Members, either directly or through a third-party provider. We will not
inspect or disclose the contents of private email messages except with the consent of the sender or the recipient,
or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other
We may employ automated monitoring devices or techniques to protect our Members from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
You acknowledge that we may establish general practices and limits concerning use of the services available on
the Site, including without limitation the maximum number of days that uploaded Content will be retained on
the Site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Site’s services in a given period of time.
You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or
transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts which have not
paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve
the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our Members operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
The Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
When you sign up to become a Member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The Site and all services provided thereunder are for the personal use of its Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Golf Web Academy. Illegal and/or unauthorized use of the Site, including collecting usernames and/or e-mail addresses of the Site’s members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
You are solely responsible for your interactions with other Members. You agree to take reasonable precautions in all interactions with other members, particularly if you decide to meet offline or in person. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Members agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from www.golfboost.com to either a foreign national or a foreign destination in violation of such laws.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or
fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to
appropriate law enforcement authorities. You may terminate your membership to the Site at any time, for any
reason, by submitting the form found at http://www.golboost.com/Contact.
This Site (excluding any linked sites or Third Party Content) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all fifty states, as well as from other locations around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Miami-Dade County and the United States District Court for the Southern District of Florida with respect to such matters.
All notices to a party shall be in writing and shall be made either via our online form or conventional mail.
Notices to us must be sent through the online form found at https://www.golfboost.com/Contact, or at
Golf Web Academy Inc., 111 NE 1st Street (2nd Floor), Miami, Florida 33132, if by conventional mail. Notices
to you may be sent either to the email address supplied for your account or to the address supplied by you as part
of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of
changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of
action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Please contact us via the online form found at https://www.golfboost.com/Contact, or via conventional
mail by writing to: Golf Web Academy Inc., 111 NE 1st Street (2nd Floor), Miami, Florida 33132, with any