
Terms
of Service
THIS
IS IMPORTANT -- PLEASE READ
THIS WEBSITE
REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND
ACCEPTING
THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE
PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE
WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE
DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE
AND THE PRIVACY POLICY.
BY VIEWING,
VISITING,
USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR
ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS
OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
THIS WEBSITE
RESERVES
THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.
UNDER
THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR
VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE
AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN
AFFIRMATIVE
DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE,
TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users,
subscribers, members, affiliates, or customers, collectively referred
to herein as "Visitors," are parties to this agreement. The
website
and its owners and/or operators are parties to this agreement, herein
referred to as "Website."
USE OF
INFORMATION FROM THIS WEBSITE
Unless
you have entered into an express written contract with this website to
the contrary, visitors, viewers, subscribers, members, affiliates, or
customers have no right to use this information in a commercial or
public setting; they have no right to broadcast it, copy it, save it,
print it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree this
condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties.
Again,
Visitor has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Nothing. Visitor
agrees to
liquidated damages in the amount of U.S.$100,000 in addition to costs
and actual damages for breach of this provision. Visitor warrants
that
he or she understands that accepting this provision is a condition of
viewing and that viewing constitutes acceptance.
OWNERSHIP
OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents
are
owned or licensed by the website. Material contained on the
website
must be presumed to be proprietary and copyrighted. Visitors have
no
rights whatsoever in the site content. Use of website content for
any
reason is unlawful unless it is done with express contract or
permission of the website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized
by
website, no one may hyperlink this site, or portions thereof,
(including, but not limited to, logotypes, trademarks, branding or
copyrighted material) to theirs for any reason without express consent
of the website owener. Further, you are not
allowed to 'frame' the site. You specifically agree to cooperate
with the Website to remove or de-activate any such activities and be
liable for all damages. You hereby agree to liquidated damages of
US$100,000.00 plus costs and actual damages for violating this
provision.
DISCLAIMER
FOR CONTENTS OF SITE
The website disclaims any
responsibility for the accuracy of the content of this website.
Visitors assume the all risk of viewing, reading, using, or relying
upon this information. Unless you have otherwise formed an
express
contract to the contrary with the website, you have no right to rely on
any information contained herein as accurate. The website makes
no
such warranty.
DISCLAIMER
FOR
HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS
WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR
OTHER CORRUPTING FACTORS.
The website assumes
no
responsibility for damage to computers or software of the visitor or
any person the visitor subsequently communicates with from corrupting
code or data that is inadvertently passed to the visitor's
computer.
Again, visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor downloads
information from this site at this own risk. Website makes no
warranty
that downloads are free of corrupting computer codes, including, but
not limited to, viruses and worms.
LIMITATION
OF LIABILITY
By viewing, using, or
interacting
in any manner with this site, including banners, advertising, or
pop-ups, downloads, and as a condition of the website to allow his
lawful viewing, Visitor forever waives all right to claims of damage of
any and all description based on any causal factor resulting in any
possible harm, no matter how heinous or extensive, whether physical or
emotional, foreseeable or unforeseeable, whether personal or business
in nature.
GUARANTEE AND WARRANTY
This product is sold 'as is'
without warranty or guarantee of any kind, either express or implied,
including no warranty as to merchantability or fitness for a particular
purpose. The Seller warrants and guarantees absolutely
nothing. There
is no 'warranty period'.
However, in the event that the
Buyer
claims that the product is defective within 30 days, seller will refund
the full purchase price (minus shipping & handling) upon
receipt of
said product, no questions asked.
If the Buyer is purchasing a
membership in this site, he/she may have a free trial
period. If the
Buyer does not cancel before the free trial ends, the Buyer will
be
charged a monthly subscription rate as quoted in the membership's
publicity materials. The Buyer may cancel his membership at any
time
by contacting coachkyril@coachkyriltennis.com with the order number and
order date. The cancellation
will be
effective at the end of the current billing cycle. No refunds
will be
given. Once cancelled, the Buyer can enoy the remainder of the membership service
up until the last day of the current billing cycle.
If the Buyer is purchasing,
through this site, a product, including membership, that is to be
provided by a third party, the Buyer must look to the third party for
additional warranties or guarantees, and understands that the
warranties available through this site, if any are offered or
construed, are extremely limited, restrictive, and short.
INDEMNIFICATION
Visitor agrees that in the
event
he causes damage, which the Website is required to pay for, the
Visitor, as a condition of viewing, promises to reimburse the Website
for all.
SUBMISSIONS
Visitor agrees as a
condition of
viewing, that any communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof, graphics
contained thereon, or any of the content of the submission, shall
become the exclusive property of the Website and may be used, without
further permission, for commercial use without additional consideration
of any kind. Visitor agrees to only communicate that information
to
the Website, which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is also a provision of the
Privacy Policy.
NOTICE
No additional notice of any
kind
for any reason is due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as a condition for
permission to view or interact with the website.
DISPUTES
As part of the consideration
that
the Website requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether in contract,
tort or otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and terms of
use issues.
Arbitration
shall be
conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the
International Centre for Dispute Resolution (ICDR). Information
about
the International Centre for Dispute Resolution (ICDR). Hearing
will
take place in the city or county of the Seller.
In no case shall
the
viewer, visitor, member, subscriber or customer have the right to go to
court or have a jury trial. Viewer, visitor, member, subscriber
or
customer will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal.
The prevailing
party
shall be reimbursed by the other party for any and all costs associated
with the dispute arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter concerning
this
purchase shall be brought before a court of law, pre- or
post-arbitration, Viewer, visitor, member, subscriber or customer
agrees to that the sole and proper jurisdiction to be the state and
city declared in the contact information of the web owner unless
otherwise here specified. In the event that
litigation is in a federal court, the proper court shall be the closest
federal court to the Seller's address.
APPLICABLE
LAW
Viewer, visitor, member,
subscriber or customer agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
If there are any questions regarding these policies you may contact
using the information below.
coachkyril@coachkyriltennis.com
Results Through Focus
2224 21 1/16 St
Rice Lake, WI 54868
©
2009
& Beyond Results Through Focus all rights reserved
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