Terms and Conditions — PGFA / USGFA/ FSN / GWP Memberships and Products PLEASE READ
THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Terms and Conditions (these “Terms”) and any documents referenced herein contain
all of the terms and conditions that apply to purchases of subscriptions for PGFA
memberships (each a “Membership”), admissions to PGFA Golf Fitness Instruction Certification
Seminars, or any other seminar conducted by PGFA (“Seminars”) , and to any of the
Products offered for sale through the PGFA Store (each a “Product”) described on
this Internet website (the “Site”) by you (“you” or “Customer”) from FSN,PGFA,USGFA,
GWP Company ("PGFA,USGFA") and sold by PGFA,USGFA in the United States. By clicking
“I accept” below and/or accepting delivery of the applicable Membership package,
Seminar admission, or Product, Customer agrees to be bound by and accepts these Terms.
If you do not agree to be bound by all of these Terms, please do not use or access
this Site or register to attend a Seminar. In addition to our policy set forth below
under "Cancellation of Membership", we reserve the right to cancel your Membership,
without refund of any moneys paid, should you violate any of these Terms.
including, but not limited to, Membership, Seminar or Product prices, descriptions,
Services and other e-commerce related information and/or functionality, may change
without prior notice at any time, in PGFA, USGFA's sole discretion. PGFA,USGFA reserves
the right, its sole discretion, to discontinue the Site or any of the Memberships,
Services or Products offered herein and/or to modify the contents of the Site. You
agree that PGFA,USGFA will not be liable to you for any such discontinuance or modification
of the Site or the Memberships, Seminars, Services or Products offered herein. In
addition, the terms and conditions contained in the FSN,PGFA, USGFA, GWP Company
also incorporated by reference into these Terms in their entirety.
SERVICES As used
herein, “Services” shall mean the privileges incident to your Membership, Seminar
attendance and any and all other services, and/or information offered or communicated
via this Site and/or Seminar materials. These Services include, but are not limited
to, Seminars, communications, data, statements and information regarding physical
evaluations; conditioning; golf performance training; nutritional guidance and any
other consultation, instruction or advice.
CANCELLATION OF MEMBERSHIP Because you will immediately enjoy benefits from your Membership
which you will be able to use and employ for the duration of your Membership and
beyond, subscription fees for your Membership are non-refundable. If you purchased
a welcome kit (“Kit”) as part of your Membership package, PGFA, USGFA will refund
the purchase price (less PGFA,USGFA's shipping costs incurred in sending the Kit)
of the Kit if you cancel your Membership early, provided the Kit is returned to PGFA,
USGFA unopened and in “as new” condition, as determined by PGFA,USGFA in its sole
discretion. You are responsible for all shipping costs and risk of loss for your
return of a Kit.
AUTHORIZED USE PGFA, USGFA grants you a limited license to access and make personal
use of the Site and/or Seminar materials for legal purposes and uses and that are
otherwise permitted by these Terms. Other than page caching, you are not authorized
to copy, download or modify the Site and/or Seminar materials or any portion thereof.
This license does not include any resale or commercial use of this Site and/or Seminar
materials or their contents; any collection and use of any product listings, descriptions
or prices; any derivative use of this Site and/or Seminar materials or their contents;
any downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction tools.
You may not post or transmit through the Site any material which violates or infringes
in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, gives rise to
civil liability or otherwise violates any law, or which contains advertising or any
solicitation with respect to products or services. You are also prohibited from using
the Site in any way that restricts or inhibits any other Site user from using or
enjoying the Site.
If you use the Site, you agree to accept responsibility for all activities that occur
under your account or password. PGFA, USGFA and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion. Services are non-transferable and may not be shared. You agree
to (a) maintain all equipment necessary for your access to and use of the Site; (b)
maintain the security of your user identification, password, and any other confidential
information relating to your PGFA account; and (c) take responsibility for all charges
resulting from use of your PGFA account, including unauthorized use prior to your
notifying PGFA of such unauthorized use and taking the legal steps to prevent its
further occurrence by contacting us to change your password.
You may not frame or utilize any framing techniques to enclose any PGFA,USGFA trademark,
logo, or other proprietary information (including images, text, page layout, or form).
You may not use any metatags or any other hidden text utilizing PGFA, USGFA's name
or trademarks. Any unauthorized use terminates the permission or license granted
Unless otherwise authorized in writing by PGFA, USGFA, no user or other third-party
is authorized to deep link to any web page contained in the Site (i.e., no links
are permitted under any circumstances from third-party web sites to any page of the
PGFA Site other than the PGFA Site home page). Such links are expressly prohibited.
In addition, no Customer or third-party may link to the PGFA home page in such a
manner as to create a reasonable possibility or likelihood of confusion by users
of the third-party website as to the true ownership or sponsorship of the PGFA Site
and/or as to the existence or lack thereof of some affiliation or other relationship
between PGFA, USGFA and the third-party and/or its website.
You agree that you will not upload, post, e-mail, or otherwise transmit to the Site
or to any other User any messages, programs, or other materials (including but not
limited to Trojan Horses, viruses, worms, and the like) that contain software viruses
or any other computer code, files, or programs designed to interrupt, destroy or
limit the functionality of any computer software or telecommunications equipment.
WARRANTIES NEITHER PGFA, USGFA NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT
THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES, SEMINARS AND OR PRODUCTS
ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND (EXCEPT FOR THOSE PROVIDED BY
PRODUCTS MANUFACTURERS), EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH
WARRANTIES BEING EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY PGFA, USGFA SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY
ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE
SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. UNDER NO
CIRCUMSTANCES SHALL PGFA,USGFA OR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS,
LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS OR ASSIGNEES BE LIABLE TO YOU OR ANY THIRD-PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR
IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT, SEMINAR OR SERVICE
SOLD OR PROVIDED ON THE SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE
USE OF THE INFORMATION PROVIDED ON THE SITE OR IN THE SEMINAR MATERIALS, EVEN IF
PGFA,USGFA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
PGFA,USGFA'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT, SEMINAR OR SERVICE
THAT IS THE SUBJECT OF THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION
IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. PGFA,USGFA
WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE IN WHOLE OR IN PART
TO ANY CAUSE BEYOND PGFA,USGFA'S REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO,
STRIKES, RIOTS, WARS, FIRES, ACTS OF GOD OR ACTS OF COMPLIANCE WITH ANY LAW OR REGULATION.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE
SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING
PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN
MAY NOT APPLY TO YOU.
HEALTH DISCLAIMER AND RELEASE This Site and/or the Seminar materials provide golf
training, physical training, and other information, applications, and content and
is intended only to assist users in their personal physical fitness and sports efforts.
PGFA, USGFA is not a medical organization and cannot provide medical advice or a
medical diagnosis. The information presented on this Site and/or the Seminar materials
is in no way intended as medical advice or as a substitute for professional medical
advice, diagnosis or treatment. This information should only be used in conjunction
with the guidance and care of your physician. Whether or not you are trying to lose
weight, consult your physician before beginning any diet, nutrition, or fitness plan
offered through the Site. Your physician should allow for proper follow-up visits
and individualize your diet, nutrition, or fitness plan as appropriate. Always seek
the advice of your physician or other qualified health care provider if you have
any questions regarding a medical condition, your diet, nutritional supplements,
an exercise regimen, or any other matter related to your health and well-being.
There is a risk of injury from participation in sporting events and other strenuous
physical activity, including the potential for permanent paralysis, other serious
injury, and/or death. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation
in any activity or fitness program set forth at the Site and/or the Seminar materials.
YOU AGREE THAT PGFA,USGFA AND/OR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS,
LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS OR ASSIGNEES (THE “RELEASED PARTIES”) SHALL
NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action
that arise in whole or in part due to the negligence of the Released Parties, or
any of them. FURTHERMORE, YOU FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY
AND HOLD HARMLESS, the Released Parties from and in relation to all claims, demands,
injuries, damages, actions, or causes of action that arise from or relate in any
way to your participation in any activity or regimen set forth at the Site or in
the Seminar materials. YOU FURTHER WARRANT AND CERTIFY that you have no health conditions
or defects that would prevent you from participating safely in any activity or regimen
set forth at the Site, that you have consulted and been cleared by a medical doctor
in relation to such participation, and that you are otherwise sufficiently fit and
healthy to so participate.
The Site is not intended for use by pregnant women, or individuals with any type
of health condition. As are all users, such individuals are specifically warned to
seek professional medical advice prior to initiating any form of sports training,
physical training, or exercise regimen. PGFA, USGFA reserves the right to refuse
or cancel your membership due to certain medical conditions.
THIRD-PARTY CONTENT This Site contains information, data, software, photographs, graphs,
videos, typefaces, graphics, audio and other material (collectively "Content"). PGFA,
USGFA does not control the Content supplied by parties other than PGFA,USGFA. Any
opinions, advice, statements, services, offers, or other information that constitutes
part of Content expressed or made available by third parties and not by PGFA,USGFA
are those of the respective authors or distributors and not of PGFA, USGFA. Neither
PGFA, USGFA nor any third party, including any provider, or any user of the Site,
guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability
or fitness for any particular purpose. In many instances, the Content available through
the Site represents the opinions and judgments of the respective provider or User
not under contract with PGFA,USGFA. PGFA, USGFA neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made on the
Site by anyone other than authorized PGFA, USGFA employees. Under no circumstances
shall PGFA, USGFA be liable for any loss, damage or harm caused by a Customer's reliance
on information obtained through the Site. It is the responsibility of a Customer
to evaluate the information, opinion, advice or other Content available through the
LINKS TO OTHER SITES The Site may reference or link to third-party sites throughout
the Internet. PGFA, USGFA has no control over these third-party sites or the content
within them. PGFA, USGFA cannot and does not guarantee, represent or warrant that
the content contained in these third-party sites is accurate, legal, or inoffensive.
PGFA, USGFA does not endorse the content of any third-party site, nor do we warrant
that they will not contain viruses or otherwise impact your computer. PGFA, USGFA
does not assume any responsibility or liability for the actions, product, services,
and content of all these and any other third parties. If you choose to link to or
use a third-party website, you should carefully review such third party's privacy
statement and other terms and conditions of use. By using the Site to search for
or link to another third-party site, you agree and understand that you may not make
any claim against PGFA,USGFA for any damages or losses, whatsoever, resulting from
your use of the Site to obtain search results or to link to another site.
INDEMNIFICATION You agree to indemnify, defend, and hold harmless PGFA,USGFA, its
directors, officers, employees, assignees, and agents, and defend any action brought
against same with respect to any claim, demand, cause of action, debt or liability,
including reasonable attorneys fees, to the extent that such action is based upon
a claim that: (i) if true, would constitute a breach of any of your representations,
warranties, or agreements hereunder; and/or (ii) arises out of your negligence, willful
misconduct, use of the Seminar materials or any breach of these Terms.
GOVERNING LAW THESE TERMS AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF
THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. Customer
hereby irrevocably and unconditionally consents to submit to the jurisdiction of
the Commonwealth of Massachusetts for any litigation arising out of or relating to
use of or purchase made through the Site (and agrees not to commence any litigation
relating thereto except in such courts), waives any objection to the laying of venue
of any such litigation in the Florida courts and agrees not to plead or claim in
any Florida court that such litigation brought therein has been brought in an inconvenient
PAYMENT TERMS Payment must be received by PGFA, USGFA prior to PGFA,USGFA's
acceptance of an order. Payment for (i) Products(s), (ii) Seminar(s) and/or (iii)
Membership(s) including, if applicable, the Kit is to be made by credit card at time
of purchase. As outlined in "Cancellation of Membership" above, payments for Membership(s)
are non-refundable. Orders are not binding upon PGFA, USGFA until accepted by PGFA,
USGFA. PGFA, USGFA cannot guarantee the availability of a Product (including Kits)
at a given time. PGFA, USGFA reserves the right to revoke any stated offer for any
reason and to correct any inaccuracies or omissions, including after an order has
been submitted and whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your order
is cancelled by PGFA, USGFA, we will issue a credit to your credit card in the amount
of the charge, and shall not incur any additional liability for such cancellation.
CHARGES Separate charges for shipping and handling will be shown prior to order and
on the invoice(s).
TAXES Certain sales or other taxes may apply to your purchase. These
taxes vary from state to state and will be collected for orders shipped to states
where these taxes are applicable. The amount of tax charged is based on current state
and local tax rates as well as other factors, including the identity of the seller,
the type of item purchased, and the shipment destination of the order. Please review
and confirm the taxes applied to your order in your shopping cart before submission.
For orders placed from outside the United States or for orders placed for seminars
scheduled for outside the United States, taxes which are applicable in your jurisdiction
will also be charged.
RISK OF LOSS Loss or damage that occurs during shipping by a
carrier selected by PGFA, USGFA is PGFA,USGFA's responsibility.
APPLICABLE LAW; NOT
FOR RESALE OR EXPORT Customer agrees to comply with all applicable laws and regulations
of the various states and of the United States. Customer agrees and represents that
it is buying for its own use, and not for resale or export.
CUSTOMER SERVICE For questions
about your purchase or comments about the PGFA program or this Site, please contact
PGFA,USGFA Customer Service at 760-870-4575.
PARENTAL OR GUARDIAN PERMISSION You must
be 18 years or older or be between the ages of 13 and 18 and acting with your parent's
or guardian's consent to purchase any product or service offered on or through the
Site. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE.
should be submitted to or posted on the Site by children under 13 without the consent
of their parent or guardian. Unless otherwise disclosed during collection, PGFA,
USGFA does not knowingly collect or provide any personally identifying information
of children under 13 years of age, regardless of its source, for any purpose whatsoever.
If PGFA, USGFA collects such information, the information will be deleted from the
PGFA, USGFA's systems as soon as possible after notification thereof. We do not use
any information collected from users under 13 for any marketing or promotional purpose
whatsoever. We do not allow children under 13 to be listed in any member directories
or to receive direct marketing communications from PGFA, USGFA.
We assume that if
you are legally providing us with credit card information, you are an adult or are
otherwise authorized to do so. In no event however, should you provide us with any
information if you are under age 13. We're sorry, but you will need to ask your parent
or guardian to make the purchase for you.
The trademarks listed in the FSN,PGFA,USGFA, GWP Company Legal Notice posted on this
Site, along with other PGFA,USGFA logos and product and service names, are trademarks
of FSN,PGFA,USGFA, GWP Company. Without FSN,PGFA,USGFA, GWP Company's prior written
permission, you agree not to display or use in any manner, the PGFA,USGFA Marks in
any manner not permitted by the applicable state and U.S. laws or as otherwise expressly
allowed by these terms.
MISCELLANEOUS TERMS If any of these Terms shall be deemed invalid, void, or for any
reason unenforceable, that term shall be deemed severable and shall not affect the
validity and enforceability of any remaining terms and conditions. PGFA, USGFA may
assign its rights and obligations under these Terms, which will inure to the benefit
of our successors, assigns, and licensees. The failure of either party to insist
upon or enforce the strict performance of the other party with respect to any provision
of these Terms, or to exercise any right under the Terms, will not be construed as
a waiver of such party's right to assert or rely upon any such provision or right
in that or any other instance.
ENTIRE AGREEMENT This Agreement sets forth and contains the entire agreement with
regard to the matters set forth herein between you and PGFA, USGFA. There are no
promises, terms, conditions, or obligations other than those contained herein. This
Agreement supersedes all previous communications, representations, or agreements,
either verbal or written, between and among the parties.
I HAVE READ THIS AGREEMENT,
FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY. I ACKNOWLEDGE THAT I HAVE RECEIVED
VALUABLE CONSIDERATION IN RELATION TO MY EXECUTION OF THIS AGREEMENT, WHICH I UNDERSTAND
TO BE A PREREQUISITE TO MY RECEIPT OF SERVICES. FINALLY, I UNDERSTAND THAT THIS AGREEMENT
SHALL BE OF FULL FORCE AND EFFECT AS TO ANY AND ALL SERVICES I RECEIVE FROM THE RELEASED
PARTIES, WITHOUT REGARD TO THE DATE OR TIMING OF SUCH SERVICE. I CERTIFY THAT, IF
I AM UNDER 18 YEARS OF AGE, I HAVE CAUSED MY LEGAL GUARDIAN TO EXECUTE THIS FORM
ALONG WITH ME.