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Terms of Use, Acceptable Use Policy

Welcome to the Pro Tennis Coach (“PTC”) Website (the “Website”), a website available via the Internet to the general public. This Website provides, among other information and data, access to PTC's training content. The Website and its contents and related services are owned by Zanity and/or its affiliates and licensors.

By accessing and/or using the Website, or otherwise availing Yourself of the services and information offered through the Website, You – the “User” – agree to be bound by this Terms of Use and Acceptable Use Policy (hereinafter “AUP”) in effect at the time of each such access or other use of the Website. This AUP applies to all users of this Website, regardless of whether they are members or merely visitors, and applies to any and all entities or persons on whose behalf any User acts.

You acknowledge that PTC may, from time to time, and in its sole discretion and without notification to You, modify this AUP. Your access and/or use of this Website indicates Your agreement to be governed by this AUP. It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Website. If You do not so agree, You are not authorized to access or use the Website in any manner.

I. Overview

PTC is the provider of access to a Website containing tennis training, in addition to details related to our various product offerings. PTC has created the Website to provide Users with online access to this information. The features and information that a User may avail himself/herself of via the Website are collectively referred to as the “Services.”

II. Terms and Conditions

A. User to Provide Internet Access

In order to access the Website and/or use the Services, You must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the Internet.

B. Website Intended for Adults

Unless you have express permission from your parent(s) and/or guardian, you must be 18 years old or older to access, purchase a Membership from, or otherwise use any Services via the Website. No one under 13 years old is permitted to use or access the Website.

C. Availability

PTC makes no guarantees regarding the availability of the Website or the Services (including the availability of any given Service). PTC reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to, the price for Services and/or functionality. You agree that PTC will not be liable to You for any such discontinuance or modification of the Website or the Services.

D. Authorized Use

PTC grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by this AUP. Other than page caching You are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of PTC. This license does not include and specifically prohibits any resale or commercial use of this site (except for Your purchase of Services); any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that (i) infringes, misappropriates or otherwise violates the rights of any person or entity, including intellectual property rights; and/or (ii) that 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, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with the letter and intent of this AUP.

Any unauthorized use terminates the permission or license granted by PTC in relation to the Website immediately.

E. Linking (To & From) the Website; Advertisers

1. Linked-To Sites

PTC may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials for third-parties. Because PTC has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that PTC is not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; (c) the goods or services offered via these third-party sites.

Accordingly, User acknowledges and agrees that PTC shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Websites and/or the quality of any goods or services offered by or through any linked-to third-party site.

F. Prohibition against Harmful Transmissions & Appropriate Use of Website

You, as a User, agree You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, resumes, job postings and otherwise (“User Content”). You agree that You will not upload, post, e-mail, or otherwise transmit to the Website 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 or collect or mine information about this site or other users. PTC does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings, even if PTC elects, in its sole discretion, to do so or to attempt to do so from time to time. You agree not to send communications or make postings that infringe, misappropriate or otherwise violate the rights of any person or entity. You agree not to send inappropriate communications or make inappropriate postings, including, but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. PTC is not responsible for any User Content or actions or omissions in response to User Content.

You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer). You may not “frame” this Website or display the Website’s content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its webpage.

G. Disclaimer of Warranties; Limitation Of Liability

1. Warranties Disclaimed

NEITHER PTC NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER PTC NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF PTC SERVICES (OR ANY OTHER PRODUCTS) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).

2. Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, PTC SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF PTC TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES OR PRODUCTS (I.E., THE AMOUNT YOU PAID TO PTC FOR SUCH). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

NOTE: 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.

H. Health Disclaimer This Website provides tennis training and other information, applications, and content published over the Internet and is intended only to assist users in their personal physical fitness, ability goals, and sports efforts. PTC is not a medical organization and cannot – and does not – give You medical advice or a medical diagnosis or provide a fitness regimen. Nothing contained in this Website should be construed as medical advice or a medical diagnosis or to be providing a fitness regimen. The information and reports generated by PTC should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.

The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Website. You agree that You will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a medical doctor in relation to such participation.

All users are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.

I. Indemnification

You agree to indemnify, defend, and hold harmless PTC, its directors, officers, members, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) breaches any of Your representations, warranties, or agreements hereunder; (ii) arises out of or relates to Your use of the Website and/or (iii) arises out of Your acts or omissions.

J. Severability

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

K. Entire Agreement

This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and PTC. 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 with respect to the subject matter hereof (PTC Website access and use).

L. Choice Of Law

This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the Victoria, Australia. All contracts resulting from or relating to this Website, including Member Agreements, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in Victoria, Australia.

M. Venue; Personal Jurisdiction; Service of Process

Any dispute arising out of or related to this Agreement or the subject-matter hereof, shall exclusively be brought or commenced, if at all, only in the courts located in Victoria, Australia. By accessing and using the Website, You (and any person or entity on whose behalf you act) hereby agree and consent to the exclusive jurisdiction and venue of any court located in Victoria, Australia and You hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. You (and any person or entity on whose behalf you act) agree to service of process for any claim arising out of or related to this AUP via a national private carrier (e.g., FedEx, UPS, DHL), and hereby waive personal service.

N. Headings For Convenience Only

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

O. Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

P. Marks & Material

The PTC Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the PTC Website are copyrighted by PTC (besides licensed use of copyrighted graphics from third parties) and is subject to Victoria, Australia and international copyright laws. PTC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PTC and the copyright owner, if other than PTC. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without the owner’s prior written permission, You agree not to display or use in any manner (other than as set forth in this AUP), any trademarks or content found on the Website.

Q. Contact

Please direct all inquiries and other communications relating to the Website and/or the Services to:

support@protenniscoach.com

or contact us online by filling out the contact form located in the support section of our website.

R. Local Laws

You warrant and agree that Your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in Your geographic region.

S. Prohibited Conduct

Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.

Furthermore, without limiting other remedies, PTC may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Website if You: (1) breach this AUP; and/or (2) take actions that PTC believes may result in legal liability for You, for PTC, or for other Website users. PTC reserves the right to deny access to the Website and/or any elements of the Website to any person at any time and for any reason, as allowed by law.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY – AND ARE, THEREBY, PROHIBITED FROM ACCESSING THIS SITE. YOU MUST EXIT THE WEBSITE IMMEDIATELY.

T. Coaches

Coaches listed on the Website are not employees of PCT and are independent contractors. Any actions by any of the coaches are their own actions and as such PCT is not be held liable. Should a coach not complete the agreed upon obligations, please notify PCT immediately.

U. Force Majeure

PCT is not liable for failure to perform the PCT's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
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