TERMS OF SERVICE

Welcome to the BetterGolfDVDs.com web Site (the "Site"). Please read the following Terms of Service carefully before using this Site so that you are aware of your legal rights and obligations with respect to BGA Sports & Entertainment, LLC and its affiliates (individually and collectively, "we," "us," or "BGA Sports & Entertainment").

BY USING THIS SITE, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE.

BGA Sports & Entertainment has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions.

BGA Sports & Entertainment reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. BGA Sports & Entertainment may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

BGA Sports & Entertainment reserves the right to refuse to provide you access to the Site for any reason.

Privacy

Your privacy is very important to us at BGA Sports & Entertainment. To better protect your rights we have provided the BetterGolfDVDs.com Privacy Policy to explain our privacy practices in detail.

Limited License

If you are 13 years of age or older, BGA Sports & Entertainment grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).

While individuals under the age of 13 may visit the Site, they may do so only with the involvement of a parent or legal guardian. While BGA Sports & Entertainment has produced a product that may be watched by children, we do not intentionally seek to collect personal information from individuals under 13 years of age.

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, BGA Sports & Entertainment's trademarks, logos or other proprietary information (including the content of any text, or the layout and design of any page or form contained on a page) without BGA Sports & Entertainment's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a BGA Sports & Entertainment name, trademark, URL, or product name without BGA Sports & Entertainment's express written consent. You may only use this Site if your applicable jurisdiction allows you to accept this Terms of Service.

Disclaimer

THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BGA SPORTS & ENTERTAINMENT OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, BGA SPORTS & ENTERTAINMENT DOES NOT WARRANT THAT THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

IN NO EVENT SHALL BGA SPORTS & ENTERTAINMENT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF BGA SPORTS & ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ANY USE OF THE SITE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Links to Third Party Sites

You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control ("Third Party Sites"). There are links to Third Party Sites from the Site that take you outside of the Site. You acknowledge that when you click on a link that leaves the Site, the Third Party Site you will land on is not controlled by us and different terms of service and privacy policy may apply. By clicking on links to Third Party Sites, you acknowledge that BGA Sports & Entertainment is not responsible for those sites.

Term of Use

The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by BGA Sports & Entertainment to effect such termination.

You agree not to:

  • use the Site to harm minors in any way;
  • use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • remove any proprietary notices from this Site;
  • cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express permission of BGA Sports & Entertainment;
  • use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
  • use the Site for fraudulent purposes;
  • attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by BGA Sports & Entertainment with respect to the Site and/or data transmitted, processed or stored by BGA Sports & Entertainment;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • use the Site to "stalk" or otherwise harass another; and/or
  • use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

    You acknowledge, consent and agree that BGA Sports & Entertainment may access, preserve and disclose your email address if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BGA Sports & Entertainment, its users and the public.

    You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Your Representations and Warranties

    You represent and warrant that:

  • you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
  • you will use this Site for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and
  • you will only use this Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner.

    Indemnity

    You agree to indemnify, defend and hold harmless BGA Sports & Entertainment, and its affiliates, officers, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site.

    Severability

    If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

    Copyright

    All materials contained on this Site are protected by the United States and other copyright laws and may not be reproduced, transmitted, distributed, published, displayed or broadcast without the written permission of BGA Sports & Entertainment. You may not remove or alter any copyright, trademark or other notice from copies of this content.

    Trademarks

    All trademarks, service marks, logos, trade names, and any other proprietary designations of BGA Sports & Entertainment used herein are trademarks of BGA Sports & Entertainment. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

    Miscellaneous

    BGA Sports & Entertainment reserves all rights not expressly granted herein. BGA Sports & Entertainment may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and BGA Sports & Entertainment. The failure of BGA Sports & Entertainment at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to BGA Sports & Entertainment or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

    If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contact us at: info@BetterGolfDVDs.com

    Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights information:

    (a) Contact Information. You can contact us at

    BGA Sports & Entertainment, LLC
    2878 Searidge Street
    Malibu, CA 90265

    Phone: 310-702-5441

    Email: info@bettergolfdvds.com

    (b) Complaints. The procedure that you may follow in order to resolve a complaint regarding this Site are as follows: Contact the California Department of Consumer Affairs at 1625 North Market Blvd.; Sacramento, CA 95834; (800) 952-5210.

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