These terms and conditions are subject to change by Capestany Tennis Inc. (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms and conditions. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at Jorge@CapestanyTennis.com.
2. LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this website. If you are not at least eighteen years old, you are not permitted to access this website for any reason.You are responsible for all activities that occur under your Account. The password you are given or create is for your personal use only. You may not share your Account or password with anyone, and you agree to (1) notify COMPANY immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.
3. REFUND POLICIES
For any digital products and courses, you will receive an email with login details to our membership site. We also offer a 60-day money back guarantee on all our online courses. If you are not completely satisfied, you can simply request a refund and you will receive it with no questions asked. To request such a refund email us at Jorge@CapestanyTennis.com.
4. THIRD PARTY WEBSITES
As a part of the COMPANY Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for COMPANY to monitor such materials and that you access these materials at your own risk. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
5. INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to COMPANY through this website is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY. You further agree that you shall not submit or transmit any content through this website or to COMPANY that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this website.
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
6. NECESSARY EQUIPMENT AND SOFTWARE.
You must provide all equipment and software necessary to connect to the JRS Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the JRS Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the JRS Materials and the Services.
7. CONTACTING US
If you need to contact us, you can email us at Jorge@CapestanyTennis.com, or call us at 616-292-5331.
8. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the terms and conditions stated herein.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan. You hereby consent to binding arbitration in the State of Michigan to resolve any disputes arising under these Terms and Conditions.[/text_block]