Last Updated 06/26/2016
The webpages available at www.bodyswing.com, and all linked pages (The Body Swing), are owned and operated by Paul Wilson Enterprises (“Company”), a Las Vegas corporation, and is accessed by you under the Terms of Use described below (“Terms of Use”).
The Body Swing Terms of Use & Service Policy
IMPORTANT! PLEASE READ VERY CAREFULLY THESE TERMS OF USE FOR THE BODY SWING BEFORE PURCHASING. THESE TERMS OF USE & SERVICE (TOS) GOVERN YOUR USE AND ACCESS OF THIS SITE (WWW.BODYSWING.COM), WHICH IS PROVIDED BY PAUL WILSON ENTERPRISES. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY PAUL WILSON ENTERPRISES AT ANY TIME IN ITS DISCRETION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT PURCHASE THE BODY SWING PRODUCTS.
WARNING: The creators and producers of the The Body Swing videos and video golf tips on The Body Swing and in any other video products on this website assume no responsibility for any personal injury or loss that may occur as a result of following the instruction and advice herein. Viewers should consult a physician if they have any doubts about their physical ability to play golf.
1. Rules and Restrictions.
The Company retains the right, in its sole discretion, to set the rules for all applications and the right to restrict or limit the functions of the applications available on the www.bodyswing.com website. In addition, there is no guarantee that the webiste will work 100% of the time with any or all of the website features.
2. Paid Registration
The Body Swing offers access to products purchased on The Body Swing website. There is no monthly fee associated with this access.
3. Billing.
Billing only applies to the Paid option. PAYMENT OCCURS ON A PRE-PAY BASIS.
The Body Swing Products
You will be billed at the time You purchase The Body Swing products in UNITED STATES DOLLARS (“USD”).
4. Money Back Guarantee And Product Delivery
Digital Products
Any digital products purchased and downloaded from The Body Swing website are guaranteed for 90 days. If a refund is requested all digital files must be deleted from your computer, DVDs, CDs, hard drives or other storage devices. To request a refund please contact us here.
Product Delivery
The Body Swing products are in digital format only. Once purchased, you will receive log in information via email to view the products on the site or download them to your computer or mobile device.
5. Parties’ Responsibilities.
The Body Swing shall not be obligated to provide notice to You in the event that any feature of the website is not being displayed or running properly. Paul Wilson Enterprises cannot be held liable for system down time or crashes.
6. Prohibited Uses.
You shall not, and shall not authorize or encourage any third party to use the Membership for any automated, deceptive, fraudulent or other invalid mean; to damage, disable, overburden, or impair The Body Swing or any other party’s services, servers, or other equipment or services; or to act in any way that violates any Membership Policies posted on The Body Swing website, as may be revised from time to time, or any other agreement between You and the Company, or engage in any action or practice that reflects poorly on The Body Swing or the Company, otherwise disparages or devalues The Body Swing or the Company’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
7. No Warranty.
THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE MEMBERSHIP, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANT ABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT. THE COMPANY MAKES NO WARRANTY THAT THE MEMBERSHIP WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT ALL DEFECTS WILL BE CORRECTED.
8. LIMITATIONS OF LIABILITY.
IN NO EVENT WHATSOEVER SHALL THE BODY SWING, THE COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE MEMBERSHIP. THE COMPANY NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE BODY SWING, THE COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL THE COMPANY ‘S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU, BUT THEN LIABILITY SHOULD BE LIMITED TO THE FULL EXTENT OF THE LAW.
You acknowledge that all training and exercise activities carry with them the potential risk of personal injury or death. You assume all risks of injury arising out of your use of any information, services or products provided by bodyswing.com and/or Paul Wilson, Paul Wilson Golf Inc.,Paul Wilson Enterprises. You release Paul Wilson, Paul Wilson Golf Inc.,Paul Wilson Enterprises from any liability, loss, damage, expense or cost of any nature whatsoever for any and all claims known and unknown, foreseen or unforeseen, future or contingent for personal injury or property damage arising out of any use of any information, services, programs or products provided by bodyswing.com and/or Paul Wilson Enterprises. You agree that you shall not at any time directly or indirectly commence or prosecute any action against bodyswing.com and/or or its owners arising out of or relating to your use of any information, services, programs or products provided by bodyswing.com and/or Paul Wilson, Paul Wilson Golf Inc.,Paul Wilson Enterprises.
9. Force Majeure.
Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
10. Representations and Warranties.
You represent and warrant that (a) all of the information provided by You when purchasing products and gaining access to the bodyswing.com website is correct and current; (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder.
11. Indemnification.
You agree to indemnify and hold the Company and its affiliates and each of their employees, contractors, agents, members, officers, and directors harmless, including reasonable attorneys’ fees, from any claim or demand made by any third party in connection with or arising out of your use of the Membership, your violation of any term, condition, representation, or warranty contained in this Terms of Use, any third party Terms of Use, your violation of applicable laws, or your violation of the rights of any other person or entity.
12. Intellectual Property Rights.
You acknowledge that the Company owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the products (excluding items licensed by the Company from third parties), and that You will not acquire any right, title, or interest in or to the Membership. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from The Body Swing products or services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Membership or proprietary information related thereto. You will not remove, obscure, or alter The Body Swing’s Links, Copyright, Brand Features, or other proprietary rights notices affixed to or contained within any of The Body Swing’s services, software, or documentation. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
13. Use of Information.
When You access the bodyswing.com website, The Body Swing technology will collect, store, and periodically send information back to the website or third party servers, including URLs accessed by the Software. In addition, the site may retain and use the information You provide from registering your account, subject to the terms of The Body Swing Privacy Policy (located at http://www.bodyswing.com/privacy-policy or such other URL as The Body Swing may provide from time to time), including but not limited to Site demographics and contact and billing information. The Company may share non-personally-identifiable information about You, including Site URLs, Site-specific statistics and similar information collected by the site, for the purpose of approving and enabling your participation in the site. The Company may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. The Company disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.
14. Miscellaneous.
This Agreement shall be governed by the laws of Las Vegas, Nevada, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Las Vegas, Nevada. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. Continued use of or visits to the website constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to You. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
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