Last Updated: January 1, 2024
Terms of Service
Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
General
This website (the “Site”), taylorbeggs.com is owned and operated by Taylor Beggs (“The Company,” “we” or “us”). By using the Site including any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto, you agree to be bound by these Terms of Service that follow and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from The Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
Intellectual Property (IP) Rights
Unless otherwise stated, all written content on this site is owned by Taylor Beggs and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited license to access and make personal noncommercial use of the Site. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, download (other than page caching), reproduce, republish, upload, post, translate, sell, resell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. Any trademarks, service marks, graphics, videos, logos, page headers, icons, and trade names (collectively, the “Marks“) contained on the Site are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Submissions
You may post reviews, comments, photographs, videos and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses or other malware, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Site, or post or submit User-Generated Content including but not limited to social media venues, internet groups, or to any of our staff via email, text or otherwise, you are representing: (i) that you are eighteen years of age or older, (ii) you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site or portray us in a false, misleading, derogatory, or otherwise offensive matter. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Fees and Payments
2.1. Fees
1. You agree to pay Taylor Beggs all applicable fees for using the Platform per the pricing and payment terms presented to you. We use third-party payment processors (e.g. Stripe) to bill you through a payment account linked to your Account. The processing of your payments will be subject to the applicable payment processor's terms, conditions, and privacy policies. In addition to these Terms, you will also be responsible for all transaction fees relating to using such payment processors (“Transaction Fees”).
2. Through our third-party providers (e.g. Stripe), we will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your Account. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). You authorize us to continue to charge your credit card using the updated information. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Taylor Beggs credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or any difference in fees due to currency conversion.
2.2. Promotional Offers
We may offer special promotional offers or plans, or memberships anytime. Taylor Beggs determines offer eligibility at its sole discretion, and we reserve the right to revoke an offer and put your account on hold if we decide you are not eligible. We may use information such as payment method or an account email address used with an existing or recent purchase to determine offer eligibility. The eligibility requirements and other limitations and conditions will be posted when you sign-up for the offer or in other communications made available to you. If the Authorized Payment Method we have on file for you is declined, you must provide us with a new, valid Authorized Payment Method, or we reserve the right, without further notice, to immediately suspend or cancel your Account and your continued use of the Platform.
2.3. Upgrades
Upon upgrading, your authorized payment method will automatically be charged the remaining balance. You will have access to the original purchased plan and upgraded course for 365 days from the first day of purchase. If you desire to access the upgraded course content for the full 365 days, you will need to wait until your original purchased plan expires to purchase the upgraded course in full. Downgrades are not allowed and refund policy does not apply to upgrades.
2.4. Taxes
Our prices listed do not include any taxes, levies, duties, or similar governmental assessments of any nature, such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase and keeping your billing information up to date. If any amount payable by you to Taylor Beggs is subject to Taxes, Taylor Beggs, may, at its sole discretion, collect from you the full amount of any such Taxes, even if Taylor Beggs has not previously collected such amounts. Any changes to your Account (including any upgrade) may result in Taylor Beggs collecting from you applicable Taxes.
1. United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based on the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority within the time frame required by law. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected based on applicable state tax laws.
2. Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption, or use Taxes that arise in connection with your use of the Platform unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate, or other documentary proof issued by an appropriate taxing authority that Tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use Taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are legally required to withhold any Taxes from your payments to Taylor Beggs, you must provide Taylor Beggs with an official tax receipt or other appropriate documentation to support such payments.
2.5. Price Changes
Taylor Beggs may change the Fees charged to you at any time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next billing cycle following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription before the price change goes into effect. Please make sure you read any such notification of price changes carefully.
2.6. Refund Policy
We're so confident in the value of the course that we offer a no-risk, 7-day money-back guarantee starting the day you purchase. We do, however, ask that you give the course a genuine try. This means completing the sections and really dedicating yourself to change. If after doing all of that, you still don't feel the course is right for you or hasn't made a positive impact, simply send us a notification in writing along with written proof (notes from the speaking session or a copy of your latest resume) to show that you've engaged with the material and resources. Once we receive your attempted coursework and you've demonstrated your commitment to the process without the results you expected, we'll refund your investment in full. This ensures that those who are truly invested in transforming their lives can do so risk-free, while also maintaining the integrity and commitment of our learning community. Fees collected by third-party providers (e.g. Stripe) are non-refundable and we reserve the right to refuse refunds to anyone who abuses this Refund Policy. The refund policy does not apply to coaching sessions.
2.7. Delinquencies
1. If Taylor Beggs cannot process payment of any Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method and will provide you with a notice regarding the payment failure (a “Payment Failure Notice”). If the outstanding Fees are not paid within 7 days of Taylor Beggs providing a Payment Failure Notice, Taylor Beggs may (in its sole discretion) suspend and revoke access to your Account and/or the Platform. Your full access to the Platform will be reactivated upon your payment of all outstanding Fees.
Use And Protection Of Password And ID
When purchasing a product or service, Taylor Beggs may assign a password and account ID to you so you can access and use certain areas of the Site. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Site, and Taylor Beggs shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND TAYLOR BEGGS, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you and you shall not transfer or sell the material and/or account to another person. You shall immediately notify Taylor Beggs of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
System Requirements
Use of the certain areas of the Site requires Internet, audio-visual file access or other digital formats (the “Software“), and, for certain content, a compatible player device (the “Device“). We may, at any time and from time to time, in our sole discretion, modify, revise, or otherwise change the system requirements for the Site and the format of any content, in whole or in part, without notice or liability to you. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Site. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Site may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.
Accuracy of Information
While we shall strive to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. Part of this Site contains materials submitted to Taylor Beggs by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national and relevant foreign laws. We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission, or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence, or damage caused by reliance on any material contained within the Site. We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation, or cessation of trade of any company, individual or firm referred to herein. You are advised to check with the establishment concerned. We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the Site, please inform us at business@sportsentertainmentacademy.com and we shall correct it as soon as it is practicable to do so. No specified update or refresh date applied in the product, service or on any related website, should be taken to indicate that all information in the product, service or on any related website has been modified or updated.
Non-Guarantee of Results
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in the Site are no guarantee that you or any other person or entity will be able to obtain similar results.
Disclaimer of Warranties
THE CONTENT ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PODCASTS, SOCIAL MEDIA, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY AND WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE SITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON WEBSITES THAT LINK TO OR FROM THE SITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED FINANCIAL ADVISOR, HR, PSYCHOLOGIST OR HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED FINANCIAL ADVISOR, HR, PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
BECAUSE ANY HEALTH MODIFICATION PLAN CAN RESULT IN SERIOUS INJURY, WE URGE YOU TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE CONSIDERING ANY HEALTH INFORMATION OR RESOURCES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET AND HEALTH ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TAYLOR BEGGS AND OUR PARENT, SUBSIDIARIES, SUCCESSORS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS AND LEGAL OR OTHER FEES AND EXPENSES) SUFFERED OR INCURRED BY ANY OF THE INDEMNIFIED PARTIES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO ANY BREACH OR ALLEGED BREACH BY YOU OF THESE TERMS OF USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE SITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
Waiver of Unknown Claims
YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE KNOWINGLY WAIVING RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE STATE, FEDERAL OR LOCAL LAW THAT RESTRICTS THE RIGHT OF A PERSON TO WAIVE UNKNOWN OR UNSUSPECTED CLAIMS, INCLUDING BUT NOT LIMITED TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
DMCA Notices
If you feel that your copyright rights have been violated, please send us a DMCA takedown notice and we’ll gladly remove it. You can send the notice to business@sportsentertainmentacademy.com with the following information:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your material has been removed or modified in error in response to a copyright notification, you may submit a counter notification to us with the following written information:
Identification of the material that has been removed or modified and the location at which the material appeared before it was removed;
A statement under penalty of perjury that you have a good faith belief that the material was removed or modified as a result of mistake or misidentification of the material to be removed or modified;
Your name, address, email and telephone number; and
An electronic or physical signature
Amendment
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
Termination and Access Restriction
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination to business@sportsentertainmentacademy.com.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related products and services or any portion thereof at any time, without notice and you will remain liable for all amounts due up to and including the date of termination. Upon terminating your viewing of these materials, you must destroy any downloaded materials in your possession, whether in electronic or printed format. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the product or service. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Site or the Terms of Use pursuant to the Arbitration Clause. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
Applicable Law and Disputes
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the Site or to products and services you purchase through the Site shall be submitted to confidential binding arbitration in San Francisco County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in San Francisco County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) regarding that subject matter. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Contact Us
If you have questions or comments regarding our Terms of Use, you may reach us at business@sportsentertainmentacademy.com (preferred for faster response) or you can contact us by mail at:
Taylor Beggs 454 Las Gallinas Ave #3046 San Rafael, CA 94903