COPYRIGHT AND TRADEMARKS
” www.tennistechnique.com ” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Heath Waters. All other trademarks, product names, and company names and logos appearing on our website are the property of their respective owners.
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YOUR ACCOUNT OBLIGATIONS
Once our membership services become available, you will receive a password and account designation after you have completed your membership application form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
YOUR CONDUCT ON OUR WEBSITE
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You hereby acknowledge that any violation of any of our privacy may result in termination of your access to our website, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our website, without prior notice.
USAGE OF OUR website BY MINORS
Due to the nature of the internet, we cannot prohibit minors from visiting our website. However, all purchases of goods or services on our website must be made by adults 18 years of age or older, and all users who register with our website must be 18 years of age or older or provide parental consent.
This website is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates”), do not make any representations or warranties of any kind, express or implied, with respect to our website or its Content, including, without limitation, the products, services or information offered or sold on or through our website or any other website to which our website links and the uninterrupted or error-free use of our website. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our website or files available on our website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this website and any site linked to our website is expressly at your own risk.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from our website. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing our website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our website or any data or information transmitted in connection with the use of this website. (ii) personal injury or death caused by your use or misuse of our website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our website, or (vi) any other matter relating to our website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our website.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from our website to either a foreign national or a foreign destination in violation of such laws.
We may elect to electronically monitor areas of our website. We are not responsible for screening, policing, editing, or monitoring Content on our website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our website. We may terminate your access, or suspend your access to all or part of our website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
APPLICABLE LAW; JURISDICTION AND VENUE
We control our website from our offices within the United States. We make no representation that the Content on our website is appropriate, legal or available for use in other locations. Those who choose to access our website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our website, the services provided through our website or the Content shall be governed by the internal laws of the State of [state], without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Georgia, United States.
All funding and support for this website is provided by Heath Waters.
At this time, we do not display, or plan to display, any advertisements on our website. If we do so in the future, we will clearly identify those items which are advertisements separately from those items which contain editorial content.
tennistechnique.com is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, viewing videos, or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider before acting upon any information.
I am not a doctor. The information I provide is based upon my personal experiences, my in depth research on Neuroscience, Psychology and Biomechanics, and my experience as a Professional Tennis Coach. Any recommendations I make about mental training, physical training, tennis techniques etc. should be discussed between you and your doctor or medical professional, because actively participating in the sport of tennis does involve risks.
We make every effort to ensure that we accurately represent these products and services and their potential for tennis game improvements. Claims of tennis game results as shown in our before and after videos and images are estimates of what we think you can possibly obtain. There is no guarantee that you will experience the same results and you accept the risk that the results differ by individual. As with any tennis training program, your results may vary, and will be based on your individual capacity, previous experience, ability to take action and level of desire.
There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation to obtain such results.
There is no assurance that examples of past tennis game improvement results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence, and you agree that our company is not liable for any success or failure of your tennis game improvements that is directly or indirectly related to the purchase and use of our information, products and services.
If this disclaimer scared you off from taking action, then my information, products and services are not for you. If this disclaimer inspired you to step up and give my real-world solution an honest try – congratulations and I forward to working with you.
Tennis Training Course Disclaimer and waiver
Tennis Player Development, LLC
Waiver of Liability
In consideration for being permitted to participate in The Online Tennis Training Course, Live Weekend Workshop, Skype Video Technique Training Sessions, and/or related tennis training activities (individually and collectively, the “activity”) organized and operated by Heath Waters and Tennis Player Development, LLC (from here forward referred to as TPD) as well as the benefits that I will derive from my participation in the activity, I hereby represent and agree with, and for the benefit of Heath Waters and the Released Parties (as defined below), as follows:
- Representations. (a) I am physically fit and able to participate in the activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that Heath Waters carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask Heath Waters’ representatives any questions that I may have about the Activity (including but not limited to the various activities that comprise the activity) that I believe are necessary in order to decide whether I am able to participate in the activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction.
- Assumption of Risk. I acknowledge that my participation in the activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, broken bones, torn ligaments and concussions to (c) catastrophic injuries including paralysis and death.
- Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue Heath Waters and TPD, their owners, managers, members, employees, partners, sponsors, volunteers, agents, advisors, affiliates, contractors, consultants, attorneys, accountants and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the activity, the equipment used during the activity (whether provided by Heath Waters, a third party or myself) and the building or facilities where the activity was located.
- Indemnification. I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my participation in the activity, the equipment used during the activity (whether provided by Heath Waters a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
- Name and Likeness. I hereby grant to Heath Waters, its licensees, successors and assigns, the right to take action photographs and/or videotape me during my participation in the activity and further grant Heath Waters the right to display, reproduce, use and/or otherwise exploit my appearance, image, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release Heath Waters, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by Heath Waters and that Heath Waters may copyright same. To that end, I hereby assign and transfer to Heath Waters all right, title and interest in and to my appearance, image, and likeness, voice as embodied in any audio, audio-visual or visual work. I agree that Heath Waters shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody my picture. I acknowledge that Heath Waters is under no obligation to exercise any rights granted herein.
- Miscellaneous. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it in within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of Georgia, United States. All provisions of this consent and release shall survive the termination or expiration of any activity or my participation in any activity contemplated hereby.
- Affirmation of Release. I knowingly intend my signature on this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the activity, the equipment used during the activity (whether provided by Heath Waters, a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
I represent that I am 18 years of age or older, that I am legally competent and capable of executing this consent and release on my own behalf, that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.