These Terms of Service (“Terms“, or “Terms of Service“) govern your relationship with the Internet site located at westcoastswingonline.com and its associated subdomains (the “Service“) operated by Brian Barakauskas (the “Service Provider“).
Please read these Terms of Service carefully – including all sections HIGHLIGHTED IN RED – before using the Service.
By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase“), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to the Service Provider is true, correct, and complete. By submitting such information, you grant the Service Provider the right to provide the information to third parties for purposes of facilitating the completion of your Purchase. The Service Provider reserves the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. The Service Provider reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. The Service Provider will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors, and Inaccuracies
In order to provide exceptional service and accuracy, the Service Provider regularly updates the products and services on the Service. The Service Provider cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Service Provider reserves the right to change or update information, and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite the best efforts of the Service Provider, the products or services available on the Service may have an error regarding the price, be inaccurately described, or be unavailable. The Service Provider may experience delays in updating information on the Service and in any advertising on other websites.
Contests, Sweepstakes, and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)“). You will be billed in advance. Billing may be on a recurring and periodic basis (“Billing Cycle“). Billing cycles are set either on a monthly or yearly basis, depending on the type of subscription plan you select when purchasing a Subscription. If billing is on a recurring basis, your Subscription will automatically renew at the end of each Billing Cycle. If billing is not on a recurring basis, your Subscription may be renewed in advance of the then-current Billing Cycle. When a Subscription is renewed, it will renew under the exact same conditions unless you cancel it or the Service Provider cancels it. You may cancel your Subscription renewal either through your account management page, or by simply discontinuing your use of the Service. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide the Service Provider with accurate and complete billing information including full name, address, province/state/region as applicable, zip/postal code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize the Service Provider to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, the Service Provider will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Service Provider, in its sole discretion, may provide you with a credit note. Reasons for which a credit note may be issued include, but are not limited to:
- the replacement of a reimbursement, as specified in the Refund Policy;
- components of a service which may be tied to expiration conditions of a subscription plan;
- your continued use of subscriptions or services offered through the Service;
- referrals you send, and who purchase a subscription or service offered through the Service, subject to the referral’s continued use of the Service; or
- other reasons which may be deemed appropriate by the Service Provider, in its sole discretion.
The validity of a credit note is subject to the Terms and all conditions – including expiration dates – as specified on the credit note. A credit note may be used, in whole or in part, to pay for subscriptions or services offered on the Service. Unless specified otherwise, multiple credit notes which are valid and nonexpired may be redeemed at the same time. The Service Provider reserves the right to terminate a credit note if:
- your account is terminated by the Service Provider for any reason whatsoever, including, without limitation, if you breach the Terms; or
- you terminate your account by discontinuing your use of the Service.
Unless specified otherwise, credit notes are non-refundable and non-transferable.
The Service Provider may, in its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial“). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by the Service Provider until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, the Service Provider reserves the right to (a) modify the terms and conditions of the Free Trial offer, or (b) cancel such Free Trial offer.
The Service Provider, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Service Provider will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by The Service Provider on a case-by-case basis, and granted in sole discretion of the Service Provider.
The Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content“). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant the Service Provider the right and perpetual, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for the Service Provider to make your Content available to other users of the Service, who may also use your Content subject to these Terms. YOU REPRESENT AND WARRANT THAT: (A) THE CONTENT IS YOURS (YOU OWN IT) OR YOU HAVE THE RIGHT TO USE IT, AND GRANT THE SERVICE PROVIDER THE RIGHTS AND PERPETUAL, ROYALTY FREE LICENSE AS PROVIDED IN THESE TERMS, AND (B) THE POSTING OF YOUR CONTENT ON OR THROUGH THE SERVICE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS, OR ANY OTHER RIGHTS OF ANY PERSON. The Service Provider reserves all rights to block or remove communications or materials determined to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to, and in sole discretion of, the Service Provider. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, the Service Provider is merely acting as a passive conduit for such distribution, and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with the Service, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a third-party service. You agree not to disclose your password to any third party. You must notify the Service Provider immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service Provider respects the intellectual property rights of others. It is the policy of the Service Provider to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement“) of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of, and include in your notice the following information of the alleged Infringement:
- a description of the copyrighted work, or other intellectual property that you claim has been infringed;
- sufficient detail of where the allegedly infringing material is located on the Service;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- your address, telephone number, and email address;
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
- a statement by you that the above information in your notice is accurate, and that you are the copyright or intellectual property owner, or authorized to act on behalf of the copyright or intellectual property owner.
The Service Provider may provide notice to its users by means of (a) a general notice on the Service, (b) an email to one or more users to the email address stored in the records of the Service Provider, or (c) a written communication sent by first-class mail to one or more users to the physical address stored in the records of the Service Provider. If you receive such a notice, you may provide counter-notification in writing which, to be effective, must contain the information specified above. Any Content posted to the Service which is successfully deemed to be an Infringement may be removed by the Service Provider, or modified as appropriate to the satisfaction of the copyright owner. The Service Provider may, in its sole discretion and in appropriate circumstances, terminate the accounts of any user on the Service who has been deemed to be a repeat infringer. The Service Provider may also, in its sole discretion, limit access to the Service and/or terminate the accounts of any user on the Service who has been deemed to infringe any intellectual property rights of others, whether or not there is any repeat infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and all contents, including but not limited to text, images, graphics, or code, excluding third-party products where any claim to intellectual or exclusive ownership rights is prohibited, are the property of the Service Provider and are protected by copyright, trademarks, database, and other intellectual property rights. You may display, copy, download, or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with the Service Provider. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of the Service Provider, its affiliates, or its licensors. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service.
Links to Other Websites
The Service may contain links to third-party websites or services that are not owned, controlled, or operated by the Service Provider. If you click on a link to a third-party website, you will be directed to that third-party website. The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR SERVICES. It is strongly advised that you to read the terms and privacy policies of any third-party websites or services that you visit.
The Service may access third-party services, which the Service may or may not supply, to assist you. THE SERVICE DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES, INFORMATION, PRODUCTS, OR MATERIALS. THE SERVICE PROVIDER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM USE OF THIRD-PARTY SERVICES.
The Service Provider may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend, and hold harmless the Service Provider, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions, or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person, or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
THE SERVICE PROVIDER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF THE SERVICE; (B) YOUR INABILITY TO ACCESS OR USE THE SERVICE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE; (D) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (E) THE UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT THE SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to conduct yourself with due regard to public conventions and morals, and agree that you will not do or commit any act or thing that will tend to degrade the Service Provider or bring it into public hatred, contempt, scorn or ridicule, or that will tend to shock, insult, or offend the community, or ridicule public morals or decency. Further, you will not market the Service Provider or the Service using illegal, unethical, or misleading methods, or through inaccurate content.
Disclaimer and Non-Waiver of Rights
THE SERVICE PROVIDER MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND AS REGARDS THE WEBSITE AND ASSOCIATED TECHNOLOGY. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS, AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. THE SERVICE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. IF YOU BREACH ANY OF THESE TERMS AND THE SERVICE PROVIDER CHOOSES NOT TO IMMEDIATELY ACT, OR CHOOSES NOT TO ACT AT ALL, THE SERVICE PROVIDER WILL STILL BE ENTITLED TO ALL RIGHTS AND REMEDIES AT ANY LATER DATE, OR IN ANY OTHER SITUATION, WHERE YOU BREACH THESE TERMS. THE SERVICE PROVIDER DOES NOT WAIVE ANY OF ITS RIGHTS. THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY PURPORTED BREACH OF THESE TERMS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL. A PERSON WHO IS NOT A PARTY TO THESE TERMS SHALL HAVE NO RIGHTS OF ENFORCEMENT. YOU MAY NOT ASSIGN, SUB-LICENSE, OR OTHERWISE TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Nova Scotia, Canada.
The Service Provider reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material and does not need to be implemented with immediate effect, the Service Provider will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Service Provider. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
These Terms will pass to the benefit of and be binding upon the respective heirs, executors, administrators, and successors of the Service Provider, and you.
The headings, captions, titles, and numbering system are inserted only as a matter of convenience, and may under no circumstances be considered in interpreting the provisions of these Terms.
Feel free to contact the Service Provider if you have any questions about these Terms.