Website Terms of Use
Effective as of April 15, 2024
These Terms of Use apply to Coach Birdie’s courses and related sites and applications (collectively, the “Site”). This Site is owned and operated by Coach Birdie, LLC (“Coach Birdie”, “we” or “us”). You should read these Terms of Use carefully. Your access to and use of the Site is governed by these Terms of Use, which are a legally binding contract between you and us. In addition, when accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.
Amendments to Terms of Use
We reserve the right to change these Terms of Use and any of our other terms, conditions and rules relating to the Site, at any time. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Third Party Service Providers & Suppliers
Coach Birdie may use third party service providers and/or suppliers to help develop and maintain this Site and to provide specific products and services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, inure to the benefit of any third-party service providers engaged by Coach Birdie. All references to Coach Birdie are deemed to include its agents, suppliers, and service providers.
Use of Site and Materials
Through this Site, Coach Birdie may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").
Coach Birdie and its licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Coach Birdie to you are retained by Coach Birdie, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use.
The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by law and may not be copied or imitated. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Coach Birdie, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Coach Birdie’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Coach Birdie by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Coach Birdie. Our trademarks and trade dress cannot be used without an express, written license agreement, including in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that may disparage or discredit Coach Birdie. All other trademarks not owned by Coach Birdie that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Coach Birdie.
Coach Birdie and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
Eligibility
The Site is available only to individuals who are at least 13 years old. You represent and warrant that you are of legal age to form a binding contract. We may, in our sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Site Access and Registration
As a condition to using certain aspects of the Site and/or Services, you may be required to register an account with us and select a password and username. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of or cancel a username in our sole discretion.
You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your username and password. You should not share your password or username with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account.
You should contact us immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or username. We may justifiably assume that any purchases or instructions received through any electronic systems and placed under your account were placed or authorized by you.
Pricing and Orders
If you wish to purchase any courses or programs made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, mailing address, telephone number, email address, and payment information. You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. Orders placed on our Site are processed by our third-party service providers and suppliers.
In the event of a credit card dispute, we reserve the right to pursue all available legal remedies to recover the disputed amount, including but not limited to pursuing the matter through the credit card company and/or initiating legal proceedings against you. If a chargeback is issued, we may suspend or terminate your account, cancel any pending orders, and/or refuse future orders from you until the dispute is resolved to our satisfaction.
User Content
The Site and Services provide you with the ability to upload or otherwise provide information, data, text, software, photographs, videos, graphics, messages, products, services and/or other materials (individually and collectively, "Content") to the Site. All Content is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit or otherwise make available through or on this Site. You are also solely responsible for all Content posted under your Account. Coach Birdie does not control the Content posted on or through this Site and, therefore, Coach Birdie does not guarantee the accuracy, integrity or quality of such Content.
All Content is considered non-confidential and non-proprietary. Coach Birdie will not have any ownership rights in any elements of your Content; however, Coach Birdie requires certain licenses to provide the Site and perform the Services. By contributing Content, you grant Coach Birdie a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize, subject to our Privacy Policy. THIS MEANS THAT COACH BIRDIE AND ANY OF OUR AFFILIATES MAY USE YOUR CONTENT AS WE SEE FIT, AND THAT WE DO NOT OWE YOU ANYTHING IN CONNECTION WITH OUR USE OF YOUR CONTENT. You waive all rights in and to your Content in favor of us, our successors, assigns, and licensees.
You represent and warrant that (i) you own or otherwise control all of the rights to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate this policy; (iv) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the Content will not cause injury to any person or entity.
Should Content be deemed illegal, Coach Birdie will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any Content submitted by you is offensive, inappropriate, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we may ask you to retract or modify the Content in question, or we may edit or remove the Content or terminate your Account. We have no obligation, however, to restrict or monitor Content in any way.
You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available through our Site. You acknowledge that we do not have any obligation to pre-screen Content, although we reserve the right, in our sole discretion, to refuse or delete any Content.
You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
We do not want to receive any confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Coach Birdie employee, any material, information or idea you transmit to Coach Birdie or the Site by any means may be disseminated or used by Coach Birdie without compensation or liability to you for any purpose whatsoever.
We do not claim ownership of the Content you upload, place or post through this Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content.
Feedback
If you provide Coach Birdie with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Coach Birdie, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you. Coach Birdie will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Coach Birdie resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.
Consent to Collection and Use of Usage Data
You agree that we may collect, use and share certain information about you and your use of the Service, including but not limited to technical information about our services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Service (collectively, “Usage Data”). Coach Birdie uses Usage Data to improve its products and the Service, facilitate the provision of Service updates, and provide support and other service to you. Usage Data is automatically transmitted to Coach Birdie by the Service. You acknowledge and agree that Coach Birdie retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. Coach Birdie may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identifies you before sharing Usage Data with third parties.
Prohibited Behaviors
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:
- Removing , copying or destroy any proprietary rights marks or legends on or in the Site.
- Modifying, enhancing, adapting, translating, creating derivative works of, decompiling, disassembling, or reverse engineering the Site.
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site. Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce our rights.
Privacy
We have a policy that addresses privacy, available here. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you voluntarily post on this Site or post about us or our products on other sites, are public and are not protected under our Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.
Third Party Sites and Information
Our Site may include access to content, products, or services offered by third parties through hyperlinks, API, or otherwise. We are not responsible for any content or linked sites owned or controlled by a third party. We provide such content and links only as a convenience to you. Coach Birdie reserves the right to terminate any link or linking program at any time. We have not endorsed, tested or verified any third-party information, companies, or products to which it links or otherwise makes available. If you decide to access any third-party sites linked to this Site, use such third party’s products or services, or provide any personally identifiable information to a third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.
Territory
We operate this Site from the United States. We make no representation that content and materials on this Site are legal or appropriate for use outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE AND ALL MATERIALS, SERVICES, PRODUCTS AND INFORMATION AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED BY US AND OUR SUPPLIERS AND BUSINESS PARTNERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS SITE AND OUR PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, OUR COURSES AND PROGRAMS) IS AT YOUR SOLE RISK. BY USING THIS SITE OR PURCHASING OUR PRODUCTS, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, INCLUDING BUT NOT LIMITED TO THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM, AND YOU EXPRESSLY RELEASE US AND OUR THIRD-PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH WE MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, OUR AFFILIATES, OUR SUPPLIERS, OUR SERVICE PROVIDERS, AND/OR OUR BUSINESS PARTNERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, THE MATERIALS, SERVICES, OR PRODUCTS PROVIDED HEREUNDER, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. IN ANY EVENT OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO US FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF OUR CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, agents, suppliers, partners, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, the Materials and/or the Services, or our products and services, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Termination
We may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and our rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Site, our products and services, or these Terms of Use, and any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.
How to Contact Us
If you have questions about these Terms of Use or our products or services generally, please contact us as follows:
Coach Birdie, LLC
3003 East Michigan Ave #1300
Lansing, Michigan 48912
United States of America
Email: [email protected]
30376505
