Our Terms Of Service
LAST UPDATED: October 21, 2019
NON-LEGALESE, SIMPLE ENGLISH SUMMARY
1) This website and our Hit It Great™ branded apps provide informational content, including strenuous exercise routines. You are responsible for your level of exertion.
2) If you are under age 18, you are promising us that you have the permission of your parents or guardians. If you are a parent or guardian, you are promising us that you will monitor and supervise your child's use of Hit It Great Services. If you have questions about the Hit It Great Services, please contact us at firstname.lastname@example.org.
3) You are subscribing to our website for the term (length of time) you select when you purchase your subscription. Your subscription will be automatically renewed at the end of each term.
4) If you wish to cancel your account before your next scheduled renewal, notify us at least 10 days before the end of your term by sending an email to email@example.com. Once you cancel your renewal, your data will be deleted from our servers.
FULL LEGAL VERSION
Golf Products Investments, LLC, the parent company of Hit It Great (“HIG”), is pleased to offer you access to and use of our website, streaming services, applications, products, equipment, technology and information (“HIT IT GREAT SERVICES”) for the purposes of optimizing an individual’s fitness for athletics.
Before you begin, it’s important for you to know and understand that by receiving the information we provide on our website and apps, you are entering into an agreement with us, which we’ll explain more about below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING ANY HIG APPLICATIONS, CONTENT OR WEBSITES. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE INFORMATION OR PURCHASE ANY OF OUR PRODUCTS, OR SUBSCRIBE IN ANY WAY.
END USER AGREEMENT AND TERMS OF SERVICE
This End User License Agreement and Terms of Service (the “AGREEMENT”) is a binding contract between you and HIG and governs your use of HIT IT GREAT SERVICES.
By using HIG you consent to receive this Agreement in the electronic form presented here.
This Agreement begins on the date you first use the Hit It Great Services and continues as long as you have an account with us.
We may need to make updates to this agreement in the future. We reserve the right to make changes to this Agreement at any time in the future as we deem necessary. If there are changes that materially affect your rights or obligations, we will notify you via a message in our App or through email. If, for any reason, you do not agree with future updates to this agreement, immediately contact our support team and we will provide a refund for the unused portion of your current subscription.
If you have any questions or concerns about the terms and conditions in this agreement, please call or email our team for clarification.
If you are under age 18, you may only use The Information with the permission of your parent or guardian. Parents or guardians are responsible for monitoring and supervising minors and the use of the Information. If a minor is using the Information with parental or guardian consent, they should contact Us so We can disable access.
IMPORTANT HEALTH WARNING AND DISCLAIMER
The contents on our website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM, ESPECIALLY IF YOU HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, HIGH CHOLESTEROL, BONE OR JOINT PROBLEMS OR ANY OTHER CONDITION THAT MIGHT BE WORSENS BY A ENGAGING IN RIGOROUS PHYSICAL ACTIVITY. WE DO NOT PROVIDE HEALTH ADVICE OR CONDUCT TESTING TO DETERMINE IF OUR SERVICES ARE APPROPRIATE FOR YOU.
GRANT OF LIMITED LICENSE
HIG grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the most current available versions of the HIT IT GREAT SERVICES for your lawful, personal and non-commercial use as we intend for it to be used.
You acknowledge and agree that the HIT IT GREAT SERVICES, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by HIG or its affiliates, licensors or suppliers. You expressly agree that you gain no rights, title, or interest in or to any HIT IT GREAT SERVICES or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and HIG. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of HIG or any third party.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any HIT IT GREAT SERVICES; (ii) decompile, reverse engineer, disassemble or otherwise reduce any HIT IT GREAT SERVICES to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the HIT IT GREAT SERVICES; (iv) access or use any HIT IT GREAT SERVICES in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any HIT IT GREAT SERVICES or any part thereof, except as expressly authorized in these Terms or as part of the HIT IT GREAT SERVICES provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any HIT IT GREAT SERVICES or connected network, or interfere with any person or entity’s use or enjoyment of any HIT IT GREAT SERVICES; (vii) access, monitor, or copy any element of the HIT IT GREAT SERVICES using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the HIT IT GREAT SERVICES, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any HIT IT GREAT SERVICES in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any HIT IT GREAT SERVICES, you represent and warrant that: (ix) your access to and use of the HIT IT GREAT SERVICES, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any HIT IT GREAT SERVICES and our websites. You agree that the breach of any of the provisions of this section will lead to immeasurable and irreparable harm wherein both equitable and money damages shall be appropriate.
If you access any HIT IT GREAT SERVICES using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc., will not be responsible for any damages arising out of the failure of a HIT IT GREAT SERVICES to operate as intended.
Subscription: Auto-renewal and billing; Subscription Fees; Free Trial Terms.
Subscription. HIG is a paid, automatically renewing subscription service. You will be charged the subscription amount based on your for the subscription period (i.e. one month, 6-months, 12-months, etc.) you choose upon completion of your registration and submission of your payment information unless your membership includes a free trial period. If your payment method is declined for any reason, HIG shall be entitled to pursue late fees or additional charges incurred to effectuate the subscription.
Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If your payment method is declined for any reason, HIG shall be entitled to pursue late fees or additional charges incurred to effectuate the subscription.
Free Trials. If you accepted an offer with a free trial, your subscription begins when you have completed the free trial sign-up process. At the end of your free trial, you will begin to be billed automatically when the subscription period expires until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial refunds or credits. If you cancel your free trial membership during the free trial period, you will not be charged.
Pricing and Special Offers. The pricing of subscription may vary from time to time. We cannot guarantee that your subscription price is lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
Service Add-Ons– Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation Changes. HIG may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
HOW TO CANCEL If you would like to cancel any future renewals of your subscription to HIG Services you may do so at any time. However, you must cancel your subscription at the same website or App Store where you originally subscribed (e.g. hititgreat.com, Apple’s App Store, Google’s “Play” App Store, etc.)
If you signed up on our website, hititgreat.com:
- Sign in to website and click My Account. On your account page click the Cancel Account button.
If you signed up within an Apple iOS or Apple TV app:
If you signed up within a Google Play/Android app:
If you signed up within a Roku channel:
NOTE: If you’re unable to see those options on the Purchases settings page, contact us and provide the last four digits of the card currently being charged or the email registered in the account and we’ll do a search to help you further.
TERMINATION FOR BREACH: HIG may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if HIG determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage HIG's reputation or goodwill. If HIG deletes your account for the foregoing reasons, you may not re-register for the HIG Services. HIG may block your email address and Internet protocol address to prevent further registration. HIG is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
CONTENT OWNERSHIP: All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail at firstname.lastname@example.org If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to email@example.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF LIABILITY: The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
We disclaim any liability for any claim arising out of or relating to our website. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
INDEMNIFICATION: You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION: You agree to obey all applicable laws while using our website. You agree that the laws of Florida govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Palm Beach County Florida, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS: If any part of these terms and conditions of use are determined by a court` of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US: Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail at firstname.lastname@example.org, and providing us with information relating to your concern.
ENTIRE AGREEMENT: These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 10/21/2019.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website (see our website’s Terms and Conditions of Use for definitions), including all text, HTML, scripts, and images are copyrighted and owned by Golf Products Investments, LLC. All rights reserved.
No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.