We may, at our sole discretion, modify these Terms & Conditions at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms and Conditions were last modified as of December 01, 2020.
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
- Consideration time: the term during which the consumer can execute the right of withdrawal.
- Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
- Day: calendar day
- A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
- Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
- Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
- Entrepreneur: the natural person or corporation who offers distance products to consumers.
- Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
- Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
Le Triangle Vert Bâtiment 2
434 allée François Aubrun
13100 Le Tholonet
Chamber of commerce number: 891921736 RCS
If the activity of the entrepreneur is submitted to a relevant licensing system: the data of the supervisory authority.
If the entrepreneur pursues a regulated profession:
- The professional association of which the entrepreneur is a member:
- The profession, the location in the EU or in the European Economic space where this profession has been assigned:
- A reference to the professional rules which apply in FRANCE and instructions where and how accessible these professional rules are.
Article 3- Relevance
- These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
- Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
- If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
- For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
Article 4- Offer
- If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
- Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- price inclusive taxes
- possible costs of delivery
- the manner in which the agreement has been concluded and the necessary signatures
- whether to apply the right of withdrawal
- the method of payment, delivery and performance of the contract
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
- if the agreement after the conclusion is archived and if so how to consult it for the consumer
- the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
- any other languages, including French, for the agreement
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
- the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
- The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
- If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
- The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
- The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
- The address of the company for the consumer to file complaints
- The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
- Information about after sales guarantees and services
- Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
- The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
- In case of a length transaction the previous clause e. is only applicable for the first delivery.
Article 6- Right of Withdrawal
Deliverance of products:
- After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
- During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
- After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
- In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
Article 7- Withdrawal Costs
- If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
- If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by the entrepreneur according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
- Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
- Whose delivery has begun with the express consent of the consumer before the consideration period has expired.
- Concerning betting and lotteries
Article 9- Pricing
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
- Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
- The in the offer mentioned prices exclude VAT.
Article 10- Conformity and Guarantees
- The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Article 11- Delivery and Execution
- The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
- The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
- Taking into account what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
- In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
- If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
- The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.
Article 12- Length transactions: duration, termination and extension
- The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.
- The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
- The consumer can in the agreements in the previous mentioned paragraph:
- at all times terminate with no restrictions to terminate at a certain time or during a certain period
- at least terminate in the same manner as they are entered into by him
- at all times terminate with the same notice as the entrepreneur has obtained for himself.
- An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.
- Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
- An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
- An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.
- If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.
- Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
- When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
- The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
- In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 14- Complaints
- The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
- The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
- If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 15- Disputes
- French law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
- In case of disputes the consumer can approach Médiation-NET Consommation Parc 2000 18, rue Joe Dassin
- 34080 Montpellier
Article 16- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
Article 17– Copyright, Licenses
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are ProTennisPlace, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by ProTennisPlace in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by ProTennisPlace in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ProTennisPlace or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the ProTennisPlace name or trademarks without the express written consent of ProTennisPlace.
Article 18– User Submissons
Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms & Conditions as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms & Conditions. ProTennisPlace does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize ProTennisPlace to use the User Submissions in the manner contemplated by the Service and these Terms and Conditions.
You hereby grant to ProTennisPlace a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to ProTennisPlace by all means and in any media now known or hereafter developed. You also grant to ProTennisPlace the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ProTennisPlace for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ProTennisPlace.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms & Conditions and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyrights, Licenses and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
ProTennisPlace will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to the appropriate authorities.
Article 19– Account Terms
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. ProTennisPlace will not be liable for any loss or damage from your failure to comply with this security obligation.
Article 20– Rules for All Users
ProTennisPlace is a tennis platform community. When you sign up for the Site, you agree to the following rules:
- You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
- Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
- You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
- You assume full responsibility for the content of the Service offered.
- You understand that video sessions / classes (webinars, one to one sessions and locker rooms) posted are publicly available to be viewed and accessed by anyone.
- You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- You will not share content from the Service with anyone who is not properly licensed to access the content.
- You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
- You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
- You will not impersonate any person or entity, including any of our employees or representatives.
- You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Article 21– Specific rules for Exchange Experts (teachers)
When you publish a class on the Site, you agree to the following rules:
- You will honor any enrollments through ProTennisPlace.com at the price and time listed in the Service, and not to refuse enrollments or participation by any participant for any discriminatory or other illegal reason.
- You grant us the right to place advertisements on your content at our sole discretion.
- Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
- You represent and warrant to ProTennisPlace that you are qualified to teach the video sessions / classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
- You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
- You may choose to remove content from your video session / class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.
- You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
- You agree that you will not submit content to ProTennisPlace that violates the ProTennisPlace Community and Class Guidelines, which may be occasionally updated.
- ProTennisPlace reserves the right, but is under no obligation, to delete the listing of any class at any time and for any reason.
Article 22– Specific rules for participants of video sessions / classes
When you enroll in a class on the Site, you agree to the following rules:
- You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on ProTennisPlace.
- You will follow all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.
- You may access class content for your information and personal use only.
- You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.
- ProTennisPlace reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
Article 23– Data Policy
When a user participates in a video session / class on ProTennisPlace, we will share the student’s username and profile with the teacher for the purpose of teaching these users on ProTennisPlace. By enrolling in a video session/ class on ProTennisPlace, a user grants to us permission to share that student’s information with the expert / teacher. The expert / teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for ProTennisPlace-related communications or for ProTennisPlace-facilitated transactions. The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not misuse any student’s personal information. Remember that you need to comply with all relevant legal rules when you use ProTennisPlace. This include applicable data protection and privacy laws which govern the ways in which you can use another ProTennisPlace user’s information.
Article 24– Teaching or Participating in a Class
These Terms and Conditions and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that an expert / teacher and participant may enter into in connection with a video session / class, including any Class Agreements entered into through the Service. Participants and experts / teachers are each responsible to the other for complying with the terms of the Class Agreements, but ProTennisPlace has no control over either party’s compliance. Among other things, ProTennisPlace cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, ProTennisPlace shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE PROTENNISPLACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PROTENNISPLACE PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANYKIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or participation in a class is at your sole risk. ProTennisPlace does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE PROTENNISPLACE AND EACH OF THE OTHER PROTENNISPLACE PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A PARTICIPANT OR EXPERT / TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Article 25– ProTennisPlace Rights
ProTennisPlace reserves these rights:
- We can make changes to the ProTennisPlace Site and Services without notice or liability.
- We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ProTennisPlace in that jurisdiction.
- We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- We have the right to remove an expert / teacher from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
- We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.
ProTennisPlace is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Article 26– Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ProTennisPlace spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms and Conditions.
The video sessions / Classes offered on ProTennisPlace are offered directly by the experts / teachers. ProTennisPlace is not responsible or liable for any information on its Service listings or profiles. ProTennisPlace is not responsible for any changes made to a class by the expert / teacher.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Article 27– Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER PROTENNISPLACE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE,NOR ANY OTHER PROTENNISPLACE PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any rights of ProTennisPlace expressly granted herein are reserved.