Terms of Service ("Terms")
Last updated: June 01, 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.tennisdrills.tv website (the "Service") operated by Capestany Tennis Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Capestany Tennis Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Capestany Tennis Inc. customer support team.
Cancellations to your membership take effect at the end of your current billing period. Therefore, there are no partial month/year refunds or credits. It is your responsibility to cancel your paid membership if you are not utilizing the Service for which you are paying. Therefore, we do not refund for unused periods of your membership.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Capestany Tennis Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Capestany Tennis Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, your subscription will be canceled and Capestany Tennis Inc. will issue an electronic message with directions on how to proceed manually to reactivate your subscription.
Capestany Tennis Inc., 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.
Capestany Tennis Inc. 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 monthly Subscriptions may be considered by Capestany Tennis Inc. on a case-by-case basis and granted in sole discretion of Capestany Tennis Inc.
Refunds are not available for annual subscriptions.
Capestany Tennis Inc. will track and monitor use of your log-in information and in the event that your log-in information is being used by multiple IP Addresses, we shall retain the right to change your password and supply you with a new one. We maintain the right to cancel your membership hereunder upon the occurrence of repeated username (email) distribution as described in the previous sentence.
It is strictly prohibited to permit any other person to access the Site. You must keep your password secure and never share a password with anyone or in any way make them accessible to others. We reserve the right to change your username and password based solely in our discretion.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features, and functionality are and will remain the exclusive property of Capestany Tennis Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Capestany Tennis Inc.
Downloading our videos is strictly prohibited. We use a video streaming service that does not allow our videos to be downloaded and no one is allowed to use third-party software to override this feature or to download our video content.
Links to Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by Capestany Tennis Inc.
Capestany Tennis Inc. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Capestany Tennis Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss 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 third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Capestany Tennis Inc. and its licensees and licensors, and their employees, contractors, agents, shareholders, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, and/or b) a breach of these Terms.
Limitation of Liability
In no event shall Capestany Tennis Inc., nor its shareholders, officers, contractors, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and/or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
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.
Capestany Tennis Inc. 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.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement and understanding between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will provide at least 15-days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us. support@CapestanyTennis.com