ICONNECT2U SPORTS – SUBSCRIBER AGREEMENT
Last Modified: May 19, 2020
The Point Guard Academy (TPGA) Online Service Subscriber Agreement
iconnect2u Sports (“iconnect2u”, “we”, “us”, “our”) welcomes you to the TPGA Online Service. The “TPGA Online Service” includes the TPGA website, learning management system, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT (“TPGA ONLINE SUBSCRIBER AGREEMENT”, OR “AGREEMENT”) CAREFULLY BEFORE USING THE TPGA ONLINE SERVICE.
You agree to the TPGA Online Subscriber Agreement by clicking “Agree & Continue” or other industry standard mechanism during the TPGA Online registration process and ratify your agreement when you use any aspect of the TPGA Online Service.
If you do not agree to the TPGA Online Subscriber Agreement, you may not use the TPGA Online Service.
We may amend this Agreement, from time to time, in our sole discretion. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the TPGA Online Service. If you do not agree to any change to this Agreement, you must discontinue using the TPGA Online Service.
Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR THOSE LITIGATED IN A SMALL CLAIMS FORUM, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Binding Arbitration and Class Action Waiver
8. Additional Provisions
1. USER ELIGIBILITY
a. Eligibility and Age Limitations. Only residents of the countries where we offer the TPGA Online Service (collectively, the “Territory”) are eligible to register for a TPGA Online account. This TPGA Online Subscriber Agreement governs for residents of Australia and all Australian territories. You must be 18 years of age, or the age of majority in your territory of residence, to purchase the TPGA Online Service. The TPGA Online Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a TPGA Online account or use the TPGA Online Service.
b. Registration. Only individuals that have registered for a TPGA Online account, provide certain information (e.g. a valid email address) and agree to the TPGA Online Subscriber Agreement are eligible to use the TPGA Online Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your TPGA Online account. However, if you allow others to access your TPGA Online account, this Agreement, as well as any specific consents you may have provided, also applies to their access, use and disclosure of information. You agree to immediately notify us of any authorized access to and/or use of your TPGA Online account. To the fullest extent permitted by law, we will not be responsible for any losses arising from the unauthorized use of your TPGA Online account.
c. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you, or (ii) by posting notice on the TPGA Online Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide to us.
2. SUBSCRIPTION TERMS
a. Subscription and Auto-Renewal. Your subscription to the TPGA Online Service includes enrolment into an ongoing/recurring payment plan, should you choose that option if made available to you. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you up to thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the TPGA Online Service. Please check with your Internet provider for information on possible Internet data usage charges.
b. Free Trials. There are no free trials offered for the TPGA Online Service.
c. Cancellation and Refund Policy. You have no right to cancel your subscription to TPGA Online Service. All payments are final once you make them.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the TPGA Online Service. You authorize us to continue to charge you card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds or otherwise, we may suspend or terminate your subscription. To the extent permitted by applicable law, you also agree that we may charge your payment method on file if you decide to restart your TPGA Online Service subscription.
e. Subscription Obtained Through Third Parties. We do not currently offer TPGA Online subscriptions through third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this TPGA Online Service Subscriber Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
• Access, view and make non-commercial, personal use of the TPGA Online Service; and
• Stream, or temporarily download copyrighted materials, including but not limited to videos, training documents, checklists, bonus materials, images and artwork (the “TPGA Online Content”) that are available to you from the TPGA Online Service.
This is a license agreement and not an agreement for sale, distribution or assignment of any rights in the TPGA Online Content or the TPGA Online Service. The purchase of a license to access, view and/or temporarily download any TPGA Online Content does not create an ownership interest in the TPGA Online Content. Such TPGA Online Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the TPGA Online Content, is owned by us, our affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the TPGA Online Content. You agree that as a condition of your license, you may not and agree not to: (i) circumvent or disable any content protection system or digital rights management technology used in connection with the TPGA Online Service to control access to the TPGA Online Content; (ii) copy the TPGA Online Content (except as expressly permitted by this TPGA Online Service Subscriber Agreement); (iii) rebroadcast, transmit or perform the TPGA Online Content available via the TPGA Online Service; (iv) create derivative works of the TPGA Online Content; or (v) allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the TPGA Online Service. You agree that as a condition of your license, you may not and agree not to: (i) move, decompile, reverse-engineer, disassemble or otherwise reduce to human-readable form the TPGA Online Service and/or video player, its underlying technology, any digital rights management mechanism, device or other content protection or access control measure incorporated into the video player; (ii) modify the TPGA Online Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the TPGA Online Content or the TPGA Online Service; (iii) access or use the TPGA Online Service in a manner that suggests an association with our products, services and/or brands; (iv) use the TPGA Online Service for any commercial or business related use or in any commercial establishment or area open to the public, or build a business utilizing the TPGA Online Content or TPGA Online Service, whether or not for profit; (v) create derivative works of any of the TPGA Online Content or TPGA Online Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law; (vi) use the TPGA Online Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TPGA Online Service Subscriber Agreement; or (vii) otherwise allow third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed above in this Section 3 is a violation of our rights and the copyright holder’s rights.
4. USE AND SHARING OF CERTAIN INFORMATION
We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
5. SUSPENSION AND TERMINATION
You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend or terminate your access to part or all of the TPGA Online Service and to any TPGA Online Content if we believe you are using or have used the TPGA Online Service or TPGA Online Content in violation of the TPGA Online Service Subscriber Agreement, and/or applicable law or regulations, or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto.
To the fullest extent permitted by law, you agree that we will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your TPGA Online account, TPGA Online Service and/or TPGA Online Content.
6. BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor we will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
All arbitrations will be held in Los Angeles, California and will be subject to the laws of California and the jurisdiction of District Courts based in the County of Los Angeles.
This agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.
7. ADDITIONAL PROVISIONS
This TPGA Online Service Subscriber Agreement, and the provisions referenced herein, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the TPGA Online Service Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.