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Acceptance of Terms of Use
These Terms of Use govern your use of the Zen Golf "Listen, Watch & Learn" Package (Membership) and Website. By using, visiting, or browsing the Zen Golf Membership and or Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Zen Golf Membership or Website.

These Terms of Use are an ongoing contract between you and Zen Golf and apply to your use of the Zen Golf Membership and Website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Zen Golf reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions.

Privacy
Any personally identifying information submitted on the Zen Golf Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works
Zen Golf Membership is an online subscription service providing its Program Members (members) with access to a comprehensive library of audio, video and written materials that may be accessed and or streamed over the Internet. In addition, members may participate in our Zen Golf Teleforum, and are entitled to other benefits, as set forth on the Listen, Watch & Learn Benefits page.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work.

Membership and Billing
You can find the specific details regarding your membership with Zen Golf at anytime by clicking on the "My Account" page on the Zen Golf Website.

Ongoing Membership
Your Zen Golf Membership will continue in effect unless and until you cancel your membership or we terminate it. 

Cancellation
You may cancel your membership to Zen Golf Membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

We reserve the right to terminate your account for any or no reason.

Applications
The Zen Golf website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Zen Golf. Unless otherwise noted by Zen Golf these Applications are provided solely as a convenience to you, and Zen Golf is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Zen Golf Membership. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Zen Golf Membership, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Zen Golf has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Zen Golf harmless for the sharing of information relating to your Zen Golf Membership and that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Zen Golf account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your Zen Golf account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by Zen Golf. While these Applications may utilize Zen Golf trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Zen Golf, unless otherwise indicated by Zen Golf. Zen Golf DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection
In order to provide you with ease of access to your account, Zen Golf will place a cookie (a small text file) on any computer from which you access the Zen Golf Website. When you revisit the Zen Golf Membership and web site, this cookie should enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Zen Golf .

If you find that you're a victim of identity theft and it involves a Zen Golf account, you should notify the Zen Golf office. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Zen Golf reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Zen Golf is not obligated to credit or discount a membership for holds placed on the account by either a representative of Zen Golf or by the automated processes of Zen Golf.

Disclaimers of Warranties and Limitations on Liability
THE ZEN GOLF SERVICE, INCLUDING ALL AUDIOS, VIDEOS, FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE AND ITS CONTENTS. ZEN GOLF DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ZEN GOLF SERVICE, INCLUDING USE OF OUR STREAMING FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ZEN GOLF MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. ZEN GOLF SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content (including DVDs) delivered by the Zen Golf service or on the Zen Golf website; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Zen Golf service and/or website; (iv) delivery and or display of any content contained on the Zen Golf Website or through the Zen Golf service, including any audio or video; and (v) any losses or damages arising from the use of the content provided on the Zen Golf Website or the Zen Golf service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, Zen Golf Membership and streaming audios or videos or any conduct by users of the Zen Golf service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on videos from the Zen Golf service or the descriptions of any content contained on our website. We do not represent or guarantee that your use of the Zen Golf Website and membership will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Zen Golf or its affiliated parties.

In no event shall Zen Golf, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Zen Golf Website, its contents or the Zen Golf membership service, including any streaming audio or video, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Zen Golf membership service, including any audios or videos, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

Copyright
The Zen Golf Website and all content included on the Zen Golf Membership and Website and delivered to members as part of the service, including audios, videos, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Zen Golf, or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Zen Golf, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Zen Golf, or its suppliers. You agree to adhere to the restrictions set forth under these "Terms of Use". You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Zen Golf Website, not to insert any code or product or manipulate the content of the Zen Golf Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Zen Golf reserves the right to terminate your membership hereunder if Zen Golf, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including, but not limited to, the copying or other unauthorized use of our proprietary content. Zen Golf does not promote, foster or condone the copying of audios or videos or any other infringing activity. The use of the Zen Golf Membership service, including audios and videos is solely for your personal and non-commercial use.

Trademarks
The trademarks, service marks and trade dress of Zen Golf website may not be used or reproduced without prior written approval from Zen Golf and may not be used in connection with any product or service that is not affiliated with Zen Golf, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Zen Golf, or in any manner that disparages or discredits Zen Golf. Other trademarks that appear on the Zen Golf are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zen Golf. Any images of persons or personalities contained on the Zen Golf are not an indication or endorsement of Zen Golf or any particular product or our service unless otherwise indicated.

Use of Information Submitted
Zen Golf is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Zen Golf ("Feedback"), including responses to questionnaires or through postings to the Zen Golf , without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Zen Golf or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Zen Golf does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Zen Golf. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Zen Golf and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Electronic Communications
By using the Zen Golf website, you consent to receiving electronic communications from Zen Golf. These communications will include notices about your account and information concerning or related to our service or other offerings. These communications are part of your relationship with Zen Golf and you receive them as part of the Zen Golf membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching the Zen Golf Office.

Your Conduct on the Zen Golf Website
By accessing the Zen Golf website, you agree to use the Zen Golf service, including all audios and videeos, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Zen Golf website. You also agree not to interfere with the servers or networks connected to the Zen Golf website or to violate any of the procedures, policies or regulations of networks connected to the Zen Golf website. You also agree not to impersonate any other person while using the Zen Golf website, conduct yourself in a vulgar or offensive manner while using our service, or use the Zen Golf website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the Zen Golf service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Zen Golf , without our express written consent. Zen Golf does not promote, foster or condone the copying of audios, videos, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zen Golf without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Zen Golf name or trademarks without our express written consent. Any unauthorized use of the Zen Golf website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages
Some of the hyperlinks on the Zen Golf website may lead to other websites or Applications that are not controlled by, or affiliated with, Zen Golf. In addition, other websites may link to the Zen Golf website or Zen Golf may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Zen Golf may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where Zen Golf members may obtain or purchase such Applications and devices. Zen Golf has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that Zen Golf is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications."

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: February 28, 2011


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