The terms and conditions set out in this document, as amended from time to time (the “Terms”) are an agreement between you and Turbo Buzzer Inc. (“Tour Read Golf”) and govern your use of all The Tour Read Golf Coaches Certification Program materials, software, apps, products, services, websites including the Tour Read Coaches Portal, memberships, videos and promotional resources, provided to you (collectively referred to as the “Program”) by Tour Read Golf and its licensors. These Terms come into effect upon the earlier of your acceptance, as evidenced by your purchase of the Program, or the date that you first access the Program through the Coaches Portal.

Tour Read Golf may at any time revise these Terms, without notice, by updating the posting of these Terms at https://TourReadGolf.com/eula and changing the “Last Revised” date reference at the top of these Terms. It is your responsibility to check these Terms regularly for any such revisions. If you do not wish to be further bound by the Terms as amended, you must immediately notify Tour Read Golf in the manner prescribed in these Terms and stop using the Program. Your continued use of the Program will evidence your agreement to be bound by the Terms effective as of the time they were amended by Tour Read Golf.

The Tour Read Golf app is sold through the Apple App Store and has separate End User License Agreement (“EULA”) terms. In the event of an inconsistency with these Terms, these Terms shall take precedence to the extent of the inconsistency.

GRANT OF LICENSE

Tour Read Golf grants you a non-exclusive, non-transferable license to use the Program only for personal or internal business purposes.

Tour Read Golf retains all right, title and interest in the Program, including all copyrights, trade secret rights and other proprietary rights. This Agreement does not transfer ownership of any portion of the Program to you.

PRICING AND PAYMENT

You will pay the initial and recurring fees for the Program as they are outlined on the TourReadGolf.com website. You may cancel or change levels at any time by notifying Tour Read Golf in the manner prescribed in these Terms. Such cancellation or level change will take effect at the end of the then current billing or subscription period. Packages and pricing are subject to change without notice. All pricing is in US dollars. All pricing is exclusive of applicable taxes.

You are responsible for your use of the Program and you must notify Tour Read Golf promptly of any concerns or problems regarding the Program with regard to your account, including any disputes regarding fees and billing.

ACCESS TO SYSTEM

You will be provided with a login to your account to access the Program. You will be responsible for all activities that occur in connection with your account. You will not provide access to your account or any portion of the Program to any third party.

RESTRICTED CONDUCT

Software a Trade Secret: You acknowledge that the Program contains proprietary and valuable trade secrets of Tour Read Golf. You will not attempt to reverse engineer, decompile or disassemble the Program or any portion of it. You may not reproduce or distribute any portion of the Program including the algorithms, methods, data, charts, charts within it, unless specifically authorized in writing by Tour Read Golf.

You will not use or associate the Program or any Tour Read Golf marks or brand in any way that is illegal, pornographic, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, disparaging, defamatory, knowingly false or deceptive, or that invades any right of privacy or that infringes upon any rights (including intellectual property rights) of any person.

TESTIMONIALS

You hereby grant Tour Read Golf the worldwide right to use your name, likeness, testimonial(s), review(s), audio, video, and text (materials) directly or indirectly describing or mentioning the Program, for use in the Program and for the promotion, advertising, distribution and sale of the Program and the Tour Read Golf app, in any and all media of any nature whatsoever, where now known or hereafter devised and in any works derived therefrom, including the right to edit or modify the materials for this purpose. Termination of your subscription under any circumstances does not terminate Tour Read Golf’s rights to such materials granted herein.

USE OF PERSONAL INFORMATION

You acknowledge your express consent to receive notices, updates, and promotional offers from Tour Read Golf, including by but not limited to email, SMS, MMS, text message, postings on the Program, and calls (including voicemail and texts) made by an automatic telephone dialing system and sent to a cellular telephone. You may withdraw email consent anytime by clicking the “Unsubscribe” link in any email message. You may withdraw text message consent anytime by sending a return text message with the word STOP. You may also withdraw any and all consent by notice to Tour Read Golf sent by you in the manner prescribed in these Terms.

AFFILIATE MARKETING

At Tour Read Golf’s sole discretion, you may from time to time be authorized to promote the Tour Read Golf app or the Program as an “Affiliate”. If approved as an Affiliate, you will be provided with a unique URL to promote the approved product(s). Unless otherwise agreed in writing, the Affiliate will earn a 20% commission on the net software subscription fees actually paid to Tour Read Golf for the initial term of the subscription, from the Apple App Store or similar service, in respect of the download and installation of the product by or on behalf of customers using the Affiliate’s unique URL. Commissions will be calculated on software subscription fees, net of any store fees, promotional discounts and credit card processing fees adjusted for chargebacks, returns and other downward adjustments. Commissions only apply to the initial customer subscription term and not to any subscription renewals. Tour Read Golf may cancel any Affiliate URL and stop paying the Affiliate commissions at any time.

Payment: Commissions will be aggregated and paid electronically on a calendar quarterly basis. At the end of each quarter, payments above the minimum payment will be made within 30 days of the end of such quarter. Minimum payment is $100. The Affiliate is required to provide a valid and mutually agreed method of payment or payment credentials (such as an online payment, transfer or mailing address) to receive payment.

Acceptable Promotion: The Affiliate agrees that they will NOT will not use illegal or objectionable promotional methods or materials such as unsolicited email (SPAM) or other electronic messages, offensive materials, or materials to which they do not own or have the valid right to use, the intellectual property rights, when promoting Tour Read Golf products. The Affiliate shall, at all times, abide by Canada’s anti-spam legislation (commonly known as CASL) and any similar legislation that applies to the Affiliate. The Affiliate shall, at all times, respect the copyrights, trademarks and patents of the Tour Read Golf and make reasonable efforts to properly display such when promoting the products. Any affiliates using illegal or objectionable promotional methods or materials in any form may be immediately terminated and all payments will immediately cease. The final determination of what is acceptable when promoting Tour Read Golf products will be at the sole discretion of Tour Read Golf.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that the Program are provided on an “AS IS” and “AS AVAILABLE” basis and your use of the Program is at your sole risk. EXCEPT AS EXPRESSLY STATED ON THE TOUR READ GOLF TOURREADGOLF.COM WEBSITE, THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. For example, Tour Read Golf, its affiliates and their respective suppliers and licensors, make no warranty or condition that (i) the Program will be useful or meet your needs or requirements; (ii) that the Program will be available, uninterrupted, reliable, timely, secure, private, error-free or free of computer viruses or other harmful components; or (iii) the information or results that may be obtained from the use of the Program will be complete, accurate or reliable. ANY INFORMATION OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR OTHER CONTENT. No advice or information, whether oral or written, obtained by you from Tour Read Golf, its affiliates or their respective suppliers and licensors, or through or from the Program, shall create any warranty or condition not expressly stated on the Tour Read Golf TourReadGolf.com website. All materials displayed or provided to you in Program or through your registration for Program or otherwise are not to be a substitute for specific legal or financial advice. We advise you to seek out your own independent legal and financial advice regarding use of such materials and their content. THIS PARAGRAPH SHALL APPLY WITH EQUAL FORCE TO YOUR CLIENTS AND POTENTIAL CLIENTS AND OTHER THIRD PARTIES WHO ACCESS, OR ATTEMPT TO ACCESS, THE PRODUCTS. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL TOUR READ GOLF, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOUR READ GOLF PARTIES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF COMMISSIONS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION (WHETHER NEGLIGENT OR OTHERWISE), BREACH OF WARRANTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OR INABILITY TO USE THE PROGRAM; (II) THE ACCURACY OR EFFECTIVENESS OF THE PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CONTENT ON OR IN THE PROGRAM; OR (IV) ANY OTHER MATTER RELATING TO THE PROGRAM. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF TOUR READ GOLF OR ANY TOUR READ GOLF PARTY IN THE AGGREGATE, EXCEED THE AMOUNT OF $200.

INDEMNITY & RELEASE

You agree to indemnify and hold Tour Read Golf and the Tour Read Golf Parties harmless from any demand, claim, action, suit, proceeding, expenses, losses or damages of any kind whatsoever, including reasonable legal fees, brought by any third party due to, or arising out of: (a) use of the Program by you or any third parties; (b) your violation of these Terms; (c) your or Your Representatives violation of any rights of another or (d) your or Your Representatives. You hereby release, discharge and agree to indemnify and hold Tour Read Golf and all Tour Read Golf Parties harmless from any and all claims, demands or causes of actions that they may have now or in the future for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted to Tour Read Golf or any Tour Read Golf Party by you herein.

TERMINATION

You may cancel your subscription to the Program at any time by Tour Read Golf receiving notice sent by you in the manner prescribed in these Terms. Such cancellation will take effect at the end of your then current billing period. Tour Read Golf can cancel your subscription to use the Program at any time without notice, for any reason, including if Tour Read Golf believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon cancellation, the license granted under these Terms shall automatically terminate.

NOTICE

Any notice to be provided to Tour Read Golf shall be provided (i) in writing to Turbo Buzzer Inc., c/o ConsulNet, 3300 Bloor St. W, Suite 620, Toronto, ON M8X 2X2; (ii) by email to support@TourReadGolf.com; or (iii) by other means specified in writing by Tour Read Golf. Any notice to be provided to you shall be provided (i) by email to the your email address provided upon registration with Tour Read Golf; or (ii) by posting such notice on the Tour Read Golf website at https://TourReadGolf.com/eula.

RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall be construed as a partnership or joint venture between the parties and neither party is the agent of the other.

NO ASSIGNMENT

You shall not assign or otherwise transfer any rights or obligations under this agreement.

GOVERNING LAW

These Terms shall be treated in all respects as terms and conditions agreed to in Ontario, Canada. These Terms and any matter applicable to your use of the Program shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws provisions. Any dispute shall be settled in the courts located in the City of Toronto in the Province of Ontario, though the foregoing shall not limit the ability of Tour Read Golf to seek injunctions and remedies in other jurisdictions which are required to stop continuing breaches of these Terms by you.

ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

These Terms constitute the entire agreement between you and Tour Read Golf regarding your use of the Program and supercede any previous oral or written representations, negotiations or agreements. In the event of any inconsistency between these terms and any other Tour Read Golf publication, the provisions of these Terms shall take precedence to the extent of the inconsistency. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, in whole or in part, the invalidity of such provision or part thereof shall not affect the validity of the remaining provisions, or part thereof, which shall remain in full force and effect. No changes or amendments to these Terms shall be binding upon Tour Read Golf unless accepted by Tour Read Golf in writing. No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. No failure on the part of either party to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver of such right.

HOW DO TOUR READ GOLF’S PERSONAL INFORMATION STANDARDS APPLY TO CHILDREN?

The Tour Read Golf sites and Program provide information and services intended for and directed toward adults. We do not knowingly collect personal information from minors. If you are under the age of 13, do not use or provide any information on the Tour Read Golf sites, including your name, email, address, telephone number or address.