Golf Digest Schools Coach Enrollment Terms of Service
These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Discovery Digital Ventures, LLC, an affiliate of Discovery Communications, LLC and its subsidiaries and affiliates (“Discovery”) governing your enrollment and use of Golf Digest Schools Connect (as defined below) as a coach to solicit and serve your students. Golf Digest student instruction related services provided by Discovery, the Golf Digest website, Golf Digest mobile applications, the use of the Coach Connect platform with Golf Digest Schools students, and other materials provided by Discovery and/or under the Golf Digest Schools brand together are collectively referred to as “Golf Digest Schools Connect.”
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE TAKE A FEW MINUTES TO REVIEW THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS GOLF DIGEST SCHOOLS CONNECT.
Your use of Golf Digest Schools Connect constitutes your acceptance of and agreement to all of the terms and conditions in this Agreement, the Privacy Notice (the “Privacy Notice”) available here and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Notice is incorporated by reference into this Agreement.
- Golf Digest Schools Connect Connects Coaches and Students
Golf Digest Schools Connect is a communications platform which facilitates the connection between Students and Coaches. “Students” are individuals seeking to obtain golf lessons (“Lessons”) from Coaches and are therefore Students of Coaches, and “Coaches” are individuals and/or businesses seeking to provide Lessons to Students. If you agree to provide Lessons to Students, you and the Student form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
COACHES ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF DISCOVERY. DISCOVERY DOES NOT PROVIDE OR PERFORM LESSONS AND DOES NOT EMPLOY INDIVIDUALS TO PROVIDE LESSONS. DISCOVERY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A COACH’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE LESSONS IN ANY MANNER.
Golf Digest Schools Connect only enables connections between Coaches and Students for the provision of Lessons. Discovery is not responsible for the performance of Coaches, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Lessons, Coaches, Students, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Coaches or Students. Discovery makes no representations about the suitability, reliability, timeliness, or accuracy of the Lessons requested and services provided by Coaches identified through Golf Digest Schools Connect or Students subscribing to Golf Digest Schools Connect whether in public, private, or offline interactions.
- Coach Vetting and Representation and Warranties
(a) Coach Vetting
In Discovery’s sole discretion, Coaches may be subject to an extensive vetting process before they can register for, use and continue to use Golf Digest Schools Connect, including but not limited to a verification of identity and a comprehensive criminal background check, at the country, state and local level, using third party services as appropriate. You hereby give consent to Discovery to conduct background checks as often as it deems necessary, in compliance with all applicable federal and state laws.
Although Discovery may perform background checks of Coaches, as outlined above, Discovery is not required to do so and therefore, Discovery cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through Golf Digest Schools Connect.
When interacting with Students and other Coaches, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER DISCOVERY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY STUDENT OR COACH USING GOLF DIGEST SCHOOLS CONNECT AND YOU HEREBY RELEASE DISCOVERY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. DISCOVERY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF GOLF DIGEST SCHOOLS CONNECT.
(b) Coach Representations and Warranties
You represent and warrant that that: (1) you reside in the United States or its territories, are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a Discovery or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You represent and warrant that you have read, understand and are required to agree to and accept and be bound by the terms of this Agreement in order to register and use Golf Digest Schools Connect. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Students and that you will not record (whether video or audio or otherwise) any Lesson or any interaction by or with any Student and/or Discovery in connection with Golf Digest Schools Connect without the prior written consent of the corresponding Student.
You further represent and warrant that you will fulfill the commitments you make to Students including receiving payment through Golf Digest Schools Connect, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Student and only using the third party payment processing system specified or approved by us to receive payment for services provided through Golf Digest Schools Connect. You also represent and warrant that you will act professionally and responsibly in your interactions with Students, will provide timely, high quality services to your Students, you will only offer and provide services for which you have the necessary skills and expertise and you will maintain any skills and expertise, and you will provide the services safely.
- Contract between Students and Coaches
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Lesson with your Student. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on Golf Digest Schools Connect (“Minimum Terms”), and any other contractual terms accepted by both the Coach and their Student to the extent such terms do not conflict with the terms in this Agreement and do not expand Discovery’s obligations or restrict Discovery’s rights under this Agreement (“Additional Terms”). You agree that Discovery is not a party to any Service Agreement between a Coach and Student and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Discovery and the Coach. Coach agrees to comply with this Agreement during the engagement, performance and completion of a Lesson.
- Billing and Payment
Coaches will set their own rates for the Lessons and post such rates in the appropriate place on Golf Digest Schools Connect. The Student will pay his or her Coach for completed Lessons as directed on Golf Digest Schools Connect (“Lesson Payment”). Such Lesson Payment will be at the rates agreed to by the Coach and Student in the applicable Service Agreement. Coach will be entitled to Coach’s share of the Lesson Payment in an amount specified in Golf Digest Schools Connect at the time a Coach sets the price of a Lesson or as otherwise indicated within a Coach’s account within Golf Digest Schools Connect (“Coach Revenue Share”). Coach acknowledges that a Student must have a current subscription to Golf Digest Schools to subscribe to Lessons. Coach is only entitled to the Coach Revenue Share on payments from completed Lessons. In the event that Student has purchased a subscription or prepaid for Lessons and such Lessons are not completed and/or Student’s subscription to Golf Digest Schools expires or is terminated, Coach will not be entitled to any payment for such unused Lessons. Coach is not entitled to a share of any other revenue earned by Discovery or its business partners from Golf Digest Schools Connect, including without limitation any other revenue earned from Coach’s Students. The Coach Revenue Share may change at any time, but any new compensation arrangements will not apply to any completed Lessons.
Payments through Golf Digest Schools Connect are provided by Student through the Payment Service Provider retained by Discovery (the “PSP”) and are subject to the applicable terms of such PSP. Student is solely responsible for the payment of the Lesson Payment. If a Student fails to pay a Coach for services provided through Golf Digest Schools Connect, Discovery may, in its sole discretion, pay the Coach for such services, but Discovery is not obligated to do so. Discovery reserves the right, in its sole discretion (but not the obligation), upon request from Student or Coach or upon notice of any potential fraud, unauthorized charges or other misuse of Golf Digest Schools Connect, to (i) place on hold any Lesson Payment, or refund, provide credits or arrange for the PSP to do so.
Coach will be responsible for any taxes imposed on the Coach Revenue Share received by Coach.
- Gift Cards and Vouchers
Discovery gift cards (“Gift Cards”) and vouchers or promotional codes (“Vouchers”) may be available for Lesson Payments and any associated Discovery fees and may be applied in part or in full. Discovery may limit the number of Vouchers or Gift Cards that may be applied to any Lesson Payment. You will comply with all Gift Card or Voucher terms. Discovery reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Gift Card or Voucher in the event that Discovery determines or believes that the use or redemption of a Gift Card or Voucher was in error, fraudulent, illegal, or in violation of any applicable terms and conditions.
Golf Digest Schools Connect is only a venue for connecting Coaches and Students. Because Discovery is not involved in the actual discussions and feedback between Coaches and Students, in the event that you have a dispute with a Coach or another user of Golf Digest Schools Connect, you release Discovery and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. DISCOVERY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN COACHES AND STUDENTS USING GOLF DIGEST SCHOOLS CONNECT.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In the event Coach has a dispute with a Student, Coach will notify Discovery of any disputes prior to negotiation of or filing of any claims.
- Public Areas; Acceptable Use
Golf Digest Schools Connect may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Coaches to communicate with Students and other Coaches. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.
In addition, you will comply with (a) the Community and Social media Sites, Chat Rooms, Forums, and Blogs section of the Golf Digest Visitor Agreement ; and (b) any codes of conduct established by Discovery, each of which are hereby incorporated into and made part of this Agreement.
While using Golf Digest Schools Connect, you may not, unless Discovery provides written permission otherwise, use the Golf Digest Schools Connect to solicit for any other business, website or service, including to provide Lessons outside Golf Digest Schools Connect, or otherwise contact Students for employment, instruction, contracting or any purpose not related to use of Golf Digest Schools Connect as set forth herein. Further, you may not circumvent or attempt to circumvent the payments system or service fees or the Coach-Student relationship in any way including, but not limited to, making in-person appointments with Students or processing payments outside of Golf Digest Schools Connect.
- Termination and Suspension
Discovery may terminate, limit or suspend your right to use or participate in Golf Digest Schools Connect in our sole discretion by providing you with written or email notice of such termination or suspension and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice. In addition to terminating, limiting, or suspending your account, Discovery reserves the right to take appropriate legal action, including without limitation pursuing arbitration, criminal, and injunctive redress in accordance with Section 20. Even after your right to use Golf Digest Schools Connect is terminated, limited, or suspended, this Agreement will remain enforceable against you.
Discovery reserves the right to modify or discontinue, temporarily or permanently, all or any portion of Golf Digest Schools Connect at its sole discretion. Discovery is not liable to you for any modification or discontinuance of all or any portion of Golf Digest Schools Connect. Notwithstanding anything to the contrary in this Section 9, Discovery has the right to restrict anyone from enrolling as a Coach, completing registration as a Coach, or offering Lessons as a Coach, if Discovery believes such person may threaten the safety and integrity of Golf Digest Schools Connect, or if, in Discovery’s discretion, such restriction is necessary to address any other reasonable business concern. In the event of the foregoing, Discovery may exercise its termination, limitation, or suspension rights set out in the first paragraph of this Section 9.
You may terminate this Agreement at any time by ceasing all use of Golf Digest Schools Connect. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
- Account, Password, and Security
You must register with Discovery and create an account to use Golf Digest Schools Connect. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Discovery considers to be offensive. Discovery reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Discovery immediately. Discovery reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Discovery if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at (240) 662-8909 or filling out the form at https://discovery.csharmony.epsilon.com/Account/Login?b=CORPORATE. Click here to view our Privacy Notice.
- Your Information, Student Feedback and Your Likeness
All information and materials you provide to your Students or for publication on or through Golf Digest Schools Connect is considered a Video Submission and is governed by the terms in the Visitor Agreement entitled “Video Submission” which is hereby incorporated herein. You are solely responsible for your information, and we act merely as a passive conduit for your online distribution and publication of your information.
Golf Digest Schools Connect may permit reviews and ratings of specific Coaches, including you (“Feedback”). Such Feedback is the Student’s opinion and not the opinion of Discovery and has not been verified or approved by Discovery. You agree that Discovery is not liable for any Feedback. Discovery does not investigate any remarks posted by Students for accuracy or reliability but may do so in its sole discretion or if a Student requests that Discovery do so.
For the sake of clarity, you acknowledge that Discovery shall not owe any financial or other remuneration for using any Video Submission provided hereunder by you, either for initial or subsequent transmission or playback, and further acknowledges that Discovery is not responsible for any expense or liability incurred as a result of your creation of or participation in any Video Submissions, including any loss of such recording data.
- Links to Other Websites
Golf Digest Schools Connect may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Discovery of those sites or their content. They are provided as an information service, for reference and convenience only. Discovery does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on Golf Digest Schools Connect to such websites (including without limitation external websites that are framed by Golf Digest Schools Connect as well as any advertisements displayed in connection therewith) does not mean that Discovery endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
- Worker Classification and Withholdings; Assumption of Risk
AS SET FORTH IN SECTION 1, DISCOVERY DOES NOT PERFORM LESSONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM LESSONS. Coaches do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Discovery. Each Coach acknowledges that Discovery does not, in any way, supervise, direct, or control a Coach’s work or Lessons performed in any manner. Discovery does not set a Coach’s work hours or location of work. Except for the MLM hardware which Discovery may provide or make available in its sole discretion, Discovery will not provide any equipment, labor or materials needed for a particular Lesson. Discovery does not provide any supervision to Coaches. Golf Digest Schools Connect is not an employment service and Discovery is not an employer of any Coach. As such, Discovery is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with the Lessons.
You recognize and acknowledge that there are certain risks of physical injury when participating in the Golf Digest Schools Connect and you voluntarily agree to assume the full risk of any injuries, costs, damages or losses, regardless of severity, that you may sustain as a result of participating in Golf Digest Schools Connect or implementing any feedback received through Golf Digest Schools Connect. You are solely responsible for determining if you are physically fit and/or skilled to participate in Golf Digest Schools Connect or to implement any feedback. You are also solely responsible for determining if you need personal protective equipment. It is always advisable, especially if you are pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. DESPITE CAREFUL AND PROPER PREPARATION, INSTRUCTION, MEDICAL ADVICE, AND CONDITIONING RE IS A RISK OF INJURY WHEN PARTICIPATING IN THE GOLF DIGEST SCHOOLS PLATFORM OR PROVIDING THE COACHING SERVICES AND YOU ACCEPT ALL SUCH RISKS.
- Intellectual Property Rights
The materials available on or through Golf Digest Schools Connect are the property of Discovery or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive on or through Golf Digest Schools Connect. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on Golf Digest Schools Connect in any form (including by e-mail or other electronic means), without prior written permission from the owner. All Video Submissions, their ownership, and permitted use thereof are subject to the terms in the Discovery Visitor Agreement.
The service marks and trademarks of Discovery, including without limitation Discovery and Discovery logos are service marks owned by Discovery. Any other trademarks, service marks, logos and/or trade names appearing via Golf Digest Schools Connect are the property of their respective owners. You may not use any trademark or service mark appearing on Golf Digest Schools Connect without the prior written consent of the owner of the mark.
- Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Discovery and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Discovery in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Discovery upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Discovery’s trade secrets, confidential and proprietary information and all other information and data of Discovery that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Discovery’s business, operations and properties, including information about Discovery’s users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF GOLF DIGEST SCHOOLS CONNECT IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH GOLF DIGEST SCHOOLS CONNECT, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY MATERIAL AVAILABLE THROUGH GOLF DIGEST SCHOOLS CONNECT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH GOLF DIGEST SCHOOLS CONNECT.
GOLF DIGEST SCHOOLS CONNECT ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. GOLF DIGEST SCHOOLS CONNECT, DISCOVERY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH GOLF DIGEST SCHOOLS CONNECT, NOR DO THEY GUARANTEE THAT GOLF DIGEST SCHOOLS CONNECT WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT GOLF DIGEST SCHOOLS CONNECT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISCOVERY FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF GOLF DIGEST SCHOOLS CONNECT.
NEITHER DISCOVERY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY COACH OR STUDENT.
- No Liability
UNDER NO CIRCUMSTANCES WILL GOLF DIGEST SCHOOLS CONNECT, DISCOVERY, ITS AFFILIATES, OR ITS OR THEIR AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF GOLF DIGEST SCHOOLS CONNECT, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GOLF DIGEST SCHOOLS CONNECT, DISCOVERY, ITS AFFILIATES, AND ITS AND THEIR AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF GOLF DIGEST SCHOOLS CONNECT, DISCOVERY, ITS AFFILIATES, AND ITS AND THEIR AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO GOLF DIGEST SCHOOLS CONNECT WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO OR RECEIVED PAYMENT FROM DISCOVERY OR ITS APPLICABLE AFFILIATE IN CONJUNCTION WITH THE USE OF GOLF DIGEST SCHOOLS CONNECT.
YOU AGREE NOT TO HOLD DISCOVERY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY COACH OR STUDENT (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY STUDENT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DISCOVERY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
DISCOVERY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY LESSON PROVIDED VIA GOLF DIGEST SCHOOLS CONNECT.
You hereby agree to indemnify, defend, and hold harmless Discovery, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use Golf Digest Schools Connect, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any third party (iv) any content submitted by you or using your account to Golf Digest Schools Connect, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Discovery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Discovery.
- Governing Law
This Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles. By using Golf Digest Schools Connect, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
- Dispute Resolution – Arbitration
(a) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Discovery agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
(b) We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Golf Digest Schools Connect, (ii) any purchases or other transactions or relationships with Discovery, or (iii) any data or information you may provide to Discovery or that Discovery may gather in connection with such use, interaction or transaction (collectively, “Discovery Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with Golf Digest Schools Connect, or engaging in any other Discovery Transactions or Relationships with us, you agree to binding arbitration as provided below.
(c) We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using Golf Digest Schools Connect, you agree that any complaint, dispute, or disagreement you may have against Discovery, and any claim that Discovery may have against you, arising out of, relating to, or connected in any way with this Agreement, our Privacy Notice, or any Discovery Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Discovery agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled “No Class Relief” and “Interpretation and Enforcement of Arbitration Clause.” Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
(d) You further agree that:
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;
Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Discovery; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Relief. The Arbitration can resolve only your and/or Discovery’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Discovery will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event you recover an Award greater than Discovery’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Discovery’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Discovery shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Discovery shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification of Arbitration Clause With Notice. Discovery may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Discovery has given notice of such modifications and only on a prospective basis for claims arising from Discovery Transactions and Relationships occurring after the effective date of such notification; and
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Discovery in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- General Provisions
Failure by Discovery to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Discovery with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Discovery, its successors and assigns.
- Changes to this Agreement and Golf Digest Schools Connect
Discovery reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Notice) and review, improve, modify or discontinue, temporarily or permanently, Golf Digest Schools Connect or any content or information through Golf Digest Schools Connect at any time, effective with or without prior notice and without any liability to Discovery. Discovery will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, Golf Digest Schools Connect. Your continued use of Golf Digest Schools Connect following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Discovery may change, modify, suspend, or discontinue any aspect of Golf Digest Schools Connect at any time without notice or liability. Discovery may also impose limits on certain features or restrict your access to parts or all of Golf Digest Schools Connect without notice or liability.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY NOTICE AND AGREE THAT MY USE OF GOLF DIGEST SCHOOLS CONNECT IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.