Kyle Miller Golf Inc.
2024 Terms & Conditions:
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the kylemillergolfinc.com website (“Website”), “CoachNow, Pipeline Pro, ClickFunnels, V1 Sports App” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Kyle Miller Golf Inc. (“Kyle Miller Golf Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Kyle Miller Golf Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Accounts and Membership
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. Online accounts lose log in access upon program completion or termination of coaching program.*Kyle Miller Golf Inc. reserves the right to cancel any online accounts related to golf lesson services*User Content
We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.If golf lesson videos are not uploading to the account, kindly email support@kylemillergolfinc.com, call or text (825) 994-2036 ASAP in effort of troubleshooting. Note- If you are aware of lesson videos not uploading, and it is not brought to our attention in an effective timely manner, that will not guarantee any refund in the future, we appreciate accountability in support of ensuring you can access program features.
It is understood Kyle Miller Golf Inc. is not responsible for Third Party Software updates or errors. Time completed with instructor is considered lesson credit serviced in event of third party software or lesson video errors.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If you choose to pay via E- Transfer you accept Kyle Miller Golf Inc. terms and conditions, refunds will not be warranted on lesson packages paid via E- Transfer methods. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.2024 LESSON APPOINTMENT “NO SHOW” POLICY
No Show / Late Cancellation (Inside 24 Hours)- $249.00+tax CAD Fee Charged To Account, After 3 Cancellations Inside 24 Hours, Kyle Miller Golf Inc. Reserves Right To Refuse Service*
Abusive Behavior, Language, or Communication
We value each customer, although we do not tolerate any form of abusive behavior. Kyle Miller Golf Inc. Reserves The Right To Refuse Service and Can Result In Lesson Services Being Cancelled Without Refund.
Playing Lessons
On course playing lessons are an individual golf lesson service, it may be included/ part of golf lesson packages. Subject to individual green fees, cart fee, driving range fees, for each golfer attending. Kyle Miller Golf Inc. may include playing lesson fees in lesson package enrollment, it will be noted in enrollment forms completed.Club Repair Services
Kyle Miller Golf Inc. is not responsible for lost, damaged, or altered golf equipment for club repair services. It is understood that in the process of club repair components may alter or become unusable in club work completed. If customer requires ANY components saved, it is not guaranteed, is to be communicated what they may wish saved at time of repair, with the understanding of the risk.
Refunds
Golf lesson services are non refundable once enrolled, they do not expire until they become "inactive", they are considered active for 24 months from date of purchase. This includes all lesson services but not limited to private golf lessons, group lessons, golf clinics, junior golf lessons, online golf lesson programs. Students can choose to transfer over lesson credits to family, friends, or colleagues- Please contact us for lesson booking, or request lesson credit transfer, kindly contact us via our contact us page. Not completing lessons, programs, online lesson program access will not warrant any validation for refund. No refunds will be provided for E-transfer payments for any golf lesson services, or custom club repair services.Golf Lesson Credit Expiry
In person golf lesson packages stay active for 24 months from the date of purchase, this allows sufficient time for clients to completed purchased lesson credits. Online golf lesson programs expire after 12 months from date of purchase. After 24 months, lesson credits may be considered expired.Online Golf Lesson Programs
Annual online golf lesson programs that have been accessed will not be refunded. If you wish to cancel online monthly golf coaching subscription please contact us via contact form. 30 days written notice is required to successfully cancel online subscription services. Refunds will not be given in the same month of cancellation request.Accuracy Of Information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third Party Services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Kyle Miller Golf Inc. with respect to such other services. Kyle Miller Golf Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Kyle Miller Golf Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.Backups
We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.Links To Other Resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Kyle Miller Golf Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Kyle Miller Golf Inc. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Kyle Miller Golf Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Kyle Miller Golf Inc. or third party trademarks.
Online Marketing Services
Kyle Miller Golf Inc. has specific process to online marketing, completing required forms, directions, and providing required information for projects via forms sent by Kyle Miller Golf Inc. are to be completed in full. Kyle Miller Golf Inc. will not be held liable for clients not following the guidelines. Kyle Miller Golf Inc. reserves right to administrative access for all applications used in work completed, clients will not be given access into required software's for marketing projects (Funnel Building Software's). Online marketing services are warranted maximum 5 hours in clients business location, in person hours may not be guaranteed monthly depending on availability and schedules.-Initial Set Up (30 Days): SEO, Keywords, Market Research, Landing Page Creation, Website Creation, Marketing & Funnel Creation. One Landing Page Is The Minimum Created For Project Launch, Other Marketing Assets May Be In The Process Of Creation During Initial Set Up.- Market Launch (90 Days): Advertising Campaigns, Marketing Support, Landing Page Launch, Website SEO, Funnel Launch, Website Launch. Subject To Monthly Fee, May Vary On Required Work. - Strategy & Automation: Once Full Process Has Been Completed, Monthly Support Will Be Agreed Upon For Automated Services. Subject To Monthly Fee, This May Include Additional Monthly Compensation Structure From All Created Online Assets For Projects.This Includes But Not Limited To:Monthly Automated Funnels, Websites, Landing Pages, & Marketing Assets Online marketing services offered by Kyle Miller Golf Inc. are non refundable services under these conditions, but not limited to-Work has been started on any level (Website, SEO, Marketing Funnels).- Marketing Funnel, Landing Page, Website Domain Is Linked, Live, and Actively Running.Cancellation Of Marketing Services
- Please submit request for online marketing services with us via contact form. Written notice 30 days in advance is required for cancelation of online marketing services, no refunds will be given with request of cancellation.- Kyle Miller Golf Inc. reserves the right to all created online marketing assets for projects. All functioning websites, landing pages, funnels, and marketing assets will be removed and retain the property of Kyle Miller Golf Inc. If clients owned any domains associated with websites, funnels, landing pages, or marketing material, the original domain ownership will retain with client. Client will lose associated work linked to any owned associated domains for duration of work.- Kyle Miller Golf Inc. is not required to transfer ownership of any purchased domains for marketing services on client projects. (This includes but not limited to-Landing pages, websites, advertisement, ad campaigns, funnels)Marketing Material & Assets
This includes but not limited to:- Domains, websites, landing pages, video, photography, design work, and all marketing work completed during project.In Person Sales & Support
Kyle Miller Golf Inc. offers in person sales support, sales training, and sales execution services. Any commissions paid out to Kyle Miller Golf Inc. will not be refunded once received. It is the clients responsibility to be organized with sales, inventory, product delivery, and customer satisfaction. The client assumes responsibility for loss of commission for in person sales support in the case of lost sales revenue on product or service due to unforeseen circumstances. We recommend all clients take all actions necessary to reduce liability and loss. In person sales support, sales execution, and sales training includes retail, trade shows, webinar, in person sales environments.
Disclaimer Of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.Limitation Of Liability
To the fullest extent permitted by applicable law, in no event will Kyle Miller Golf Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Kyle Miller Golf Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Kyle Miller Golf Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.Indemnification
You agree to indemnify and hold Kyle Miller Golf Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Alberta, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance Of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Contacting Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
https://www.kylemillergolfinc.com/contact
This document was last updated on March 29th/2024