Terms Of Use & Service
IMPORTANT! THESE TERMS OF USE & SERVICE (“TERMS OF USE”) GOVERN YOUR USE OF THIS SITE, GOLF LESSONS AND ANY OTHER SERVICES WHICH ARE PROVIDED BY BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. BY ACCESSING THIS SITE AND BY SCHEDULING, PAYING AND PARTICIPATING IN ANY SCHEDULED GOLF EVENT OR LESSON, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE, MEDIUM OF EXCHANGE AND AGREEMENT. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BRANDI JO NEWMAN, DBA San Antonio Golf Performance, AT ANY TIME AT ITS DISCRETION. YOUR USE OF THIS SITE AND/OR PARTICIPATION IN ANY GOLF SCHEDULED GOLF EVENT AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.
APRIL 1 2021 UPDATED POLICIES AND PROCEDURES:
EFFECTIVE APRIL 1st 2021 $15 FEE FOR LARGE BUCKET WILL BE CHARGED AND PREPAID FOR EVERY SESSION AT POLO FIELD GOLF CENTER (THE FIRST TEE) AND MBS FITNESS.
FYI/CYA/CMA Notice FOR ANY AND ALL LESSONS, OUTINGS, EVENTS, GROUPS, CLASSES, ET AL:
Unlimited monthly and annual packages include private playing lessons and group outings. Also includes no upcharge on travel packages with instruction and training. Does not include practice balls or green fees for coach or player.
A $15 lesson fee is charged and PREPAID when scheduled for a lesson at Polo Field Golf Center and MBS FITNESS
PLAYING LESSONS ARE AT THE QUARRY GOLF CLUB ONLY ON WEDNESDAYS, FRIDAYS, SATURDAYS AND SUNDAYS AFTER 3PM. PLAYING LESSONS SCHEDULED ON SATURDAYS BEFORE 3PM CAN BE PLAYED AT LA CANTERA RESORT COURSE ONLY.
ANY “NUMBER” OF session packages or PRE-PAID FLASH UNLIMITED MONTHS, GROUPON, LESSONS.com, et al internet coupon code vouchers must be completed within 6 months of ORIGINAL purchase. NO REFUNDS. Unused vouchers are not transferable or given priority scheduling. All corporate group/charity/clinic sessions are to be completed consecutively, no rescheduled or substitute days. No refunds or exchanges on unused packages or sessions.
“Make up days” for missed group sessions are available for a $65 private 30 minute rate.
“RENEWAL” for pre-paid flash months are $100 per month.
Inclement Weather: The only release from cancellation of session due to inclement weather is lightning within a 12 mile radius within 30 minutes of session location.
Scheduling is determined by Brandi Jo Newman and/or contract coach for package/membership AND MUST BE COMPLETED BY PROVIDING LESSON FEE OR SESSION RATE.
LESSONS ARE NOT AVAILABLE ON THE LAST TWO SATURDAYS OF THE MONTH. Playing lessons at The Quarry are available if no tournaments are scheduled.
There is an up-charge per session at MBS Fitness: $15 for mirror/balance, strength and mobility work.
HOLD HARMLESS CLAUSE: YOU ARE AGREEING TO A HOLD HARMLESS AGREEMENT WITH THE PURCHASE OF ANY LESSON OR PROGRAM.
Important to note: Under no circumstances will the SA Golf Performance team be susceptible to any outside influence of other instructors or coaches, including but not limited to high school coaches, other professional instructors and not even your brother-in-law. In the event we find there is evidence of such activity that is not in-line with our – player and team – goals and philosophy, the contract between player and the SA Golf Performance Team is null and void.
SOCIAL MEDIA AND PRESS RELEASE:
As a paid student now and in the future, for good and valuable consideration mutually agreed upon, waive any and all rights that I may have regarding the use of my name, or a picture of me, or my voice that may be used for advertising or other promotional purposes by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. I am aware that my name or my picture or my voice may appear in a print advertisement or other promotional material or be shown on the internet on any platform by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or other Web site on which my picture can be seen on my voice heard on a recording and I hereby grant permission to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” to use my picture, voice, or name for these purposes.
I hereby release BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, heirs, et. al., and its officers employees, shareholders and directors from any and all liability whatsoever, for now and forever.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Refunds, Cancellations, and Billing Policy
No refunds for playing lesson fees, lesson fees, or any other exchange of fees for lessons will be given. Do not charge your own card in our point of sale system if you do not intend to complete the package or lesson completely.
All online digital video courses are backed by a 60-day no questions asked money back guarantee as stated on the website from which you purchased. Initial non-refundable, membership fee, will not be refunded, even prior to the 60-day cancellation period. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” has rights to change refund policy at anytime, but will be reflected on future orders not past orders.
Guarantee starts from the purchase date. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued. Products returned after the policy has expired will be shipped back to the customer.
If a digital product is purchased, a refund request letter must be sent to our office in order for a refund to be processed. To do this please email support@brandijonewman.com and submit a ticket requesting a refund. Be sure to include ALL of your contact information: Full Name, Email and the name of the course or membership you wish to have refunded so we can find you in the system. This is to prevent fraudulent orders.
Upon a refund being processed please allow 5 to 15 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.
In the case of monthly products (ie. Monthly newsletters/blogs), you have 60 days to cancel the subscription to receive a refund for your initial monthly payments. You are under no obligation to continue the subscription and can cancel at anytime by contacting support at support@brandijonewman.com.
Upon cancellation your card will never be billed again.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
The right to use BrandiJoNewman.com, www.BrandiJoNewman.com and all related URL’s (collectively, “BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites”) is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
Subscriber shall use BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites for lawful purposes only. Subscriber shall not post or transmit through BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN, DBA San Antonio Golf Performance, BrandiJoNewman.com or “BRANDI JO NEWMAN” discretion restricts or inhibits any other Subscriber from using or enjoying BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites will not be permitted. Subscriber shall not use BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites.
Termination/Access restriction
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. In the event BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”terminates your access to this Site, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will either prorate your yearly membership dues and refund you the remainder of your membership year, or refund your last monthly payment if you are on a monthly billing cycle. All refunds shall be processed and made within thirty (30) days of termination.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” is the proprietary information of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or the party that provided the Content to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, and BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or the party that provided the Content to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
This Site and all the materials available on the Site are the property of affiliates and/or our licensors, or us and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Hyper-Links
This site may be hyper-linked to other sites, which are not maintained by, or related to, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” of that site.
Submissions
You hereby grant to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” operations. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” from their creation. Thus, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials that are reproductions of prior works by you shall be co-owned by us.
You acknowledge that BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Disclaimer
Current and past investment performance is not a guarantee of future results. You understand that BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” is Brandi Jo Newman’s diary, documenting her journey into the world of retirement strategies, college savings plans, business building, fitness, golf experiences, etc.
Any investment gains are for Brandi Jo Newman’s personal investments only, and should not be considered an endorsement of these strategies, or partners. They are provided here for illustrative purposes only. If you choose to pursue similar strategies, you do so at your own risk.
Her investments and stated returns may increase or decrease based upon market conditions. Every investment involves risk and the potential loss of money. You should not make any financial decision without the guidance of a qualified and licensed financial advisor, which BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” are not.
You understand that BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” members, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” CLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Third Party Content
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, are those of the respective author(s) or distributor(s) and not ofBRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. Neither BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Sections below for complete provisions governing limitation of liabilities and disclaimers of warranty).
Limitation On Liability
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BRANDI JO NEWMAN, DBA San Antonio Golf Performance, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER’S RELIANCE ON INFORMATION OBTAINED THROUGH BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
Indemnity
You will indemnify and hold BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from any of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” Sites.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or the party that provided the trademarks, service marks, and logos to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” and any party that provided trademarks, service marks, and logos to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Information You Provide You may not post, send, submit, publish, or transmit in connection with this site any material that:
Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, Sean Briscombe, contributors to the site or other subscribers.
In this regard, in the event of an actual or threatened violation of these Terms of Use, Subscriber acknowledges and agrees that such actions would cause BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc) irreparable injury toBRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, the exact amount of which will be impossible or difficult to ascertain and that monetary damages alone will not provide an adequate remedy to BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”. Accordingly,BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc.) shall be entitled to obtain an injunction from a court of competent jurisdiction prohibiting such action or threatened action without the need to post a bond.
Although under no obligation to do so, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” nor any third party that provides Content toBRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will assume or have any liability for any action or inaction by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or such third party with respect to any submission.
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” staff, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” outside contributors, or by users not connected with BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN”, some of whom may employ anonymous user names. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” or any of its subsidiaries or affiliates.
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” considers insecure, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” reserves the right to investigate suspected violations of these Terms of Use.
BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” OR LAW ENFORCEMENT AUTHORITIES.
Free Trial
In some cases you may agree to a free trial. A valid credit card is required to start the trial. At the time of activation of the trial your card will be authorized for either $1 or the full amount of purchase price. Note: At this point funds have not been collected but may show up on your account. The authorization will expire at the end of 5 business days. You have not been billed at this point.
At the end of the trial you agree and will be billed for the full purchase price. You are under no obligation and can cancel at anytime during the free trial period and your card will never be billed.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Austin, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. BRANDI JO NEWMAN, DBA San Antonio Golf Performance, DBA BrandiJoNewman.com or “BRANDI JO NEWMAN” may revise these Terms of Use at any time by updating this posting.