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Please review the following terms and indicate your agreement below. Printable Version


VIRTUAL COACHES ACADEMY MEMBER AGREEMENT
By entering into and accepting this Virtual Coaches Academy Agreement, You hereby agree as follows:
I. INTRODUCTION AND OVERVIEW
Welcome to the Virtual Coaches Academy Web Site (the "Web Site"), a Web Site accessible via the Internet to the general public.  The Web Site and its contents and related services are owned and administered by Virtual Tennis Academy Inc.
Coaches Academy provides access to this Web Site, which contains an online certification program to teach you how to coach tennis. You will have access to all the learning tools from continuing education, physical training, coach's forums, job listings and much more. All members will be provided with this information via the internet.
As used herein, the term "Services" shall mean any and all manner of goods, services, and/or information offered or communicated via this Web Site to You.  These services, which may take the form of training-related information, consulting, and the like, expressly include but are not limited to communications, data, statements, and information regarding: tennis certification courses; video analysis courses; tennis lesson planning; tennis technique training, mental training for tennis, physical training for tennis and the like); supplement and nutrition advice; any consultation or advice related to any item in this list; technical and tactical tennis instruction; and any and all other forms of tennis, fitness-related and/or conditioning-related training.

II. PAYMENT TERMS
In order to take each separate paid course your credit card will be charged two different times per course. The initial charge will be an upfront tuition fee charged to your credit card before you are able to view the course study content. Then a second exam fee charge will be charged to your credit card before you can take the final exam.  All charges are non-refundable.
III. VIRTUAL COACHES ACADEMY TERMS AND CONDITIONS
A.        User to Provide Internet Access
In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, you must provide all equipment necessary to make such connection to the World Wide Web.
B.        Web Site Intended for Adults.
Unless you have express parental permission, you must be eighteen years old or older to access, purchase, or otherwise use any Services via the Web Site.  Under no circumstances should this Web Site be accessed or used by anyone under thirteen years of age.
C.        Accessibility and Availability
VIRTUAL COACH ACADEMY makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Service).  Furthermore, VIRTUAL COACH ACADEMY reserves the right, its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Service price, descriptions, and other e-commerce related information and/or functionality.  You agree that VIRTUAL COACH ACADEMY will not be liable to you for any such discontinuance or modification of the Web Site or the Services.
D.        Authorized Use
VIRTUAL COACH ACADEMY grants you a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by this Authorized Use Permission.  Other than page caching, you are not authorized to download or modify the Web Site or any portion of it, except with express written consent of VIRTUAL COACH ACADEMY.  This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  Furthermore, You may not post or transmit through the Web Site any material which 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 or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.  You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of this Authorized Use Permission.
Any unauthorized use terminates the permission or license granted by VIRTUAL COACH ACADEMY in relation to the Web Site.
E.        Linking (To & From) The Web Site; Advertisers
1.        Linked-To Sites
VIRTUAL COACH ACADEMY may, from time to time, provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties.  Because VIRTUAL COACH ACADEMY has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that VIRTUAL COACH ACADEMY is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites.
Accordingly, User acknowledges and agrees that VIRTUAL COACH ACADEMY shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
2.        Links to the VIRTUAL COACH ACADEMY Web Site from Other Sites
Unless otherwise authorized in writing by VIRTUAL COACH ACADEMY, no User or other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to any page of the VIRTUAL COACH ACADEMY Web Site other than the Virtual Coaches Academy Web Site home page).  Such links are expressly prohibited.  Furthermore, without written permission from VIRTUAL COACH ACADEMY, no User or third-party may link to the VIRTUAL COACH ACADEMY home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of the Virtual Coaches Academy Web Site and/or as to the existence or lack thereof of some affiliation or other relationship between VIRTUAL COACH ACADEMY and the third-party and/or its web site.
F.        Privacy Policy
The Web Site Privacy Policy shall govern the maintenance and use by VIRTUAL COACH ACADEMY of all User-provided information and is hereby incorporated by reference as a part of this AUTHORIZED USE PERMISSION as if set forth herein in full.
G.        Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
H.        Standard Warranties and Limitation of Liability
1.        VIRTUAL COACH ACADEMY Warranties
NEITHER VIRTUAL COACH ACADEMY NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE.  EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.  NEITHER VTA NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF VIRTUAL COACH ACADEMY PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.        Limitation of Liability
VIRTUAL COACH ACADEMY SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES.  VIRTUAL COACH ACADEMY SHALL HAVE NO LIABILITY WITH RESPECT TO VIRTUAL COACH ACADEMY'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF VIRTUAL COACH ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT, THE LIABILITY OF VIRTUAL COACH ACADEMY TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (i.e., THE AMOUNT YOU PAID TO VIRTUAL COACH ACADEMY FOR SUCH SERVICES).  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS.
ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
I.        HEALTH DISCLAIMER AND RELEASE
This Web Site provides tennis training, physical training, mental training, and other information, applications, and content published over the Internet and is intended only to assist users in their personal tennis training efforts.  VIRTUAL COACH ACADEMY is not a medical organization and cannot give you medical advice or a medical diagnosis.  Nothing contained in this Web Site should be construed as medical advice or a medical diagnosis.  The information and reports generated by VIRTUAL COACH ACADEMY should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
The risk of injury from participation in sporting events and other strenuous physical activity is significant, including the potential for permanent paralysis, other serious or catastrophic injury, and/or death.  YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation in any activity or regimen set forth at the Web Site.  YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action that arise in whole or in part due to the simple negligence of the Released Parties, or any of them.  FURTHERMORE, YOU FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, the Released Parties from and in relation to all claims, demands, injuries, damages, actions, or causes of action that arise from or relate in any way to your participation in any activity or regimen set forth at the Web Site, other than such claims, demands, etc. that arise solely from the gross negligence or intentional acts of a Released Party.  YOU FURTHER WARRANT AND CERTIFY that You have no health conditions or defects that would prevent You from participating safely in any activity or regimen set forth at the Web Site, that You have consulted and been cleared by a medical doctor in relation to such participation, and that You are otherwise sufficiently fit and healthy to so participate.
The Web Site is not intended for use by minors, pregnant women, or individuals with any type of health condition.  As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
As used above, "Released Parties" means Virtual Tennis Academy Magazine Inc., Virtual Coaches Academy Inc, Heath Waters and Lindsay Lee-Waters, along with, in relation to the previously-listed Released Parties, all of their officers, directors, shareholders, insurers, partners, employees, employers, agents, successors, contractors, assigns, affiliates, parent corporations, affiliated corporations, and subsidiary corporations or business entities.
J.        Indemnification
You agree to indemnify, defend, and hold harmless VIRTUAL COACH ACADEMY, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
K.        Severability
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted.  In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
L.        Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and VIRTUAL COACH ACADEMY.  There are no promises, terms, conditions, or obligations other than those contained herein.  This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
M.        Choice of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia, the state of incorporation of VIRTUAL COACH ACADEMY.  All contracts resulting from or relating to this Web Site, including Member Agreements, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the State of Georgia.
N.        Choice of Venue and Acknowledgment Of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County.  By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by VIRTUAL COACH ACADEMY against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
O.        Headings for Convenience Only
The headings used herein are for convenience only.  The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
P.        Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party.  The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
Q.        VIRTUAL COACH ACADEMY Marks
The VTA Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound.  The entire contents of the VTA Web Site are copyrighted as a collective work under the United States copyright laws.  VTA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.  Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of VTA and the copyright owner, if other than VTA.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.  You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
The following trademarks and service marks, along with other VTA logos and product and service names are trademarks of VTA.  Without the owner's prior written permission, you agree not to display or use in any manner, the VTA Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by this AUTHORIZED USE PERMISSION
I Agree.

By checking "I Agree" you agree and consent to (a) the Virtual Coach Academy Terms of Service and Privacy Policy, and (b) receive required notices from Virtual Coach Academy electronically.