This Agreement is governed and controlled by these Recitals which the parties hereto acknowledge to be true.

 

WHEREAS, iTUSA is offering certain packages of services and levels of tennis instruction to the Member (the “Services”) on the Site where the Member will be required to register to participate in any program or level of service provided through iTUSA according to the terms herein (the “Program”);

 

WHEREAS, as part of the instructional process in providing the certain Services and in participating in the certain Programs, the Member shall be required to submit tennis footage over the Internet for review by iTUSA (the “Submitted Materials”);

 

WHEREAS, iTUSA shall use the Submitted Materials in providing the Services in the Program to the Member;

 

WHEREAS, the Submitted Materials containing the Member’s likeness and image shall become the property of iTUSA;

 

WHEREAS, iTUSA shall wish to use the Submitted Materials in other promotional products for the benefit of iTUSA; and

 

WHEREAS, the Member would like to obtain the Services and participate in a Program under the terms and conditions found herein.

 

 

 

This website, and all other iTUSA websites, including but not limited to www.itusatennis.com, (collectively, the "iTUSA Sites", "Site" or "Sites"), are operated by iTUSA, Inc. ("iTUSA", "We", or "Us"). iTUSA provides its Sites to you subject to the following Terms Of Use (the "Terms"). By using the Sites, you agree to be bound by the Terms. iTUSA may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Sites. By continuing to access and use the Sites after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

 

 

The following terms shall have the following meanings for purposes of this Agreement:

 

(a)                The "Effective Date" of this Agreement means the date on which the Member purchases a product or service;

 

(b)               "Term" means the period beginning on the Effective Date of this Agreement and ending on the first day of the second calendar quarter following the first anniversary of the Effective Date, after which such Term shall automatically renew for successive one-year periods.

 

(c)                “Termination” means, along with those provisions contained herein, below, that the Member may terminate this Agreement at any time by providing iTUSA with thirty (30) days' written notice of its intention to terminate. Upon such notice, the Member’s access to the Site shall immediately be terminated; and

 

(d)               "Territory" means the Universe.

 

 

The Sites allow users to obtain tennis instruction over the internet, educational and other products featured on the Sites (collectively, "Products"). The services, features, and products that iTUSA offers to users on the Sites may be referred to herein collectively as the "Services". Unless explicitly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.

 

 

You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products or using an online shopping cart. If you choose to register on the Sites, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to iTUSA that is false, inaccurate, outdated or incomplete, or iTUSA has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, iTUSA has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.

 

 

If you choose to register for an account with iTUSA, you will create a username and password while completing the registration process, or a username and password will be automatically generated and sent to you by e-mail after you have completed the purchasing process.. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iTUSA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iTUSA (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

 

You agree and warrant that you will not submit any Submitted Material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right.

 

You agree and warrant that you will not submit any Submitted Material that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights.

 

You agree and warrant that you will not submit any Submitted Materials to solicit funds or to promote, advertise, or solicit the sale of any goods or services.

 

You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.

 

You agree that any Submitted Materials submitted by you to the Sites will be deemed non-proprietary and non-confidential, and may be used by iTUSA without restriction. Without limiting the foregoing, by offering any Submitted Materials through the Sites, you grant to iTUSA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submitted Materials (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.

 

iTUSA reserves the right, in our sole discretion, to edit any Submitted Material, and to choose to include or not include such Submitted Material for any reason. We are not responsible for screening, monitoring or verifying any Submitted Materials (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of iTUSA. iTUSA does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites.

 

 

The Member hereby grants a non-exclusive right to iTUSA, during the Term, to:

 

(a)                reproduce and convert the Submitted Materials;

 

(b)               make clips and perform clips of your Submitted Materials and make them available by video streaming to promote the sale and distribution of the Services and the Programs;

 

(c)                use the Submitted Materials as may be reasonably necessary or desirable for iTUSA to exercise its rights under the terms of this Agreement.

 

Names, Likeness, Promotion Use and Opportunities.

 

(a)        iTUSA may use and shall have the unrestricted right to market, promote and advertise the Submitted Materials, Services, and Programs available for purchase as it determines in its discretion. Without limiting the foregoing, iTUSA shall have the right to determine which of the Submitted Materials that would best further their commercial purposes, and to promote such materials more than others.

 

Ownership; License.

 

(a)        As between the parties hereto, all right, title and interest in and to: (i) the Submitted Materials, and any (ii) DVD’s, or any other format, containing the Submitted Materials, the Program or the Services shall remain itUSA’s property.

 

(b)        The Member further grants to iTUSA an exclusive, perpetual, worldwide license to tape, use, distribute, copy, perform, record, reproduce, transmit, print, display, exhibit and otherwise exploit the Submitted Materials, and the Member’s name, likeness, image, appearance and other aspects contained therein, from the Program or the Services, and for any other uses that iTUSA may make of the Submitted Materials, and the Member’s name, likeness, image, appearance and other aspects contained therein, in any and all media now or hereafter known, including, without limitation, uses of the Submitted Materials, and the Member’s name, likeness, image, appearance and other aspects contained therein and portions thereof, on television, cable, satellite transmission, videotapes, audio recordings, photographs, print publications, merchandising, the Internet and World Wide Web.

 

 

iTUSA respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iTUSA' Copyright Agent the following information:

 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

 

3. a description of where the material that you claim is infringing is located on the site;

 

4. your address, telephone number, and email address;

 

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. iTUSA' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:                       Mr. Rafael Font de Mora

                                    iTUSA, Inc.

 

By phone:                    1-480-510-9215

 

By email:                     rafael@itusasports.com

 

Any registration or other information you provide to iTUSA is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.

 

 

Many of the services sold on the iTUSA Sites are subscription-based, and most of these are billed on a recurring basis. During checkout a message will alert the Member if the billing will be recurring. A Member may change his/her subscription information or cancel a subscription from the "My Account" page, accessible from a link on the home page.

 

If a subscription is cancelled within one week after the renewal date, the Member may request a refund for the full amount of the renewal. Refund requests later than one week after the renewal date will be considered by iTUSA on a case-by-case basis, but the Member will never be refunded less than the pro-rated remaining value of the renewal.

 

If you make a purchase from the iTUSA Sites, you are transacting with iTUSA, Inc., and ownership of any purchased items transfers to you immediately upon shipment. You agree that neither iTUSA nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the iTUSA Sites.

 

The purchase and download of any product or service from the iTUSA Sites, is non-refundable and may not be returned. All sales of downloadable material are final.

 

 

If you make a purchase of a gift card from the iTUSA Sites, you are transacting with iTUSA, Inc. and ownership of such gift card transfers to you immediately upon shipment. Gift cards purchased on the Sites are provided and fulfilled by our service providers.

 

iTUSA Materials on the Site, Proprietary Use

 

You acknowledge that all materials on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof, are subject to and protected under copyright, trademark and/or other intellectual property laws and rights (“itUSA Materials”). All of the iTUSA Materials are copyrighted and copyrightable text and graphics and are owned by iTUSA and/or its suppliers or licensors, all rights reserved. iTUSA authorizes you to view and download items only for personal, non-commercial use.

 

Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the iTUSA Materials in any form or by any means, without the prior written permission of iTUSA or the respective intellectual property owner. You may not modify or adapt the iTUSA Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.

 

The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Sites are the sole property of iTUSA and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of iTUSA or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of iTUSA and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of iTUSA. iTUSA will enforce its intellectual property rights to the fullest extent of the law.

 

 

Links on the Sites to third-party websites are provided to enhance your iTUSA experience and to provide you with the opportunity to utilize value-added content. If you use these links, you will leave the Sites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not iTUSA Privacy Policy. iTUSA does not control any such third-party websites. You agree that neither iTUSA nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. iTUSA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk.

 

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither iTUSA nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the iTUSA Sites.

 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, iTUSA, ANY PARENT OR SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "iTUSA PARTIES") 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.

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, iTUSA MAKES NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iTUSA OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT iTUSA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iTUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.

 

If you are dissatisfied with any iTUSA material, or with any of iTUSA's terms and conditions, your sole and exclusive remedy is to discontinue using iTUSA's Sites and Services.

 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

You agree to indemnify and hold iTUSA and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.

 

 

Unless otherwise specified, the Services and Products are presented solely for the purpose of receiving promoting products available in the United States and its territories and possessions. iTUSA controls and operates the Sites from its offices located in the State of Arizona in the United States of America. iTUSA makes no representation that Submitted Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

If an individual under the age of 18 uses the iTUSA Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.

 

 

iTUSA reserves the right, with notice to Member, to terminate your right to use this Site if you violate any of these Terms. Upon termination of your right to use the Sites, iTUSA will remove your account privileges. iTUSA will have no obligation to return to you any Submitted Material. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if iTUSA terminates your right to use this Site, is to receive a refund for any products or services paid for but not processed or fulfilled by iTUSA, if any.

 

iTUSA reserves the right, without notice and at its sole discretion, to suspend the Terms and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including your breach of the Terms or other conduct by you that iTUSA considers inappropriate, until such breach has been cured.

 

iTUSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither iTUSA nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.

 

 

By use of the Sites and/or Services, you consent to receive electronic communications from iTUSA (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.

 

 

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at info@itusatennis.com or by any of the methods listed in the Copyrights and Copyright Agent section. We will address any issue to the best of our abilities as soon as possible.

 

 

Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Sites and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither iTUSA nor its parent or subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.

 

 

The Terms shall be exclusively governed by and construed in accordance with the laws of the State of Arizona within the United States of America without giving effect to any principles of conflicts of law.

 

 

If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

 

 

iTUSA makes no representation that the Terms comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

iTUSA will protect and use information provided by you as set forth in the iTUSA Privacy Policy posted on this Site.

 

You agree not to violate or attempt to violate the security of this Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

 

You understand that your account information on the Site is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. iTUSA is entitled to rely on the fact that any Submitted Materials sent to this Site under your User ID and Password for this Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact iTUSA immediately.

 

 

Title and risk of loss for products purchased by you through this Site passes to you upon delivery of the products to our carrier for shipment to you.

 

We may assign our rights and responsibilities hereunder without notice to you.

 

We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this Site.

 

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to this Site.

 

The failure of iTUSA to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by iTUSA, as applicable.

 

Your use of this Site, however, is subject to the additional disclaimers and caveats that may appear throughout the iTUSA's website(s).

 

Should either party hereto, or any heir, personal representative, successor or assignee of either Party hereto, resort to legal proceedings in connection with this   Agreement or Writer’s relationship with iTUSA, each shall bear its own costs, attorneys’ fees and litigation related expenses.