Last Updated: February 22, 2025
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE "TERMS") BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.MEGLENGOLF.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS ("Website").
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of WWW.MEGLENGOLF.COM or other sites to which these Terms are linked (each, a "Website"), owned and maintained by Meglen Golf ("Meglen Golf," "we," "our," "us"), is governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein.
The Website is intended for individuals of all ages interested in golf coaching ("users"). If you are under 18, you must have parental or guardian consent to use our services. By accessing the Website, you affirm (i) you are at least 18 years old, or (ii) your parent or guardian of at least 18 years old has given you verifiable consent to use the Website and agrees to these Terms on your behalf. You also represent that you have the legal capacity to enter into a binding contract with us and have read this Agreement and understand and agree to its terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including content, information, design elements, text material, logos, taglines, images, video/audio clips, and downloads. Meglen Golf and any associated logos are proprietary marks of Meglen Golf, and use of those marks is strictly prohibited unless expressly authorized in writing by us.
Subject to your strict compliance with these Terms, Meglen Golf grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to access the Website for your personal, non-commercial use.
You agree not to use or attempt to use the Website or any associated software in any unlawful or harmful manner, including:
If you use any messaging function (email, SMS, or otherwise) provided by or in connection with Meglen Golf, you agree to comply with all applicable laws (e.g., CAN-SPAM Act). We have zero tolerance for spam.
We respect your privacy and the use and protection of your personal information. The submission of personal information through this Website is governed by our Privacy Policy, which will be posted separately. We reserve the right to modify that policy at our reasonable discretion. Our Privacy Policy is incorporated into this Agreement by reference.
You may be required to create an account to access certain aspects of our services. You warrant that all information you provide is truthful and accurate. You are responsible for maintaining the confidentiality of your account credentials and for any activities under your account. If you suspect unauthorized use of your account, notify us immediately at [email protected].
Certain coaching programs, courses, or digital products may be offered for sale on our Website. All payments must be received and processed before your order is accepted.
Meglen Golf does not provide refunds, returns, or credits for any digital coaching programs, courses, or related services unless explicitly stated otherwise in these Terms or other specific policy statements.
We offer a conditional guarantee for our "Break 90 in 90 Days" program. This guarantee is valid only if you demonstrate compliance with all of our instructions and can prove you have followed the program fully. If you do so and still fail to break 90 within 90 days, we will continue working with you at no additional charge until you reach the stated goal. This is not a money-back guarantee; rather, it is a commitment to provide continued coaching if you meet all program requirements but do not achieve the promised outcome.
By using our services, you waive any right to initiate a chargeback unless you have first contacted us in good faith to resolve any issues.
All offerings, products, or services are subject to availability, and we reserve the right to refuse or limit orders at our discretion.
If, in the future, we sell physical products ("hard goods"), refund policies for those specific products will be outlined on the product page or purchase order form. Currently, Meglen Golf does not offer physical products; this section is a placeholder for any future physical goods policy.
If we offer a free trial for any of our programs or online communities, details will be provided at the point of signup. If you do not cancel before the trial ends, we may automatically charge you per the agreed subscription rate unless otherwise stated. Check specific offers for their own terms.
If you enroll in a recurring subscription (e.g., monthly or annual membership), you agree that Meglen Golf (or our third-party payment processor) is authorized to charge your payment method on a recurring basis.
Cancellation instructions and deadlines will be provided in your subscription details. If you fail to cancel within the designated timeframe, your card may still be charged for the upcoming billing cycle.
We do not prorate or provide refunds for cancellations mid-billing-cycle.
Because we do not currently ship physical products, no shipping or handling fees apply at this time. Should we introduce physical goods in the future, we will update this section accordingly.
We reserve the right to change product or service prices at any time, without notice. If you have an active subscription or coaching package, you will be notified of any price changes by email, and such changes will take effect after the notice period stated in that communication.
Golf performance depends on numerous factors (e.g., physical ability, practice regimen, commitment, environmental conditions). We do not guarantee any specific improvements, earnings, or results (other than the conditional "Break 90" extended coaching guarantee described above).
We do not offer tax, accounting, legal, or financial advice. Any financial aspects referenced (e.g., cost savings on equipment or additional benefits) are illustrative only. Consult your professional advisors before making decisions.
If you use any Meglen Golf program or membership for commercial or promotional purposes (e.g., re-selling or bundling our coaching with your own services), you represent that you comply with all applicable laws and regulations. We bear no responsibility for how you operate your business or service.
If in the future we introduce features allowing customers to "round up" purchases for charity, details regarding such donations, tax implications, and any relevant disclaimers will be provided here. Currently, no such "round up" feature is offered.
Meglen Golf may launch affiliate or referral programs in the future. If we do, separate terms will apply, and details will be provided upon acceptance into that program.
Any testimonials, feedback, or other user-generated content you submit (e.g., via our community) may be used by Meglen Golf for marketing or other purposes. By submitting such content, you grant us a perpetual, irrevocable, worldwide license to display, modify, and distribute it in any media. You represent that the content you provide does not infringe on any third-party rights.
You agree to abide by all applicable laws and regulations in your use of the Website and any Meglen Golf services. Any hateful, harassing, or otherwise negative behavior that disrupts our community or violates the law may result in immediate suspension or termination of your account.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
To the fullest extent permitted by law, Meglen Golf and its owners, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or our services.
Our only liability, if any, is to provide extended coaching for individuals who have met all requirements of our "Break 90 in 90 Days" guarantee and still fail to achieve the stated result. No other remedy exists for dissatisfaction with any of our products or services.
If any liability is found, our maximum liability to you shall not exceed the amount you paid to us for the product or service at issue in the one (1) month preceding the event giving rise to the claim, or USD $2,000, whichever is greater.
PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS.
If you have any dispute with Meglen Golf, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.
If any dispute cannot be resolved informally within 120 days, it shall be resolved by binding, confidential arbitration administered by a mutually agreed-upon arbitration service, in Hamilton County, Tennessee, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall apply Tennessee law without regard to conflict of law rules.
All claims must be brought on an individual basis only, and you hereby waive any right to litigate or arbitrate any dispute as a class or representative action.
By agreeing to arbitration, you waive your right to a jury trial or to have any dispute resolved in court.
If the arbitrator rules that the class action waiver is unenforceable, this entire arbitration provision shall be rendered null and void.
To prevent or limit irreparable harm to Meglen Golf, in the event of any alleged or threatened breach of these Terms, Meglen Golf may seek injunctive or other equitable relief in Hamilton County, Tennessee. Nothing in this Agreement shall be construed to limit any legal remedies available to us.
You agree to defend, indemnify, and hold harmless Meglen Golf, its officers, directors, employees, shareholders, agents, and affiliates from and against any and all claims, liabilities, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
If you believe any content on our Website infringes your copyright, please send a notice to:
Meglen Golf
Attn: Legal Department
Email: [email protected]
Please include information sufficient to identify the infringing material and proof of ownership of the intellectual property rights.
Our Website or coaching platforms may contain links to other websites. We are not responsible for the content or functionality of any third-party site. Once you leave our Website, these Terms no longer apply. We encourage you to review the terms of any third-party site you visit.
This Agreement is effective once you use our Website or services and remains in effect until terminated by either party.
We may terminate your account or access immediately if you violate any provision of these Terms or engage in hateful, disrespectful, or other detrimental behavior in our community.
If your account is terminated due to a violation of these Terms, you will not receive a refund. Any future billing will be canceled, but you forfeit all current access to paid content.
No waiver by Meglen Golf of any breach or right under these Terms shall be effective unless in writing and signed by an authorized representative of Meglen Golf. Failure to exercise or enforce any right shall not operate as a waiver of such right.
These Terms and any dispute arising out of or related to these Terms, the Privacy Policy, or our services shall be governed by the laws of the State of Tennessee without regard to conflict of laws principles. Where any claim is found not subject to arbitration, you agree that any such claim shall be exclusively brought in the state or federal courts located in Hamilton County, Tennessee.
Meglen Golf shall not be responsible for any delay or failure to perform resulting from causes outside its reasonable control, including war, strikes, natural disasters, or other "Acts of God."
We may assign our rights or delegate our obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
You can review the most current version of the Terms at any time at WWW.MEGLENGOLF.COM/TERMS. We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement by posting updates to our Website. It is your responsibility to check our Website periodically for changes. Your continued use following any posted revisions constitutes acceptance of those changes.
You represent and warrant that:
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, along with any referenced policies (including our Privacy Policy), constitute the entire agreement between you and Meglen Golf regarding the Website and your purchase or use of any of our products or services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
If you have any questions or comments about these Terms, or wish to contact us for any reason, please reach us at:
Meglen Golf
[email protected]
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