LAST UPDATED: October 10, 2024
The My DUPR Coach is a product of My Journey Pickleball, Inc., (“My DUPR Coach”) and My DUPR Coach makes it available and its web site (collectively “Site”) available to individuals and the content displayed on the Site. My DUPR Coach also makes available to users (“End Users”) who have subscribed to receive access to the My DUPR Coach’s apps and content and other materials (the “Platform”) (collectively, with the Content on the Site, the “Materials”) subject to their agreement to the following terms and conditions, and for any user that is a minor, subject to the required parental or guardian’s approval.
Please read these Terms and Conditions of Use (“Terms”) carefully before using this Site. By your affirmative act of accessing and using this Site, you acknowledge and agree that you have read and are bound by the terms and provisions of these Terms. If you are an End User, you are agreeing to additional terms specified below under the heading “Additional End User Terms.” As used in these Terms, the words “you” and “your” refer to any person accessing the Site, and includes End Users. The words “we,” “us,” and “our” refer to My DUPR Coach. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. We will post any such change at this Site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of our Site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.
ALL MATERIALS ON OUR SITE ARE PROVIDED SOLELY FOR YOUR INDIVIDUAL INFORMATIONAL PURPOSES. ALTHOUGH WE STRIVE TO PROVIDE TO END USERS OF THE My DUPR Coach PLATFORM THE LATEST DEVELOPMENTS RELATING TO OUR SERVICE AREAS, WE DO NOT WARRANT THE ACCURACY, EFFECTIVENESS, OR SUITABILITY OF ANY MATERIALS.
This Site and the Materials are owned by My DUPR Coach and its licensors. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, links, logos, icons and other items and other materials that are part of or posted on our Site (collectively, the “Content” and all information made available to End Users via the My DUPR Coach Platform) are copyrighted works, trademarks, or other intellectual property owned or licensed by My DUPR Coach.
The Content of our Site and the Site as a whole are intended solely for your personal use. You may download or copy the Content displayed on our Site for such uses, provided that you understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site or the associated Content.
Uploading Your Content
As a subscriber, you are able to upload your content (e.g. player’s videos) to My DUPR Coach for purposes of receiving our services. If you choose to upload your content, you must not submit any content that does not comply with this Agreement or the law, which includes but is not limited to the restrictions identified in Section 3 of this Agreement. You are legally responsible for the content you submit to My DUPR Coach. We may use automated systems that analyze your content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your content. However, we do require you to grant certain rights to My DUPR Coach, our coaches who may be 3rd party contractors, and your playing partners:
By uploading your videos and your content, you grant to My DUPR Coach and our coaches a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, and display) in connection with the service and My DUPR Coach’s business (and its successors' and Affiliates'), including for the purpose of promoting and redistributing part or all of the service.
You also grant other users who you have granted access to your content (e.g. playing partners or shared experiences) of the service a worldwide, non-exclusive, royalty-free license to access your content through the service, and to use that content, including to reproduce, distribute, prepare derivative works, and display it, only as enabled by a feature of the service. For clarity, this license does not grant any rights or permissions for a user to make use of your content independent of the My DUPR Coach Service.
You are responsible for all activity related to your access or use of the Site and the Materials. You also are responsible for all activities under your password or registered account, if any, by you or if others use your relevant information to access and use the Site. In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, (1) disguise the origin of information transmitted to or through this Site, (2) access or use this Site, or any part of the Materials for any purpose or in any manner inconsistent with the terms and provisions of this Agreement, (3) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site or the Materials, (4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site or any part of the Materials or posting any content or information on the Site, (5) post, publish or transmit any information on this Site or using the Platform that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, (6) post or publish any information on this Site or using the Platform that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme, (7) harvest or collect information from the Site or using the Platform (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications, (8) install, upload or otherwise introduce any material to this Site or the Platform that contains any time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this Site or the Materials, (9) frame or utilize framing techniques to enclose any portion or aspect of any of the Material, (10) corrupt, hack, modify or otherwise tamper with this Site or any of the Materials, (11) impersonate any individual or misrepresent your affiliation with any individual or entity, (12) access or use this Site or the Platform in any manner that reflects negatively on our reputation or goodwill or (13) post content or information in areas of the Site or on the Platform not expressly designated and approved by us for posting.
This Site may contain links to websites and resources owned by other individuals and entities (collectively, the “ Third Party Sites”). If you decide to visit the Third Party Sites, you acknowledge and agree that (1) you do so at your own risk, (2) it is your responsibility to guard against time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system, (3) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites, (4) your access to and use of the Third Party Sites is subject to the Third Party Sites’ terms and conditions of use (including their respective privacy policies), (5) we are not making any representations or warranties regarding the accuracy, appropriateness, availability, completeness, freedom from viruses, performance, quality, security or timeliness of the Third Party Sites or their content.
OUR SITE AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR ACCURACY. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MY JOURNEY PICKLEBALL, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES, OUR LICENSORS AND SUBSCRIBERS, (“INDEMNIFIED PARTIES”), EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE MATERIALS OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (1)YOUR ACCESS TO OR USE OF THE SITE, PLATFORM, OR ANY OF THE MATERIALS, THE THIRD PARTY SITES OR THE INTERNET, (2) YOUR POSTING, PUBLISHING OR TRANSMITTING OF ANY USER INFORMATION ON, THROUGH OR TO THIS SITE OR THE THIRD PARTY SITES, (3) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE PLATFORM, OR ANY OF THE MATERIALS, (4) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE SITE, (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR THE PLATFORM, OR (7) YOUR VIOLATION OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY.
IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE.
If you are purchasing products from My DUPR Coach through our website and a related third party e-commerce transaction platform, you hereby agree to the terms and conditions of that transaction as well as to these Terms and Conditions. As such, the purchase of a My DUPR Coach product is expressly made subject to these terms and conditions which includes a non-refundable purchase except in the case where the My DUPR Coach Product is not available for more ten (10) consecutive days or is not otherwise functioning as advertised for more than seven (7) consecutive days.
Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision, or of any other term or provision. We may assign our rights and obligations under this Agreement to any individual or entity at any time and without notice to you. The section headings used in this Agreement are for convenience only and have no legal effect.
Access to the My DUPR Coach Platform and related Materials are provided only to My DUPR Coach subscribers and their End Users. Before an End User is permitted to access the My DUPR Coach Platform and Material, the End User must have given valid, legal consent to the Terms and the Privacy Policy.
Any Personally Identifiable Information and other data that we receive from you or collect as a result of your use of this Site and/or the use of the My DUPR Coach Platform is subject to the terms and provisions of the Privacy Policy.
If you have questions about our User Agreement Terms or the Privacy Policy contained in this document, you can contact us via email at: info@myjourneypickleball.com.
If you experience technical problems with the operation of our Website, contact us via email at: support@myjourneypickleball.com.