General
This website (the “Site”) is owned and operated by Florida Group Ventures CMM, Inc. d/b/a Instant Golf Improvement (“IGI”). By using the Site, you agree to be bound by these Terms of Service and to use the Site under these Terms of Service, IGI’s Privacy Policy, IGI’s Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or the products and services available through the Site or from IGI. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
IGI reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
IGI’s Limited License to You: This Site and all the materials available on the Site are the property of IGI and/or our affiliates or licensors, 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 IGI’s rights or that has not been authorized by IGI. 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, as indicated and/or offered by IGI from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Your License to IGI: By posting or submitting any material (including, without limitation, comments, blog entries, social media platform(s) postings, photos and videos) to IGI via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) 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; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting IGI and anyone authorized by IGI, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant IGI and anyone authorized by IGI the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as IGI deems appropriate.
You acknowledge and agree that any contributions initially created by you for IGI 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 IGI from their creation. Thus, IGI shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as IGI determines. If 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 IGI 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 material that is a reproduction of prior works by you shall be co-owned by IGI.
You acknowledge that IGI has the right but not the obligation to use and display any postings or contributions of any kind and that IGI may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by IGI or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any IGI materials, content, or intellectual property.
Content Delivery
You must verify that your computer or device meets the hardware and software requirements to stream or download the Content.
Please note that streaming Content via the IGI app or website will use your data unless you are connected to Wi-Fi. Using too much data might mean that you exceed your data limit, and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.
Disclaimers
Throughout the Site, IGI may provide links and pointers to Internet sites maintained by third parties. IGI’s linking to such third-party sites does not imply endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither IGI nor its affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to IGI on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not IGI. Neither IGI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, IGI neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized IGI representative while acting in his/her official capacity.
The information, products, and services offered on or through the site and by IGI and any third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, IGI disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. IGI does not guarantee that the Site or any of its functions will be uninterrupted or error-free, that defects will be fixed, or that any part of this site, including bulletin boards, or the servers that support it, are free of viruses or other harmful components. IGI does not warrant or make any representations regarding the use or the results of using the Site or materials on this site or third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
You agree at all times to defend, indemnify and hold harmless IGI and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services provided by IGI and by third parties. IGI is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. Suppose you make a purchase from a merchant on the Site or a site linked to by the Site. In that case, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and IGI. A merchant may have privacy and data collection practices that are different from IGI’s. IGI has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release IGI and our affiliates from any damages that you incur and agree not to assert any claims against IGI or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through IGI’s Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that IIGI shall not be responsible or liable for any loss, damage, or other matters of any sort incurred because of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or to anticipate demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to IGI or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Payments
IGI accepts all major credit cards and debit cards through our payment processing system(s).
IGI will take all necessary steps to ensure that all information provided by you when paying for digital content is secure, utilizing an encrypted payment mechanism. However, in the absence of negligence on IGI’s part, any failure by IGI to comply with this contract or IGI’s Privacy Policy (see clause 3) or breach by IGI of our duties under applicable laws, IGI will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give IGI.
Your credit card or debit card will only be charged when you sign up for a Paid Subscription, at the end of a free trial if you have not cancelled the subscription, or if you bypass the free trial after signing up, or if you purchase another tangible product listed on the Site, or if you purchase an in-person instructional program.
All payments by credit card or debit card need to be authorized by the relevant card issuer.
All prices for all services and products are displayed in US Dollars and debited from your chosen payment vehicle as your local currency, including applicable taxes within any governing jurisdiction.
Interactive Features
This Site includes a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to IGI and real-time interaction between users, and other features that will enable users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. IGI does not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks IGI uses to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without IGI’s express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
IGI may host message boards, chats, and other private/public forums on its Sites and different platforms. 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, groups, chats, or other such forums in the future. IGI 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 IGI staff, IGI’s outside contributors, or by users not connected with IGI, some of whom may employ anonymous usernames. IGI 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 is IGI responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will IGI, 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 views of IGI or any of its subsidiaries or affiliates.
IGI 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 IGI has the absolute right to monitor the same at IGI’s sole discretion. In addition, IGI reserves 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 to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
What IGI Provides
IGI provides services for streaming and downloading golf instruction content, book and content sales, virtual coaching, and instructional in-person golf schools at various locations across the globe. Other goods and services may be developed from time to time.
If you sign up to become a subscription member of a product or service, or if you download IGI’s app and/or sign up for an account via IGI’s website or app, including all associated features and functionalities, websites and user interfaces, IGI well as all content and software applications related to our services (collectively referred to as “Service”), or if you are accessing any videos or other content or material made available through the Service (the “Content”), you are entering into a binding contract with IGI and agree to be legally bound by these terms of use.
Registration
To access certain features of the Site, IGI may ask you to provide certain demographic information, including your gender, year of birth, zip code, and country. In addition, if you elect to sign up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with IGI on the form provided, and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Suppose IGI has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete. In that case, IGI has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). IGI’s use of any personally identifiable information you provide to IGI as part of the registration process is governed by the terms of IGI’s Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify IGI immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. IGI cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall IGI, our subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, or consequential damages resulting from the use of or the inability to use the site, including IGI messaging systems, blogs, user comments, books, emails, products, or services, or third-party materials, products, or services made available through the site or by IGI in any manner, even if IGI has been advised in advance of the possibility of such damages. (Because some states do not allow the exclusion or limitation of specific categories of damages, the above limitation may not apply to you. In such states, IGI’s liability and the liability of IGI subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that IGI is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to cease using the site and the associated products, services, and/or materials. This site is continuously under development, and IGI makes no warranty of any kind, implied or expressed, regarding its accuracy, completeness, or appropriateness for any purpose.
Termination
IGI may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you concerning material downloaded from the Site, and the disclaimers and limitations of liabilities outlined in these Terms of Service, shall survive.
Privacy and Personal Information
Your privacy and personal information are essential to IGI. Any personal information that you provide to IGI will be dealt with in line with IGI’s Privacy Policy, which explains what personal information IGI collects from you, how and why IGI collects, stores, uses and shares such information, your rights concerning your personal information and how to contact IGI and supervisory authorities if you have a query or complaint about the use of your personal information.
Services and Products
Below, IGI sets out how a legally binding contract between you and IGI is made.
- You create an account by providing your details via IGI’s website or app. Please read and check your details carefully. If you need to correct any errors, you can do so before submitting it to IGI.
- IGI’s website is free to use, and IGI’s app is free to download and use, when available. Some Content and parts of the Service are available free of charge to all users (“Free Service”).
- Some of the Content and parts of the Service are only available if you have paid for a subscription (“Paid Subscription”) or a one-off plan (“Coaching Plan”).
- When creating an account, you will be automatically signed up to a Free Trial (see clause 6 below) of a Paid Subscription. Once you have signed up, you can bypass this Free Trial if you wish.
- Your application to sign up constitutes an offer by you to subscribe to the Service by way of a Paid Subscription or Coaching Plan. IGI will confirm acceptance of your offer by sending you an email that confirms your application has been accepted (“Confirmation Email”). A legally binding contract will be made between IGI upon your receipt of the Confirmation Email.
Virtual Coaching Plans
If you purchase a Virtual Coaching Plan, you will have access to selected content and services for the chosen period, which will be delivered over a set period. For example, if you choose the 4-week coaching plan, you will have access to the 4-week coaching plan videos for the full 4 weeks.
If you have waived your right to cancel or have started streaming/downloading the content within the cancellation period (see clause 8), you will not be able to cancel the Plan.
Paid Video Golf Instruction Subscriptions
The Paid Video Golf Instruction Subscription options are available on IGI’s website, with IGI explaining which Paid Subscription options are available to you when you create an account.
With a Paid Video Golf Instruction Subscription, you will have access to all of the IGI video golf instruction library contents for the duration of your subscription.
IGI reserves the right to modify, terminate, or otherwise amend IGI’s offered subscription plans and promotional offerings at any time under these Terms.
IGI may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service.
Suppose you have signed up for a Paid Video Golf Instruction Subscription. In that case, you will be charged for the Service regularly until cancellation by you (see Clause 9) after any Free Trial period is finished (if applicable). The payment dates will depend on the type of subscription you sign up for (see subscription options).
By signing up for a Paid Video Golf Instruction Subscription (including a Free Trial of a Paid Subscription), you acknowledge that after any Free Trial is up, your subscription will result in a recurring payment by you indefinitely until you cancel the subscription. You accept all responsibility for the recurring charges before cancellation by you.
VIP Monthly Membership Minimum Term
If you sign up for our Annual Membership, you enter into a 12-month minimum commitment after the 14-day cooling-off period. Suppose you choose to cancel before the end of the 12-month term. In that case, you will be refunded the balance of your paid video subscription, determined by your date of initial subscription, minus reasonable business expenses to facilitate your annual membership, such as credit card processing and handling fees, shipping and postage or any promotional items associated with your annual membership, as well as other expenses incurred by IGI.
Free Trials
When you sign up for a Paid Video Subscription, you have an automatic 7-day free trial. You can cancel your subscription within the Free Trial period, and you will not be charged for the Service.
IGI, or third parties, may offer Free Trials of Paid Subscriptions of differing periods (“Free Trial”).
IGI may withdraw a Trial at any time without prior notice and without any liability, subject to your statutory rights.
For some Trials, IGI will require you to provide your payment details to start the Trial. By providing such information, you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that IGI discloses to you in advance. If you do not want to be charged at the end of the trial period, you must cancel the paid subscription before the end of the Free Trial by clicking here and pressing the cancel button.
Golf Schools
IGI’s golf school reschedule and cancellation policy can be found at
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event, or course will specify its refund policy.
Cancellation of Subscription Services
If you have purchased a subscription product from IGI, you may cancel at any time by finding the subscription on your Account page (xxx). You will not be billed after cancellation, and you will continue to have access to your product until the end of the period for which you had fully paid.
If your purchase included a money-back guarantee, you can find that policy here.
Contact Us: If you would like to request additional information regarding these Terms of Use, please contact us at info@instantgolfimprovement.com.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by IGI infringe your copyright, you, or your agent, may send IGI a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon IGI actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to IGI a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. IGI’s Copyright Agent for notice shall be info@instantgolfimprovement.com.
Assignment
This Agreement shall be binding upon and inure to the benefit of IGI and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of IGI. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by IGI to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution
These Terms of Use shall be governed by and construed under the laws of the State of Florida, and any dispute shall be subject to binding arbitration in Polk County, Florida. Suppose any provision of this agreement shall be unlawful, void, or for any reason unenforceable. In that case, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with IGI on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
Suppose any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable. In that case, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute Resolution provision will be unenforceable, and a court will decide the dispute.
Permission to use the App and Content
When you download and use IGI’s App, and when you use our Service to download/ stream Content, you will not own the App or the Content. Instead, IGI gives you permission to use them (also known as a ‘license’) to use and enjoy them according to these terms and conditions.
The license to use IGI’s App and IGI’s Content:
- Are personal to you. You can use it anywhere in the world, provided you comply with local laws.
- Are non-exclusive to you. IGI supplies the same App to other users.
- Is restricted for use on no more than five computers or devices.
- May not be:
- copied by you.
- changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law).
- combined or merged with, or used in, any other computer program.
- distributed or sold by you to any third party.
- Contain information which is owned by IGI or third parties or both. You must not conceal, change, or remove any markings which show who owns this information, such as copyright ©, registered trademark ® or unregistered trademark ™ markings.
- Except where you have permission to use the App and IGI’s Content under this clause 12, you will not obtain any rights of ownership or other rights (of whatever nature) in the App or in any copies of it.
- You will indemnify IGI and hold IGI harmless against all damages, losses, and expenses arising out of your use of the App, which is in breach of the terms of this agreement.
