TERMS AND CONDITIONS
Coaching Agreement for "Beyond the Game" Poker Coaching Program
Acceptance of Terms and Conditions for Online Product Purchases
Term of Agreement
Online Products Used at Your Own Risk
Refund Policy
Ownership Rights and Proprietary Information
Intellectual Property
Recorded Content
Changes to These Terms
Indemnification
Assignment
Disclaimer
Limitation of Liability
Choice of Law
Dispute Resolution
Severability
Legal Age
Relationship of Parties
Miscellaneous
Contact Us
Coaching Agreement for "Beyond the Game" Poker Coaching Program
This Agreement is made by and between Phil Galfond LLC ("Company") and the Participant ("Client") whereby Phil Galfond ("Coach") agrees to provide coaching services through the "Beyond the Game" Poker Coaching Program (the "Program").
By purchasing and participating in the Program, the Client acknowledges and agrees to the following terms and conditions:
Acceptance of Terms and Conditions for Online Product Purchases
This Acceptance of Terms and Conditions for Online Purchases (the "Agreement") sets forth the terms of the relationship between Phil Galfond LLC, a Nevada entity, (the "Company") and you as the purchaser or consumer ("Client") as it relates to the purchase of goods and services offered online through the Company's website and/or related online links (the "Online Products"). You and the Company may be referred to in this Agreement collectively as the "Parties" or individually as a "Party." You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
Term of Agreement
This Agreement shall apply to your purchase of one or more Online Products offered through the Company's website and/or related online links.
Online Products Used at Your Own Risk
You acknowledge and agree that you are not guaranteed to achieve any specific, personal, professional, or financial results or earn any specific amount of income by purchasing one or more of the Online Products. The Company makes no promises, representations, or warranties concerning the viability of any goals, aspirations, or endeavors you may identify or choose to pursue during or as a result of your purchase of one or more of the Online Products. You agree to use any of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. The Company does not provide psychological, investment, or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety.
Refund Policy
All Online Products are non-refundable. Any purchase by you is deemed completed upon submission and acknowledgment that the form of payment provided in connection with the transaction may be charged by the Company.
Ownership Rights and Proprietary Information
The Company and its affiliated entities own all right, title, and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services, and information made by the Company (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by the Company (or its affiliated entities) in connection with the Online Products or any Proprietary Information (as defined below). You agree that all materials provided by the Company as part of the Online Products, which are confidential and proprietary in nature, will constitute the Company's "Proprietary Information." You will personally use all materials related to the Online Products and not duplicate, replicate, distribute, copy, or otherwise disseminate such materials to third parties without the prior written consent of the Company.
Intellectual Property
You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents, and copyrighted materials (the "Company Intellectual Property") associated with the Online Products are the property of the Company. You will not take any action that would interfere with or infringe upon the Company Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Company Intellectual Property; (ii) registration, creation, or use of trademarks, service marks, or domain names that are the same or substantially similar to the Company Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the Company Intellectual Property; (iv) use of any Company Intellectual Property in any social media website, newsgroup, page, association, broadcast, or other designation without the express written consent of the Company and (v) any action that would pass off or create the appearance of an association with or endorsement by the Company.
Recorded Content
All group calls within the Program will be recorded and may be used by Phil Galfond LLC for any purpose, including but not limited to marketing, promotional materials, and educational content, in perpetuity. By participating in the Program, the Client consents to the recording of group calls and understands that these recordings may be shared publicly or used in any media now known or hereafter devised without further approval or compensation. Participants must not request the removal of any recorded content from the Program.
Changes to These Terms
We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.
Indemnification
You agree to indemnify and hold harmless Phil Galfond, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Assignment
You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without the Company's prior written consent.
Disclaimer
The site, its content, and all the materials are “as is” and “as available” without warranty or guarantee. You access the site at your own risk understanding that Phil Galfond disclaims any and all warranties, including, but not limited to, express or implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Phil Galfond will not be responsible for or liable for any damage that may arise from your use of this site. Phil Galfond disclaims any and all warranties pertaining to the accuracy and usefulness of the materials, content, software, or services provided via the site. Phil Galfond makes no promises or representations that our software is free from viruses, malware, or any other harmful components, or that the site will be available without interruption. This section applies to you to the full extent allowed by applicable law.
Limitation of Liability
To the maximum extent provided by applicable law, Phil Galfond does not accept liability for loss or damage of any kind, be it direct, indirect, consequential, special, exemplary, incidental, actual, punitive, or otherwise, whether it arises from personal injury, financial loss, data loss, opportunity loss, third-party use or misuse, aggregate service, personal dissatisfaction, or any other damage resulting from your use of the site. The full assumption of risk and therefore responsibility lies with you, the user and visitor. Phil Galfond, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors will not be held liable in any event. For jurisdictions in which statutory law prohibits the limitation of certain types of liability related to the gross negligence of a party, Phil Galfond’s liability is limited to the full extent allowed by applicable law.
Choice of Law
These Terms and any disputes arising from the use of the site are governed by and construed according to the law of the state of Nevada. Each party agrees to submit to the courts of the state of Nevada and that the state of Nevada has personal jurisdiction over the matter.
Dispute Resolution
We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration. You agree to waive any and all rights to a jury trial you may have in any and all judicial procedures and proceedings related to any dispute arising from your use of the site under these Terms.
Severability
If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.
Legal Age
By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
Relationship of Parties
You agree that by purchasing one or more of the Company's Online Products you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
Miscellaneous
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement and revokes and supersedes all prior or contemporaneous agreements, communications, proposals, or understandings, whether electronic, oral, or written, between the Parties and is intended as a final expression of their agreement.
By purchasing the Program, the Client acknowledges that they have read, understood, and agree to be bound by this Agreement.
Contact Us
If you have any questions, comments, or concerns about these Terms or our services, please don’t hesitate to contact us.
Effective Date: June 28, 2024