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Membership Agreement

This Membership Agreement (the Agreement) is effective September 19, 2017 by and between the Madison Throws Club, LLC., hereinafter referred to as Community, accessed via throwBIGthrowFAR.com  with a business address of 2581 Placid St. Fitchburg, and all current and future members of Madison Throws Club, LLC  and throwBIGthrowFAR.com hereinafter referred to as "Member". By enrolling in the throwBIGthrowFAR.com program, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase. By accessing, browsing or using ThrowBigThrowFar.com website or by selecting I Accept during the membership registration, you represent that you have read, understand and agree to be bound by the terms and conditions of this Membership Agreement hereinafter referred to as Agreement. This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the throwBIGthrowFAR.com course and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by  throwBIGthrowFAR.com upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at throwBIGthrowFAR.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. No receipt will be sent for payment of membership.
  1. Nature of the Service
The Community is a social network facilitating the exchange of personal information between people. This socialization shall include reading the profile pages of other members and possibly even contacting them. The Community provides to its members benefits such as but not exclusive to: Online services provided by throwBIGthrowFAR.com. The Community works like an online community of internet users. No sharing or downloading of videos, documents, of information found on Madison Throws Club LLC, throwBIGthrowFAR.com or any of its subsidiaries will be allowed. All information is copyright protected. As a member you agree to allow Madison Throws Club, LLC. to charge your credit card monthly, bi-annually or annually.
  1. User Registration and Information
Member shall fill in the correct information requested in the User Registration form on the site. Member shall be required to promptly update the User Information on the site. Member shall select a username and password during the User Registration process. Member shall be responsible for: a) all use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Members username and password.
  1. Content
The Content includes messages and other materials posted to forums, groups, or other locations on the Site by the members of the Community. Member of the Community is deemed to grant the Community the nonexclusive right to post, display, copy, and modify the Content in connection with the operation of the Site and the Communities business. Further, the Member is deemed to grant the Community the nonexclusive right to post, display, copy, and sell the Content within the limitations set by the Member during the online publishing process. Member is also deemed to authorize the Community to disclose his/her personal data when the Member includes such personal data in the content.
  1. Release
If the Member has a dispute with one or more other Members, the Member shall release the Community (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  1. Privacy
Community shall store and process Members information  that are protected by physical as well as technological security devices. However, the Community shall be permitted to access and modify Members information.
  1. Indemnity
Member shall indemnify and hold the Community (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Members breach of this Agreement, or Members violation of any law or the rights of a third party.
  1. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  1. Terminating Membership
Terms regarding the status of the uploaded content shall remain applicable when the Member chooses to terminate the membership. Contents posted to the site shall not be deleted or retired as a result of the Members termination.  To end membership email steve@teachhoops.com applicable under part 16 Section (h) of this agreement.
  1. Governing Law
This Agreement shall be construed under and governed in accordance with the laws of the Rhode Island.
  1. Arbitration.
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.
  1. Limitation of Liability
Member shall not hold Community responsible for other user Members content, actions or inactions.
  1.  Terms Relating to User Supplied Site Content
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk. (b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise. (c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site. (d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions. (e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements. (f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time. (g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all. (h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type. (i) Prohibitions. You agree that you will not:
  1. Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
  2. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
  3. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
  4. Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
  5. Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
  6. Pretend to be another person that you are not.
  7. Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
  1. Refunds
No refunds. Refunds will be to the sole discretion of Madison Throws Club, LLC..
  1. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.  throwBIGthrowFAR.com and Madison Throws Club LLC. DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. FURTHERMORE,  throwBIGthrowFAR.com DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  throwBIGthrowFAR.com, their SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL. (b) LIMITATION OF LIABILITY. throwBIGthrowFAR.com SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH  throwBIGthrowFAR.com OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF  throwBIGthrowFAR.com HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

    Warranties/Limitation of Liability

OUR CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEBSITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
  1. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of throwBIGthrowFAR.com or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Teachhoops.com. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Madison Throws Club, LLC. is the trademark or registered trademark of throwBIGthrowFar.com. Other product and company names mentioned on this Site may be trademarks of their respective owners. (b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party. (c) Personal Use. throwBIGthrowFAR.com grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of throwbigthrowfar.com may terminate your use of this website at any time. (d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without throwBIGthrowFAR.com prior express written consent.
  1.   Miscellaneous
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the throwBIGthrowFAR.com Program. You may not use the throwBIGthrowFAR.com Program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. (b) Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 14. (c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. (d) Indemnification. You agree to indemnify, defend and hold throwBIGthrowFAR.com and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site. (e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
  4. 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;
  5. and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way throwBIGthrowFAR.com.  This includes but is not limited to promotional activities, advertisements, testimonials, etc. (g) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, semi-yearly, or yearly).   I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership. (h) Cancellations. I understand that I can cancel my membership at any time. I understand that cancellations MUST be made within 48 hours of my renewal date to take effect for the next pay period.  I understand if I do not cancel within 48 hours of my renewal, I am not guaranteed the next payment will be prevented.  It is my sole responsibility to make sure when I cancel it is within 48 hours of my renewal. I understand that there are no partial period refunds, and that cancellations will take effect during the next payment period.  The first payment is nonrefundable.  Repeat: NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be "returned", we have a no refund policy.  You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, email your request to coaching@throwbigthrowfar.com within 48 hours of your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window.  You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups. Contact Information Concerns or questions about this privacy policy can be directed to our contact us page or coaching@throwbigthrowfar.com Madison Throws Club, LLC. / throwBIGthrowFAR.com 2581 Placid St. Fitchburg, WI 53711 Effective September 19, 2017

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