DARRELL KLASSEN GOLF | DARRELLS GOLF TRAINING | DARRELL KLASSEN INNER CIRCLE

TERMS & CONDITIONS

Darrell Klassen Golf, Darrell Klassen Golf Training, and Darrell Klassen Inner Circle

MANDATORY CUSTOMER AGREEMENT

Welcome to the web site owned and operated by the Darrell Klassen Golf and its affiliates and/or subsidiaries.  Darrell Klassen Golf is pleased to offer its products, and provide other related information and materials to you through this web site located at Darrellsgolftraining.com.

This Customer Agreement (“Agreement”) is by and between Darrell Klassen Golf, Inc., dba Darrell Klassen Golf and/or its subsidiaries and agents (Darrell Klassen Golf Training/Darrell Klassen Inner Circle), a California corporation, and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution.  This Agreement sets forth the terms and conditions of your use of Darrell Klassen Golf Products (“Products”) and services (“Services”), and explains Darrell Klassen Golf’s obligations to you and your obligations to Darrell Klassen Golf, in relation to the Products and Services You purchase.

TERMS OF SERVICE (“TOS”)

IMPORTANT–before installing, accessing, or using any part of this site, you should read the following Terms and Conditions contained in this TOS Agreement carefully, as they govern your access to and use of this site (collectively, the Darrell Klassen Golf Sites).  Darrell Klassen Golf is willing to grant the use of this site to you only on the condition that you accept all of the Terms and Conditions contained in the TOS.  If you do not agree with this TOS, you are not granted permission by Darrell Klassen Golf to access or otherwise use these sites, and are instructed to exit immediately.

 TERM OF AGREEMENT AND/OR MODIFICATIONS

You agree that Darrell Klassen Golf may modify this Agreement and the Services from time to time.  You agree to be bound by any changes Darrell Klassen Golf may reasonably make to this agreement when such changes are made.  If you have purchased Products from Darrell Klassen Golf, the term of this Agreement shall continue in full force and effect as long as you take advantage of and/or use the Products and Services.  In the event you terminate your usage, you are not entitled to a refund of any amount.

 

 ACKNOWLEDGEMENT

Your participation in this site is strictly voluntary.  Your knowledge of our existence is base on your response to advertisement, referral from your friend(s), or other contact generated on your part.  You are not coerced, required, or expected to participate in any program, product or merchandise/material that you do not personally desire.  Programs, products, or merchandise/materials are thoroughly covered within their respective advertisements.  It is the customers responsibility to understand what they are buying, joining, or participating in.  IF YOU ARE NOT CONFIDENT WITH REGARD TO AN OFFER–DO NOT PLACE THE ORDER.  Questions to clarify products, programs and merchandise/material should be directed to darrellsgolf@gmail.com prior to completing any transaction.  Upon delivery of programs, products, and/or merchandise/materials, Darrell Klassen Golf will not be responsible for customer’s failure to properly interpret, understand or comprehend the full terms of the transaction.

 

PRODUCTS AND SERVICES

3.  NOTIFICATION FOR CANCELLATION OF SUBSCRIPTION(S)

DARRELL KLASSEN INNER CIRCLE

Notification of Your intent to terminate your subscription to the Darrell Klassen Inner Circle, a monthly newsletter and accompanying DVD, must be provided in writing to darrellsgolf@gmail.com prior to the 10th of the month of termination.  This product is outsourced and upon delivery of the membership roster to the printer, alterations in the roster are not permitted.  Messages left in voice mail boxes or verbal conversations do not qualify as notifications to Darrell Klassen Golf.
4.  7-DAY TRIAL OFFERS

In the SPECIAL 7- DAY MONEY BACK GUARANTEE for the Never Fail Golf System, Never Fail Golf–Approach Shot Magic, or ANY webinar program, Darrell Klassen Golf will refund the program fees up to 7 days after the order is placed.  After the seventh day, the purchaser agrees to continue in the course with no other remedies for any refunds, as these are downloadable materials and cannot be returned to Darrell Klassen Golf.  Any golfer wishing to cancel the order and not be charged for any of these programs is required to contact Darrell Klassen Golf in writing, via email, on or before the 7th day following the date the order was placed.  The email address for such cancellations is darrellsgolf@gmail.com.  Telephone calls will not suffice as proper and legal cancellation of these special offers.  Exceptions to this policy are at the discretion of the merchant.

5. RETURN ADDRESS

Products which customers deem to be defective and/or approved for return MUST be returned to the following address:

DARRELL  KLASSEN  GOLF
P.O. BOX 132
MORRO BAY, CA 93443
USA

Upon receipt and verification of defective product(s), replacement of the exact same product(s) will be made to the customer.  When appropriate, credit will only be issued on the original credit card number.  Darrell Klassen Golf will not accept responsibility for returns inappropriately made to any other address, fulfillment center, or random guess by the customer.  Products NOT returned to the appropriate Morro Bay address will NOT receive a refund, nor do they qualify for replacement.  Return postage is NOT provided.

6. REPLACEMENT ORDERS

Customers who provide incorrect mailing addresses must pay shipping and handling for the replacement order.  If the replacement merchandise/material has to be requested from a fulfillment facility, an appropriate replacement charge will be requested from the customer, prior to providing a replacement.

Customers who change addresses during the year, permanently or temporarily, are responsible for maintaining appropriate address updates with Darrell Klassen Golf.  Darrell Klassen Golf will not accept responsibility for merchandise/materials or programs provided to wrong mailing addresses, nor incorrect email addresses.  These changes must be directed to Darrell Klassen Golf at darrellsgolf@gmail.com.

 

7. COMPOUND OFFERSINNER CIRCLE

When Darrell Klassen Golf offers a compound product, such as a discounted DVD or a free DVD with a FREE  Edition of the subscription to the Darrell Klassen Inner Circle, if the subscription is cancelled prior to making a payment for the second month’s membership, the customer will be required to pay full retail for the DVD he received through the offer.  These offers are not for the intended purpose of discounting DVDs, but are for the express purpose of introducing golfers to the Darrell Klassen Inner Circle and increasing membership.  No substitutions will be permitted.

    COMPOUND OFFERSDVDs
When a DVD is sold as a special promotion with another DVD, substitutions are NOT permitted and exchanges cannot be made.

 

8.  “STYLE” OF INSTRUCTION

Darrell Klassen Golf is NOT entering an arrangement with customers to solicit their input pertaining to our method of instruction or to exclusively provide never before heard methodology.  A golfer claiming he/she has already heard or already knows the instructional information does not constitute ground for a return or refund.  A golfer not agreeing with the style of communication and/or presentation does not constitute grounds for a return or refund.

9.  ITEMS WHICH CANNOT BE RETURNED

Darrell Klassen Golf does NOT accept returns of the following items for refunds:

  • Any product not in its original security cellophane wrapping and/or missing the UPC code.
  • Any products which were not sold by Darrell Klassen Golf or Darrell Klassen Golf Training.  Darrell Klassen Golf is not responsible for Darrell Klassen golf instruction material(s) or guarantee(s) of any Product(s) sold by any company other than Darrell Klassen Golf.
  • Any Downloadable products.  In general, digital content purchased and/or downloaded from Darrell Klassen Golf is not returnable.  If you experience technical problems accessing a download or using the item you purchased, you are required to contact the Darrell Klassen Golf Support Unit through darrellsgolf@gmail.com for assistance.  We will access and confirm digital files we have provided to confirm that it is valid; however, we do not have access to your computer nor do we give instruction in operating your computer.
  • Effective June 1, 2013, Darrell Klassen Golf does not honor the return of products or materials due to change or heart, misunderstanding, inability to perform, disagreement with style of instruction, possession of similar instruction, bad health, changes in physical ability, or angry spouses.
  • Once an order is placed, Products/Services in transition (still being processed through the fulfillment center; still in the process of being delivered via the Postal Service and/or in the process of being delivered via download) may NOT be cancelled, and do not qualify for a refund.
  • The Darrell Klassen Inner Circle is a monthly publication of a golf instruction by newsletter and accompanying DVD.  This product is completely outsourced and cancellation after the 10th of the month will result in billing for that month as the membership roster provided to the printer cannot be altered once it is submitted.
  • Items returned by customers without Return Authority will be considered unauthorized and treated as good will donations.

10. PRODUCT AND/OR MATERIAL PROVIDED BY FULFILLMENT CENTERS
Subscription materials and DVD orders are provided by fulfillment centers when orders are placed with Darrell Klassen Golf.  Darrell Klassen Golf will not honor cancellation of an order after the order is delivered to the fulfillment center.  Orders filled by fulfillment centers will commonly contain a return address to their center; however, voluntary return of product to a fulfillment center will NOT result in a credit being issued, as fulfillment centers do not manage returns or credits.  Merchandise returned to their facilities is destroyed (They are NOT returned to Darrell Klassen Golf) because their service is Print-On-Demand.

11. DELIVERY OF INCORRECT PRODUCT
In cases where an error was made by a fulfillment center, the customer is required to contact Darrell Klassen Golf Customer Service by email or telephone to advise of the error and make arrangements for the correction to be made.  The customer will be required to return the errant product to the Morro Bay address for Darrell Klassen Golf to confirm the error, before the correct product will be provided to the customer.

 

BILLING AND CUSTOMER SERVICE

12.  BILLING DISPUTES
As a current or prior customer of Darrell Klassen Golf, each customer agrees to provide Darrell Klassen Golf 30 days to attempt settlement of any billing dispute, before filing a dispute with any third-party credit/debit card company or bank.  Darrell Klassen Golf must be the first option in billing disputes.  Should Darrell Klassen Golf receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Darrell Klassen Golf has been given a chance to resolve the issue, Darrell Klassen Golf has the right to collect on the rendered services and any fees associated with those disputes.  Regardless of the outcome of the chargeback, Darrell Klassen Golf retains the right to collect on any rendered services or fees that are due.  Darrell Klassen Golf will submit any disputed amounts to a collection agency.  Once a chargeback has been received, Darrell Klassen Golf will immediately suspend the account until the matter is resolved.

13.   CHARGEBACKS /  RETRIEVAL  REQUESTS / DISPUTES
Darrell Klassen Golf is not interested in the business of any customer who handles billing questions or purchase issues by Chargeback, Retrieval Request, or Dispute systems.  Darrell Klassen Golf is aware that these systems are available to all credit card customers, however, we have found them to be a method of “friendly fraud”, used by unscrupulous internet customers for the purpose of obtaining and consuming merchandise without paying for same merchandise.  Our customers are expected to contact us directly, make us aware of the issue, allow us to respond to the issue, and conduct themselves in a fashion no different than if they were standing face to face with us.  Experience reveals that most people utilizing these systems have forgotten, misunderstood, or deny their actions in placing internet orders.  These are NOT legitimate excuses, but they are issues that direct contact with Darrell Klassen Golf can resolve.  Fees assessed against Darrell Klassen Golf by card processors for customers who utilize Chargeback, Retrieval Request, or Dispute systems should expect to have that charge billed to their credit card, or to be submitted to a collection agency.

 

14. CUSTOMER SERVICE TELEPHONE CONTACTS
Customers who prefer to contact Darrell Klassen Golf Support by telephone can reach Customer Service at 559-302-9020.  This line is set up to accept voice messages during periods when calls are at a high volume.  Failure to leave a message DOES NOT constitute as a phone contact.  When leaving a voice mail, please be certain to leave your full name, spell out your last name as it is in our member base, and leave your telephone number complete with area code, as well as the details of your contact.  Based on the nature of your contact, your call will be returned, or the required answer to your question or concern will be sent via your email account.   This Customer Service line is manned 8:00 AM to 5:00PM EST.  Do not hesitate to leave your message for us.

 

15.  CUSTOMER SERVICE EMAILS
Email is the required method of contact for cancellation of subscription materials.  Once the email is sent to darrellsgolf@gmail.com with the information necessary to identify the product you desire to  cancel an email will be returned to you confirming cancellation. Confirming cancellation by telephone is acceptable, however, telephone contact alone does NOT satisfy the required method of contact.

 

CUSTOMER AGREEMENTS

16.  ATTENDANCE DURING CALLS AND/OR WEBINARS
I agree that I am freely and willingly participating in Darrell Klassen Golf webinars, calls, or web conferences, and do hereby grant Darrell Klassen Golf or designated entities permission to record and duplicate recordings of any and all, but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, etc.

I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings, regardless of the product format (audio, visual, written, etc.), and further authorize the use of myself, voice and/or likeness on the aforementioned.

Any funds from the sale of these recordings past, future, or present will be exclusively for the benefit of Darrell Klassen Golf.  Darrell Klassen Golf shall own all rights to any and all such works and may make any use or nonuse of such works without payment or obligation to the attendee or customer.

Any failure of the customer to participate in any portion of a product and/or services does not entitle participant to an extension of the services nor does it entitle the participant to a refund. Darrell Klassen Golf at its sole discretion may change, add to, or alter the materials and topics described and/or change, substitute, add to, or schedule differently any teleconference calls, webinars, or training described.  A change to any of the above does not entitle the participant to a refund of any amount.

17.  DISCLAIMER
Results may vary from golfer to golfer, depending upon each golfer’s own athletic ability and willingness to follow the instruction precisely as it is laid out in the written and video material(s).  Darrell Klassen Golf cannot guarantee any golfer’s personal performance regardless of its golf instructional material(s).  Thousands of golfers have had success with the instructional programs presented and offered by Darrell Klassen Golf.  Golfers who have taken the time and patience to follow the instruction exactly as it is described and communicated have experienced excellent and positive results.  Golfers who have not followed the course(s) exactly as they are presented may have experienced less success.

Darrell Klassen Golf cannot and does not guarantee every golfer will become a low handicap player simply by purchasing any of its instructional material(s).  Darrell Klassen Golf does guarantee any golfer who will put forth the effort to diligently study and apply the instruction will make improvement.  A golfer’s lack of natural athletic ability or negligence in practice does not constitute justification for a refund on the product.

Darrell Klassen Golf does not retain “studio quality” video companies for video taping, due to the uncontrollable activity on site.  Any disagreement with the quality of photography has no bearing on the quality of instruction, and thus does not constitute justification for return or refund.

18.   GOVERNING LAW, VENUE, WAIVER OR TRIAL BY JURY
This agreement shall be deemed entered into in the State of California.  You agree that the laws and judicial decisions of Tulare County, California, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement.  You agree that any action relating to or arising out of this Agreement shall be brought in the Courts of Tulare County, California.  For the adjudication of disputes concerning the use of any domain name registered with Darrell Klassen Golf, You agree to submit to jurisdiction and venue in the U. S. District Court for the District of California located in Morro Bay, California.  You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.  Each part agrees to be responsible for their own legal counsel and/or fees.

19.  ENTIRE AGREEMENT
You agree that this Agreement including the policies and agreements to which it refers constitute the complete and only Agreement between You and Darrell Klassen Golf regarding the Products and Services considered herein.

20.  SEVERABILITY
You agree that the terms of this Agreement are severable.  If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement.  The remaining terms and conditions of the Agreement will remain in full force and effect.

21.  WAIVER
The failure of Darrell Klassen Golf to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of Darrell Klassen Golf thereafter to enforce such provisions.