Terms & Conditions

Terms of Service

These Terms of Service (“Agreement”) are a legally binding agreement between you (“User”) and Malaska Creative Partners, LLC (“Company,” “we,” “us,” or “our”), which operates the Malaska Golf platform, including websites and applications (the “Service”).

Incorporated Policies

These Terms of Service incorporate by reference the following Malaska Golf policies, as updated from time to time:

Privacy Policy: https://www.malaskagolf.com/privacy-policy
Refund Policy: https://www.malaskagolf.com/refund-policy
Cancellation Policy: https://www.malaskagolf.com/cancelation-policy
Do Not Sell or Share My Personal Information Policy: https://www.malaskagolf.com/ccpa-opt-out

By creating an account, purchasing content, starting a subscription, completing checkout, enrolling in a program, or otherwise using the Service, you agree to these Terms of Service and acknowledge the policies incorporated into them.

If there is a conflict between these Terms of Service and another incorporated policy, these Terms of Service will control unless the other policy expressly states that it controls for that specific subject.

1. Acceptance of Terms

By accessing or using the Service, you:

agree to be bound by these Terms; and
consent to electronic contracting.

We may update these Terms at any time. Continued use of the Service after updates are posted constitutes acceptance of the updated Terms.

You may terminate this Agreement at any time by deleting your account or discontinuing use of the Service.

2. Eligibility and Accounts

You must be at least 16 years old, or the age of majority in your jurisdiction, to use the Service.

You agree to:

provide accurate account information;
maintain the confidentiality of your login credentials; and
accept responsibility for all activity under your account.

If you are a parent or guardian allowing a minor to use the Service, you agree to supervise and accept responsibility for that minor’s use of the Service.

3. Privacy

Your use of the Service is subject to our Privacy Policy.

Certain content providers, coaches, instructors, program producers, or professional program participants (“Producers”) may receive access to limited account information and activity related to programs you purchase, access, or engage with.

You acknowledge that:

Producers may be independent parties;
Producers may have their own practices, communications, and policies; and
we are not responsible for the independent data handling practices of Producers.

4. Program Access, Purchases, and Subscriptions

We may offer several types of access to content, programs, libraries, channels, memberships, professional programs, or other features through the Service.

Rental Access

Rental access provides limited-time streaming access to designated content during the applicable rental period.

When the rental period ends, access to the rented content will expire unless otherwise stated.

One-Time Purchase Access

Certain products may be offered as a one-time purchase with ongoing or indefinite streaming access.

A one-time purchase gives you access to stream the purchased content with no fixed access end date, subject to these Terms. A one-time purchase does not give you ownership of the content itself.

Unless expressly stated otherwise in writing, purchased content remains available only while:

the content remains part of the Service;
we retain the rights and technical ability to provide the content;
your account remains active and in good standing;
the Service remains operational; and
access is not restricted or removed under these Terms.

Purchased content may be removed, restricted, replaced, or discontinued where required by law, rights-holder restrictions, platform changes, technical limitations, security concerns, business reasons, discontinued operations, or changes to the Service.

If we permanently discontinue access to purchased content for reasons within our control, we may, in our discretion or where required by applicable law, provide a replacement, credit, refund, or other remedy. We do not guarantee any specific remedy unless required by law or expressly stated in writing at the time of purchase.

Download Access

Where downloads are permitted, download access is subject to any limits shown at the time of purchase or access.

Downloaded content may be used only for personal, non-commercial use and may not be copied, redistributed, resold, publicly displayed, publicly performed, uploaded, shared, or used to create derivative works.

We may remove or disable download functionality at any time unless expressly stated otherwise in writing.

Subscription Access

Subscription access provides recurring access to content libraries, channels, programs, features, or memberships as they exist from time to time.

Subscriptions automatically renew until canceled. You may cancel subscriptions through your account settings or through the applicable platform where the subscription was purchased.

Subscription access may include changing collections of videos, programs, channels, features, instructors, or instructional materials. We do not guarantee that any particular item of content will remain available for the duration of a subscription.

M-System All Access Plan Scope

The M-System All Access Plan provides streaming access to eligible M-System video content and other content specifically identified as included with the plan. The term “All Access” refers to eligible subscription video access within the M-System membership and does not mean that every Malaska Golf product, program, resource, or offer is automatically included.

Unless expressly stated on the product page or at checkout, the M-System All Access Plan does not include separately sold one-time purchase products, downloadable workbooks, worksheets, eBooks, email journeys, guided email programs, live coaching, private lessons, events, merchandise, partner products, affiliate products, Certified Coach Programs, coach-only training, certification materials, instructor resources, directory listings, coach tools, revenue opportunities, promotional benefits, or other add-ons.

Certain separately sold programs may include video content that is also available to M-System All Access members. In those cases, M-System All Access membership includes access to the eligible video content only, and does not include related workbooks, downloads, email journeys, bonuses, coaching, private lessons, events, merchandise, certification materials, coach-only resources, or other separately sold components unless expressly stated.

Certified Coach Programs and Professional Access

Malaska Golf may offer separate programs, memberships, certifications, training, resources, directories, tools, communities, calls, coaching materials, promotional opportunities, student offers, platform access, or other professional benefits for instructors, coaches, professionals, affiliates, or other approved participants (“Certified Coach Programs”).

Certified Coach Programs are separate from consumer memberships, including the M-System All Access Plan, unless expressly stated in writing. Enrollment in a consumer membership or purchase of a consumer program does not grant access to Certified Coach Programs, coach-only content, instructor training materials, certification resources, directory listings, coach tools, student-management features, discount codes, revenue opportunities, promotional privileges, or related professional benefits.

Access to Certified Coach Programs may require a separate application, approval, purchase, subscription, certification status, annual renewal, training completion, testing, participation requirements, or continued compliance with Malaska Golf’s program standards.

Malaska Golf may modify, suspend, revoke, or terminate access to Certified Coach Programs, benefits, directory listings, credentials, badges, tools, content, or related privileges if a participant fails to meet program requirements, violates applicable terms or policies, misuses Malaska Golf intellectual property, misrepresents certification status, fails to maintain required certification or renewal status, or otherwise acts in a manner inconsistent with the program’s standards or Malaska Golf’s brand.

Unless separately agreed in writing, certification, directory placement, badges, and participation in any Certified Coach Program do not create an employment, agency, franchise, partnership, joint venture, or exclusive relationship with Malaska Golf. Certified Coach Program participants are not authorized to bind Malaska Golf, make promises on behalf of Malaska Golf, or represent themselves as employees or official spokespersons of Malaska Golf.

In-App Purchases

In-app purchases made through Apple, Google, Roku, Amazon, or another third-party platform are billed by the applicable platform, not directly by us.

Those purchases may also be subject to the applicable platform’s payment terms, refund policies, and account rules.

Billing Terms

Unless explicitly stated otherwise:

all purchases are final and non-refundable;
subscriptions automatically renew until canceled;
rental periods expire at the end of the stated rental term;
promotional pricing may be changed or discontinued at any time; and
access may depend on your account remaining active and in good standing.

5. Content Availability and Service Changes

Malaska Golf may add, remove, modify, replace, suspend, or discontinue any content, program, channel, feature, instructor material, library, application feature, website feature, professional program benefit, directory feature, tool, or portion of the Service at any time, with or without notice.

Access to specific content, programs, features, benefits, tools, or professional opportunities is not guaranteed unless expressly stated in writing. Subscriptions, purchases, rentals, memberships, professional programs, and other paid or free access offerings provide access to the Service or applicable content offering as it exists from time to time, and do not create ownership rights in any specific video, program, lesson, instructor content, feature, library, benefit, credential, directory listing, or platform function.

Subscription access may include changing collections of videos, programs, channels, features, and instructional materials. Malaska Golf does not guarantee that any particular item of content will remain available for the duration of a subscription, membership, rental period, or other access period.

Purchased content provides ongoing streaming access only while the content remains available on the Service and while Malaska Golf retains the rights and technical ability to provide it. Malaska Golf may remove, restrict, replace, or discontinue access to purchased content where required by law, rights-holder restrictions, platform changes, technical limitations, security concerns, business reasons, discontinued operations, or changes to the Service.

Certified Coach Programs, professional benefits, directory listings, credentials, badges, tools, calls, communities, promotional opportunities, student offers, discount codes, revenue opportunities, or other professional program features may be added, removed, modified, suspended, restricted, or discontinued at any time, subject to any separate written agreement that expressly applies.

Malaska Golf is not responsible for any loss, inconvenience, or claim arising from the removal, modification, replacement, suspension, or discontinuation of content, Service features, professional program benefits, directory features, or access privileges, except where prohibited by applicable law.

6. License and Intellectual Property

We grant you a limited, non-exclusive, non-transferable, revocable license to:

stream and access content through the Service; and
download content only where downloads are expressly permitted.

You may not:

resell, redistribute, sublicense, or share content;
use content commercially, except where expressly permitted through a separate written agreement or approved Certified Coach Program terms;
publicly perform, display, or exhibit content;
copy or reproduce content except where expressly permitted;
create derivative works from content;
remove rights notices or branding;
use content for training artificial intelligence systems, datasets, or machine learning models; or
access content through unauthorized tools, scraping, bots, or automated methods.

All content remains the property of the Company, its licensors, Producers, instructors, or other rights holders.

No purchase, rental, subscription, membership, certification, program enrollment, directory listing, professional benefit, or download transfers ownership of any content or intellectual property rights to you.

Certified Coach Program participants may receive limited permission to use certain Malaska Golf names, badges, marks, materials, or resources only as expressly authorized by Malaska Golf in writing or through applicable program rules. Any such permission is limited, revocable, non-transferable, and subject to continued compliance with Malaska Golf’s standards, brand guidelines, and program requirements.

7. User Content

If you submit, upload, post, transmit, or otherwise provide content through the Service, including comments, reviews, messages, images, videos, swing videos, lesson materials, profile information, directory information, coach biographies, testimonials, or other submissions (“User Content”), you grant us a worldwide, irrevocable, royalty-free, sublicensable license to use, host, store, reproduce, display, distribute, modify, and otherwise process that User Content in connection with operating, improving, marketing, and providing the Service.

You represent that you have all rights necessary to submit User Content and grant this license.

You remain responsible for your User Content.

We may remove or restrict User Content at any time if we believe it violates these Terms, infringes rights, creates risk, is inaccurate or misleading, misrepresents certification status or affiliation, or is otherwise inappropriate for the Service.

8. Acceptable Use

You agree not to use the Service in a way that violates these Terms or applicable law.

You agree not to:

Content Violations

infringe intellectual property, privacy, publicity, or other rights;
post defamatory, abusive, harassing, threatening, obscene, or harmful content;
promote violence, terrorism, hate, exploitation, or illegal activity;
exploit, endanger, or harm minors;
impersonate another person or entity;
misrepresent your affiliation with any person or entity;
misrepresent your certification status, coach status, professional relationship, credentials, or authorization from Malaska Golf; or
upload content you do not have the right to upload.

Technical Violations

scrape, harvest, extract, or mine data from the Service;
reverse engineer, decompile, or attempt to discover source code;
bypass security, access controls, paywalls, subscription restrictions, certification restrictions, professional access controls, or geographic restrictions;
introduce viruses, malware, malicious code, or harmful scripts;
interfere with the operation of the Service;
use bots, crawlers, automation, or unauthorized scripts;
share login credentials or allow unauthorized account access; or
attempt to gain unauthorized access to systems, accounts, content, professional programs, tools, directories, or data.

We reserve the right to suspend, restrict, or terminate accounts for violations of these Terms.

9. Account Suspension and Termination

We may suspend, restrict, or terminate your account or access to the Service at any time if we believe:

you violated these Terms;
your conduct creates risk or liability;
your account has been used fraudulently or unlawfully;
payment fails, is reversed, or is disputed;
continued access may harm the Service, other users, Producers, instructors, coaches, Certified Coach Program participants, or the Company;
you misrepresent your certification status, credentials, affiliation, or authorization from Malaska Golf;
you fail to meet applicable Certified Coach Program requirements or standards; or
termination is otherwise appropriate to protect the Service.

Upon termination, your right to access the Service and any associated content, programs, benefits, tools, directories, professional privileges, or Certified Coach Program access will end, except where otherwise required by law or expressly agreed in writing.

We are not responsible for preserving account access, user history, preferences, downloads, submitted content, directory listings, professional benefits, or program privileges after termination, except where required by law.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted access.

We make no warranties regarding:

availability or uptime;
content accuracy, completeness, or suitability;
golf performance, improvement, or results;
business results, student acquisition, revenue, referrals, directory performance, or professional opportunities;
uninterrupted access;
compatibility with any device, platform, browser, or app store;
continued availability of any content, feature, instructor, program, library, professional benefit, directory listing, credential, badge, tool, or Certified Coach Program; or
error-free operation.

Instructional golf content is provided for informational and educational purposes only. Your use of any drills, exercises, movements, training methods, or physical activities is at your own risk.

You are responsible for determining whether any activity is appropriate for your skill level, health, physical condition, and environment.

Certified Coach Programs, directories, badges, listings, or professional materials do not guarantee coaching success, student results, revenue, referrals, business growth, public visibility, endorsement, employment, or any specific professional outcome.

11. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service or these Terms is limited to the greater of:

$100 USD; or
the amount you paid to us for the Service in the 12 months preceding the claim.

To the maximum extent permitted by law, we are not liable for:

indirect damages;
incidental damages;
consequential damages;
special damages;
punitive damages;
lost profits;
lost data;
loss of goodwill;
service interruptions;
content removal or unavailability;
device or platform incompatibility;
personal injury arising from use of instructional content;
loss of directory placement, visibility, referrals, students, revenue, professional opportunities, certification benefits, promotional privileges, or business expectations; or
claims related to third-party platforms, payment processors, app stores, Producers, instructors, coaches, Certified Coach Program participants, or external services.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless:

the Company;
its affiliates;
its officers, directors, employees, contractors, agents, and representatives;
its licensors;
its Producers and instructors, where applicable;

from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:

your use of the Service;
your violation of these Terms;
your violation of any law or regulation;
your infringement or alleged infringement of rights;
your submitted User Content;
your misuse of content;
your unauthorized access to or use of the Service;
your misuse of Malaska Golf names, marks, badges, content, materials, tools, directory listings, or professional program benefits;
your misrepresentation of certification status, coach status, credentials, affiliation, or authorization from Malaska Golf; or
your coaching, instruction, professional services, student relationships, business activities, or other activities outside the Service.

13. Arbitration; Class Action Waiver

All disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by JAMS, except where prohibited by applicable law.

You agree to:

waive the right to a jury trial; and
waive participation in class actions, class arbitrations, representative actions, and consolidated proceedings.

Arbitration will occur:

in your local jurisdiction for consumer disputes, where required by applicable law; or
otherwise in New York County, New York.

You may bring eligible claims in small claims court.

This arbitration provision will survive termination of these Terms.

14. Governing Law

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles.

If arbitration is found unenforceable or does not apply, disputes will be resolved exclusively in the state or federal courts located in New York County, New York, except where prohibited by applicable law.

15. General Terms

Failure to enforce any provision of these Terms does not waive our rights.

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

You may not assign or transfer your rights under these Terms without our consent.

We may assign these Terms in connection with a merger, acquisition, sale of assets, restructuring, change of control, or operation of law.

These Terms, together with any applicable policies or additional terms presented to you, constitute the entire agreement between you and the Company regarding the Service.

Any separate Certified Coach Program agreement, enrollment terms, certification standards, brand guidelines, revenue-sharing terms, directory requirements, or professional program terms presented to you may apply in addition to these Terms. If there is a conflict between these Terms and a separate written Certified Coach Program agreement that expressly states it controls for a specific subject, the separate written agreement will control for that subject only.

16. Contact

Malaska Golf
c/o Malaska Creative Partners, LLC
PO Box 1511
Belgrade, MT 59714
support@malaskagolf.com