It's the Golf Tech guys here again. In putting together this site, we’ve tried to be as transparent as possible while assuming that you are a reasonable person who uses common sense. Alas, common sense is apparently no longer enough in this legal world of ours and our lawyer is insisting the following language be included.
In the Site, we provide users with access to certain services, information and/or products (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Access
Golf Technologies grants you a limited license to access and make personal, noncommercial use of the Site and the Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, transfer or create derivative works from this Site or any content thereof. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own personal, noncommercial use, or to place an order with Golf Technologies or to purchase products or services from the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Golf Technologies suspects that such information is untrue, inaccurate, not current or incomplete, Golf Technologies has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for any and all activities (including purchases) that are conducted through your account, and for restricting access to your computer. Your username and password are for your personal use only, and may not be used by any other person. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Golf Technologies immediately of any unauthorized use of your account or any other breach of security. As a condition of the license granted to you herein, and in addition to any other conditions and restrictions set forth in this Agreement, you may not engage in any of the following activities: downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Golf Technologies’s sole discretion) an unreasonable or disproportionately large load on Golf Technologies’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Golf Technologies to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us. Golf Technologies reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, at any time, with or without reason or notice.
With respect to any materials you submit or make available for inclusion on the Site (including, without limitation, text, photos, graphics, images, music and video) (the “Submitted Content”), you hereby grant to Golf Technologies a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works based on, and sublicense the Submitted Content or any part thereof. You agree that Golf Technologies shall have the right to use the Submitted Content without compensation or credit to you. You hereby represent, warrant and agree that any Submitted Content does not include anything (including, but not limited to, text, photos, graphics, images, music or video) to which you do not have the full right to grant the license specified in this section, free of any third-party claims of any kind; that the Submitted Content is not subject to any obligation, whether of confidentiality, attribution or otherwise; and your provision of the Submitted Content to the Site complies with all applicable laws, rules and regulations.
Descriptions of Products, Services and Content
Golf Technologies does not warrant that descriptions of products or services on this Site, or that any other content of this Site, is or are accurate, complete, reliable, current, or error-free. We do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other promotions; to bar any user from conducting transactions; and to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price or prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Purchases of products and services through the Site may be subject to additional terms and conditions included on this Site, and you hereby agree to such additional terms and conditions when making a purchase.
Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE INFORMATION, CONTENT AND MATERIAL CONTAINED ON THE SITE IS INTENDED TO BE OF A GENERAL NATURE ONLY AND IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL DOG TRAINER, VETERINARIAN OR OTHER QUALIFIED PROFESSIONAL IN CONNECTION WITH THE CARE, TRAINING AND HANDLING OF DOGS. RELIANCE ON ANY INFORMATION THAT APPEARS ON THE SITE, WHETHER PROVIDED BY Golf Technologies, OR OTHERS IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Golf Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND (C) ANY ELECTRONIC COMMUNICATIONS FROM Golf Technologies. Golf Technologies DOES NOT WARRANT THAT (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR (C) ELECTRONIC COMMUNICATIONS SENT FROM Golf Technologies ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Golf Technologies DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON THIS SITE OR ANY SERVICES PROVIDED TO YOU THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND Golf Technologies’S SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Golf Technologies AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Golf Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Golf Technologies (and its officers, directors, employees, agents, affiliated entities, and their respective successors and assignees) harmless from any claims, demands, losses, liabilities, judgments, costs and expenses, including reasonable attorneys’ fees, or arising out of or related to your breach of this Agreement or your violation of any law or the rights of any third party.
Minors You must be at least 18 years of age to use the Site.
Limitation on Accounts
Each user may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Golf Technologies account, or your use of or access to this Site (including your username or password) to another party. You further agree not to permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password.
There may be some costs associated with your use of the services available through the Site. For example, your pager or cell phone service provider may charge you to receive wireless text messages. Neither Golf Technologies nor any of its partners, affiliates, licensors or vendors are responsible for any charges related to your use of such services, and you agree that all such costs shall be borne by you.
Please note that we do not accept unsolicited materials or ideas for motion pictures, television programs, websites, articles or other products or services. Therefore, please do not make any such unsolicited submissions to Golf Technologies. We are not responsible for the similarity of any of our content or materials (whether on this Site or otherwise used by us or our affiliates) to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, such unsolicited materials or ideas shall be deemed Submitted Content (as such term is defined above), and Golf Technologies shall have the full rights and license thereto as Golf Technologies has with respect to any other Submitted Content, that no consideration of any sort will be provided to you, and that you are waiving any claim against Golf Technologies and our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.
When you use the Site or send emails to Golf Technologies, you are communicating with Golf Technologies electronically. You consent to receive communications electronically from Golf Technologies. Golf Technologies may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you by Golf Technologies electronically satisfy any legal requirement that such communications be in writing.
If you no longer wish to receive our newsletter or promotional communications, you may opt out of receiving these communications by clicking on an “unsubscribe” link at the bottom of the newsletter and following the directions given.
If you have any questions regarding the meaning or application of this Agreement, or for customer support or account questions, please direct all such inquiries to firstname.lastname@example.org.
Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Golf Technologies is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Golf Technologies may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings without notice or liability; provided, however, that Golf Technologies reserves the right to treat Postings on the Site, or on certain portions of the Site, as content stored at the direction of users for which Golf Technologies will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in this Agreement (and any other applicable rules that we post on the Site) when notice of such violations is directed to our attention. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: 1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. 2. Advertisements or solicitations of any kind. 3. An impersonation of someone else or any kind of false information. 4. Personal information such as phone numbers, social security numbers, account numbers, addresses. 5. information that is deceptive, false, inaccurate or misleading. 6. Messages that offer unauthorized downloads of any copyrighted or private information. 7. Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial or promotional message. 8. Viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Community, Personal Information and Other Site Users
Information, including any personally identifiable information (meaning any information which can be used to identify a specific individual, such as a name, mailing address, telephone number, or email address), which is posted by you on the Site in any “Community”, “Feedback” or similar Site locations may be accessible to other visitors to the Site. Making this information available on the Site may result in your receiving "spam" or unsolicited emails. You are encouraged to use discretion when communicating with others or disclosing personally identifiable information online. In addition, we have no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN ON THE SITE, YOU DO SO AT YOUR OWN RISK. You are solely responsible and liable for (and we shall not be responsible or liable for) your interactions with other Site users. Golf Technologies is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise, between you and any other Site user, or any disputes arising therefrom. You agree to release Golf Technologies, its affiliates and their respective directors, officers, employees, licensors and agents, from all claims, demands, liabilities, losses and damages of any kind and nature, known and unknown, suspected and unsuspected, arising out of or connected with any communications or disputes between you and any other Site user.
Links and Third-Party Content
The Site or third parties may provide links to other World Wide Web sites or resources and may contain content supplied by third parties. Because Golf Technologies has no control over such sites, resources and third-party content (whether or not Golf Technologies has authorized any such link or included such third party on the Site), you acknowledge and agree that Golf Technologies is not responsible for the availability of such sites, resources or content and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites, resources or third parties. Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any third party or linked site are those of the respective third parties and not of Golf Technologies. You further acknowledge and agree that Golf Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource or otherwise mentioned on this Site. You are solely responsible and liable for (and Golf Technologies shall not be responsible for) your communications with any third parties appearing in or linked to the Site. Any disputes between you and any such third party are specifically and solely between you and the third party. Any warranties or representations made by any such third party are made by the third party and not by Golf Technologies. Such third parties may require you to provide additional information in order to use them or may collect additional information from you while you are using them. The collection and use of such additional information may be governed by the privacy policies of the applicable third party. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. Golf Technologies reserves the right to prohibit linking to the Site. If you are interested in linking to the Site from your site, please email your request to Golf Technologies. We may approve or deny your request in our sole discretion.
Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Sweepstakes and Promotions
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules which may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
Golf Technologies may modify this Agreement from time to time, and such modification shall be effective upon posting by Golf Technologies on the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Site. Golf Technologies reserves the right to make changes to the Site at any time without notice. Any provision of these terms and conditions that grants any rights to Golf Technologies will survive any termination of this Agreement. Golf Technologies reserves the right, at any time, to change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
The trademarks, trade names, logos and service marks (“Marks”) displayed on the Site (including, without limitation, “Golf Technologies”, “Golf Technologies Ltd") are the property of Golf Technologies or third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Golf Technologies or such third party which may own the Marks.
Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement (“Notifications”) should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Golf Technologies with the following information. Please be advised that to be effective, the Notification must include ALL of the following: 1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 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; 4. Your address, telephone number, and email address and all other information reasonably sufficient to permit Golf Technologies to contact you; 5. 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; 6. A statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to: By mail: Golf Technologies; PO.Box 340171 Birkenhead 0726 Auckland New Zealand By email: email@example.com (Please include "Notice of Infringement" in the subject line.) THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Golf Technologies THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS QUESTIONS AND REQUESTS RELATING TO PRODUCTS OR SERVICES, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Headings are for reference purposes only and do not limit the scope or extent of such section. If any provision of this Agreement is held to be unlawful, void or unenforceable, that provision is severable from this Agreement and does not affect the validity and enforceability of any remaining provisions hereof. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. This Agreement and the relationship between you and Golf Technologies will be governed by the laws of New Zealand without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the courts located in the New Zealand with respect to any legal proceedings that may arise in connection with this Agreement. The failure of Golf Technologies to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. If you enter into any other written agreement with Golf Technologies, the terms of such agreement may prevail over the terms of this Agreement if such other agreement so specifies. Except as otherwise expressly set forth herein, this Agreement constitutes the entire agreement between you and Golf Technologies and governs your use of the Site, superseding any prior agreements between you and Golf Technologies.