Terms Of Service Agreement
for pro-fittedgolfclubs.com
The following describes the Terms of Service associated with the use of the website identified above, and the term “This Website” will hereinafter refer to pro-fittedgolfclubs.com and all other “internal” websites stemming from it, which are also owned and administrated by the same legal entity as the Owners or Administrators of pro-fittedgolfclubs.com.
1. AGREEMENT
a) By accessing or using This Website, you agree to be bound by the terms and conditions set forth below, and to adhere to these Terms of Service. Please read them carefully. If you choose not to be bound by these Terms Of Service, or do not understand them, then you should not access, view, or interact with This Website. Therefore, any continued access or use of This Website will constitute your acknowledgment of these Terms Of Service and your agreement to adhere to them. Furthermore, this Terms Of Service Agreement may be modified without any individual notification to you, with such modifications occurring no more frequently than monthly, and you agree to review this Terms Of Service Agreement monthly to be aware of any such modifications.
b) Any other policies, notices, or other legal/administrative pages contained in This Website shall be considered to be incorporated into these Terms Of Service, including without limitation, our Privacy Policy, Member Agreement, FTC Compliance Policy, and any Disclaimers or Copyright Notices that may appear on This Website.
c) You agree to obey all applicable laws and regulations regarding your use of This Website and the content and materials provided in it.
2. CONTENT
a) You are granted a nonexclusive, nontransferable, revocable license to use This Website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form, and retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download, and that any notice on any portion of This Website that forbids printing & downloading trumps all prior statements and controls.
b) This Website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in This Website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
c) Publications, products, content or services referenced herein or on This Website are the exclusive trademarks or servicemarks of This Website or related parties. Other product and company names mentioned in This Website may be the trademarks of their respective owners.
d) This Website contains links to third party Websites. This Website website makes no representations whatsoever about any other website which you may access through this one or which may link to This Website. When you access a website from This Website, please understand that it is independent from This Website, and that This Website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by This Website of the contents on such third-party Websites. This Website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
e) You understand that, except for information relating to products or services clearly identified as being supplied by the Owners or Administrators of This Website, This Website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by This Website as such, all information, products and services offered through This Website or on the Internet generally are offered by third parties that are not affiliated with This Website , and we may be compensated.
f) Changes to the features, functionality or content of This Website may be made at any time, and the Owners and Administrators of This Website reserve the right at their sole discretion to edit or delete any data appearing on This Website.
g) The entire contents of This Website are protected by intellectual property law, including international copyright and trademark laws, as they protect the Owners or Administrators of This Website or any third-party licensors or related entities.
h) You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose, including text, graphics, computer code and/or software. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
3. USE OF THIS WEBSITE
a) As a user of This Website, you agree to use the products and services offered by This Website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
b) This agreement prohibits conduct during the use of This Website that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of This Website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on This Website.
c) You agree to grant to This Website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of This Website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to This Website by all means and in any media now known or hereafter developed. You also grant to This Website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Owners or Administrators of This Website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to This Website (if you don’t want it reused and reprinted, then don’t Post it).
d) You may provide links to This Website, provided you do not change, remove, or obscure the copyright notice or other notices on This Website. This Website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to This Website immediately upon request by the Owners or Administrators of This Website.
e) You agree, acknowledge, and accept that the content of This Website may not have been prepared by trained professionals, and you will not consider the content of This Website to be rendering any professional or expert advice in any arena.
f) Data contained on or made available through This Website is not intended to be, and does not constitute, legal advice. This Website , and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or timeliness of the data contained in or linked to This Website .
g) Data contained on or made available through This Website is not intended to be, and does not constitute, medical or health advice. This Website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or timeliness of the data contained in or linked to This Website .
h) Data contained on or made available through This Website is not intended to be, and does not constitute, financial/investing advice. This Website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or timeliness of the data contained in or linked to This Website .
i) Your use of This Website website or materials linked to This Website is completely at your own risk. You should not act or depend on any data on This Website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on This Website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on This Website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
j) You also agree that in no instance will any communication with anyone associated with This Website in any way be construed as initiating an attorney-client relationship, or other professional relationship, and that the content of such communications shall NOT include confidential or sensitive data because your communication will NOT be treated as privileged or confidential.
k) Access to certain areas of This Website is restricted. We reserve the right to restrict access to other areas of This Website , or indeed our whole website, at our discretion.
l) If we provide you with a user ID (username) and password to enable you to access restricted areas of This Website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of This Website or any other contractual obligation you owe to us.
4. RESTRICTED USES
a) Your use of This Website is for your own personal, non-commercial benefit. In no way are you to leverage This Website in a way that mines for the personal information of others, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email). If you inadvertently obtain personal information about other users, you shall not share it with anyone else.
b) This Website and its associated interactive online systems allow Members to Post text, images and Internet hyperlinks to publicly viewed web pages, allowing a free-flow of ideas and information to be made available for public enlightenment and support. However, certain restrictions must be imposed to ensure the participation of all types of people, some of whom may be more easily annoyed or offended than others, and to prevent any malicious Members from purposely annoying or offending others. These restrictions are NOT intended to limit, edit or censor the information presented to the Membership, but only to protect the integrity of the above-mentioned systems and the rights of all Members to participate in them without undue bother. Therefore, you are prohibited from Posting any text, images or Internet hyperlinks, to This Website and its associated interactive online systems that display (or link to) any of the following five (5) restricted content categories: 1) Profanity; 2) Personal Threats; 3) Pornography; 4) Unrelated Information (a Post must contain information relevant to the subject of the web page it is posted to); 5) Commercial Solicitation (the sole exception being Internet hyperlinks to web sites that contain relevant information AND associated Commercial Solicitations).
c) As a user of This Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; or impersonate another person.
d) You are also prohibited from Posting to This Website and its associated interactive online systems any material that is illegal, libelous, tortuous, or likely to result in retaliation against This Website and/or its Server Network by offended users, and you understand that The Owners and Administrators of This Website takes a zero tolerance approach to the sending of Unsolicited Commercial Email (a.k.a. UCE or SPAM) or similar abuse of any “Private Message” system or any system that involves This Website and its associated interactive online systems.
e) If observed by This Website and/or notified by a user of communications which allegedly do not conform to this agreement, This Website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. This Website has no liability or responsibility to users of This Website for performance or nonperformance of such activities.
f) This Website reserves the right to edit or remove any Posts that contain any of the above-mentioned “prohibited content categories” and that multiple instances of violation of these prohibitions will be grounds for revocation of any passwords or other means of posting to This Website and its associated interactive online systems that may have been previously provided.
5. WARANTEE
a) This Website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of This Website or endorse any opinions expressed by users of This Website . You acknowledge that any reliance on material posted by other users of This Website will be at your own risk.
b) This Website is provided on an “As-Is” basis without any warranties of any kind, and specifically does not warrant that This Website will operate without interruption, will be compatible with all equipment and software configurations, or will otherwise meet the user’s needs. Furthermore, The Owners and Administrators of This Website do not warrant, guarantee or make any representations regarding the use or the results of the use of This Website or its content in terms of accuracy, completeness, correctness, reliability, timeliness, or otherwise, and does not warrant that access to This Website or any service associated with it will be uninterrupted or error-free, or that any defects in service will be corrected. Therefore, you agree that the Owners or Administrators of This Website shall not and cannot be held liable for any cost or damage arising either directly or indirectly from the use of This Website or any transaction conducted from This Website.
c) You also understand that This Website cannot and does not guarantee or warrant that files available for downloading through This Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to This Website for the reconstruction of any lost data.
d) This Website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of This Website. You shall assume total responsibility for your use of This Website, and any and all risks associated with your use of This Website, including any exposure to sexually explicit or offensive material by you or any child under your care or authority, and you agree to take necessary precautions to prevent accidental access to This Website by any child or anyone else who might be offended or affected by the content of This Website. You shall also assume total responsibility for any and all risks associated with the purchase or use of any product or service provided or mentioned in This Website, and therefore indemnify the Owners or Administrators of This Website against any and all claims of injury arising from such purchases and use.
e) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL the Owners or Administrators of This Website BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES OR RELATED DOCUMENTATION PROVIDED BY This Website, EVEN IF the Owners or Administrators of This Website OR THIER AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied guarantees, so the above exclusion may not apply to you, BUT IN NO EVENT SHALL THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE PROVIDED.
6. INDEMNIFICATION
a) You agree to indemnify, defend and hold harmless The Owners or Administrators of This Website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to This Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of This Website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing This Website .
b) The provisions of this agreement are for the benefit of This Website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
7. TERM AND TERMINATION
a) This Agreement, in whole or in part, may be terminated by The Owners or Administrators of This Website without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
b) We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
8. MISCELLANEOUS
a) This Agreement shall treated as though executed, set in force, and performed in the State of Wyoming. Accordingly, it shall be governed and construed in accordance with the laws of Wyoming in terms of those applicable to agreements, without regard to conflict of law principles.
b) Any cause of action by you with respect to This Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or This Website , excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Wyoming. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
c) Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
d) The Owners or Administrators of This Website may assign its rights and duties under this Agreement to any party at any time without notice to you.
e) The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
f) Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
g) To the extent that anything in or associated with This Website is in conflict or inconsistent with these Terms of Service, then these Terms of Service shall take precedence.
h) Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement. Any rights not expressly granted herein are reserved to The Owners or Administrators of This Website.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by This Website, in order to protect you and our This Website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney, and the Owners and Administrators of This Website have paid to license the use of these legal notices and administrative pages on This Website for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape.com to detect violators.
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