|
|||||||||||||||||
|
DISCLOSURE, DISCLAIMER, AND LIMITATION OF LIABILITY
808Golf.com. provides this web page and browser as a service to its users. ALL INFORMATION IS PROVIDED "AS IS" AND CONTAINS NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. 1. No Warranties. 808Golf.com makes no representations or warranties about the quality, content, accuracy, or suitability for any purpose of any information acquired through the use of 808Golf.com, nor does 808Golf.com make any representation or communications between the user and the advertiser and/or 808Golf.com; 2. No Liability. 808Golf.com is not liable for any harm, injury, lost profit, consequential damages, punitive damages, or loss of any kind resulting through the use of any information on its service. 808Golf.com shall not be responsible for any hardware or software breakdown, loss of service, virus contamination, or other computer or communication contamination, interruption, or error caused as a result of using this service; 3. User's Responsibilities. It is entirely the user's responsibility to determine if the user has the legal right to use, save, store, reproduce, or otherwise make use of any information contained in 808Golf.com service. It is also the user's responsibility to investigate any information obtained through the use of 808Golf.com and determine its reliability accuracy, value, and appropriate use. 4. "Adult" Orientated Materials. While 808Golf.com does not permit nor connect to any adult oriented or pornographic sites, it does not warrant that any such site may slip through. 808Golf.com shall not be liable to any user who may find such sites objectionable and is somehow connected to such a site via the service.
1.
Definitions
2.
General
This
Agreement, which incorporates by reference other provisions applicable to
use of 808Golf.com, including (but not limited to) supplemental
terms and conditions set forth in paragraph 14 hereof ("Supplemental
Terms") governing the use of certain specific material contained in 808Golf.com,
sets forth the terms and conditions that apply to use of 808Golf.com
by Subscriber. By using 808Golf.com (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of the
terms and conditions hereof. The right to use 808Golf.com is
personal to Subscriber and is not transferable to any other person or
entity. Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber
shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any. GOLF800 INC.
shall have the right at any
time to change or discontinue any aspect or feature of 808Golf.com,
including (but not limited to) content, hours of availability, and
equipment needed for access or use. 3.
Changed Terms
GOLF800 INC.
shall have the right at any
time to change or modify the terms and conditions applicable to
Subscriber's use of 808Golf.com, or any part thereof, or to impose
new conditions, including (but not limited to) adding fees and charges for
use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means
including (but not limited to) posting on 808Golf.com, or by
electronic or conventional mail, or by any other means by which Subscriber
obtains notice thereof. Any use of 808Golf.com Interactive by
Subscriber after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions. 4.
Equipment
Subscriber
shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of 808Golf.com
and all charges related thereto. 5.
Subscriber Conduct
6.
Disclaimer of Warranty; Limitation of Liability
7.
Monitoring
808Golf.com
shall have the right, but not the obligation, to monitor the content
of 808Golf.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by 808Golf.com
and to satisfy any law, regulation or authorized government request. 808Golf.com
shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on 808Golf.com. Without
limiting the foregoing, 808Golf.com shall have the right to
remove any material that 808Golf.com, in its sole discretion, finds
to be in violation of the provisions hereof or otherwise objectionable. 8.
Indemnification
Subscriber
agrees to defend, indemnify and hold harmless 808Golf.com, its
affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys' fees,
arising out of the use of 808Golf.com Interactive by
Subscriber or Subscriber's Account. 9.
Termination
Either 808Golf.com
or Subscriber may terminate this Agreement at any time. Without limiting
the foregoing, 808Golf.com shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber
which 808Golf.com, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this
Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this
Section 9 shall survive termination of this Agreement. 10.
Trademarks
808Golf.com
logo's are trademarks of GOLF800 INC.. All rights reserved. All
other trademarks appearing on GOLF800 INC. Interactive are the
property of their respective owners. 11.
Third Party Content
808Golf.com
is a distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, 808Golf.com has no
more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by
third parties, including information providers, Subscribers or any other
user of 808Golf.com, are those of the respective author(s) or
distributor(s) and not of GOLF800 INC.. Neither GOLF800 INC.
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section 6 above for the
complete provisions governing limitation of liabilities and disclaimers of
warranty.) In many
instances, the content available through 808Golf.com represents the
opinions and judgments of the respective information provider, Subscriber,
or other user not under contract with GOLF800 INC., 808Golf.com
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on 808Golf.com by anyone other
than authorized GOLF800 INC. employee spokespersons while
acting in their official capacities. Under no circumstances will GOLF800 INC.
be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through 808Golf.com. It is the
responsibility of Subscriber to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through 808Golf.com. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content. 12.
Miscellaneous
This
Agreement and any operating rules for 808Golf.com established by GOLF800 INC.
constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of
Georgia, without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import. 13.
Copyrights and Copyright Agent.
808Golf.com
respects the rights of all copyright holders and in this regard, GOLF800 INC.
has adopted and implemented a policy that provides for the
termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide one of 808Golf.com Agents the
following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
§ 512:
GOLF800 INC.
Copyright Agent for notice
of claims of copyright infringement on or regarding this site can be
reached as follows: For any questions or requests other than copyright issues, please contact sean@808golf.com
|
|
||||||||||||||||
808Golf.com
Copyright © 2000 [GOLF800, INC.]. All rights reserved.
Revised:
April 12, 2011