
| Terms of Use |
| Terms and Conditions ( “Terms of Use” ) Agreement to Terms of Use. Thank you for using Beachgolff.com, the Web site of Beachgolff, Incorporated (Inc.) and the home of Beachgolff.us. By accessing and using Beachgolff.com (the "Web Site"), you agree to these Terms of use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. 1. General By using the Web Site, you are representing to Beachgolff, Inc. and the Web Site, that you are at least 14 years old. You may not use the Web Site for any unlawful purpose. Beachgolff, Inc. may change any term in these Terms and Conditions at any time. The changes will appear in these Terms and Conditions, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms and Conditions each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms and Conditions for your reference. You understand and agree that the Beachgolff, Inc. may discontinue or change the Web Site at any time, without notice. You also understand and agree that the Beachgolff, Inc. may discontinue or restrict your use of this Web Site for any reason without notice. These Terms of Use were last updated on 7/12/07. 2. Copyright and limitations on use The content displayed on the Web Site ("Content") is the property of Beachgolff, Inc. or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Beachgolff, Inc., with this one exception: You may, on an occasional and irregular basis, produce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights and notices with such portion of the Content in the same form in which the notices appear at the Web Site, the original source of attribution, and the phrase "Used with permission from Beachgolff, Inc.”, However, you may not post any Content from the Web Site* to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of the Beachgolff, Inc. *OUR BLOG HAS COPYRIGHT NOTICES FOR EACH ARTICLE ON DISTRIBUTION ABILITIES. MANY BLOG ARTICLES ARE LICENSED AS IN THE PUBLIC DOMAIN. Disclaimer Of Warranties THE CONTENT ON THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE BEACHGOLFF,INC. WEB SITE, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. Limitation of Liability NEITHER WE NOR OUR AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE BEACHGOLFF,INC. WEB SITE CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR CONTINGENCIES BEYOND OUR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE BEACHGOLFF,INC. WEB SITE AND THE CONTENT. IN NO EVENT WILL WE, OUR AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ON THE BEACHGOLFF,INC. WEB SITE. WE AND OUR AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT. Links to Third Party Sites The Beachgolff, Inc. Web Site may contain links to web sites operated by persons other than us. Those links are provided for your reference and convenience only. A link from a Beachgolff, Inc. Web Site to another web site does not imply or mean that we endorse the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content, make any purchases or provided any information at any other web site to which you might link from the Beachgolff, Inc. Web Site. You agree not to hold us responsible for the content or operation of such web sites. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Beachgolff, Inc. Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Beachgolff, Inc. Web Site. Copyrights and Copyright Agents We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; * a description of the copyrighted work that you claim has been infringed; * a description of where the material that you claim is infringing is located on the site; * your address, telephone number, and email address; * 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; * a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. In the event that you have a claim of copyright infringement with respect to the Content, we encourage you to contact our Copyrighter at webmaster@beachgolff.com We cannot guarantee that any action will be taken as a result of your correspondence. Monitoring We have the right, but not the obligation, to monitor your use of the Beachgolff, Inc. Web Site to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation, authorized government request or trade association guideline. Additional Legal Terms The laws of the United States of America and the State of Florida govern these Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Florida. Venue is an appropriate federal or state court located in the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms of Use. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under the Terms of Use does not constitute a waiver of such right or provision. You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the Beachgolff, Inc. Web Sites. These Terms of Use are the entire and final agreement regarding the Beachgolff, Inc. Web Site and its Content, and supersede any prior or contemporaneous communications between Beachgolff, Inc. and you regarding the Beachgolff, Inc. Web Site and its Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Beachgolff, Inc. Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. © All rights reserved. Beachgolff, Inc. Copyright (c) |
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