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ATTENTION:
This software could seriously improve your
game.
CK Golf
Terms Of Use
TERMS
OF USE
ONLINE TERMS OF USE THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB
(THE "SITE") OF CK Golf AND agolfswing.com ('CK Golf") AND ARE
LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION
CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE
YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU
AGREE THAT CK Golf AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES TO THE PRODUCTS, SERVICES AND PROGRAMS DESCRIBED IN OR
OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU
FURTHER AGREE THAT CK Golf CAN REVISE THESE TERMS AT ANY TIME
WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR
CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN
POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All documents and other information provided on this Site,
including trademarks, logos, graphics and images (the "Materials")
are provided to you by CK Golf. CK Golf grants you the limited
right to display the Materials only on your personal computer, and
to copy and download the Materials on this Site, provided that:
(1) both the CK Golf copyright notice (set forth below) and this
permission notice appear in the Materials so displayed, copied or
downloaded; (2) such display, copy or download is solely for your
personal or internal informational use and is not to be
distributed or otherwise transmitted outside of your home or
company, or otherwise broadcast or reposted in any media. You
acknowledge and agree that you have no right to modify, edit,
alter or enhance any of the Materials in any manner. This limited
license terminates automatically, without notice to you, if you
breach any of these Terms. Upon termination of this limited
license, you agree to immediately destroy any downloaded and/or
printed Materials. You acknowledge that, except as expressly
stated herein, you have no right, title or interest in or to the
Materials.
COMPUTER SOFTWARE
Any computer software which may be downloaded or is otherwise
available from the Site is licensed subject to the terms of its
associated license agreement only, unless expressly stated
otherwise. You will not be able to use, download or install any
software unless you agree to the terms of such license agreement.
Except as expressly permitted in the applicable license agreement,
you may not use, reproduce, record, publish, publicly exhibit or
distribute any software made available on the Site without
Internet Innovation's express prior written consent. CK Golf and
its licensors retain title to any such software downloaded from
the Site and you are granted only a non-exclusive license to use
such software in accordance with the applicable license agreement.
Such software is warranted, if at all, only according to the terms
of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE
ASSOCIATED LICENSE AGREEMENT, CK Golf DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NO INFRINGEMENT. CK Golf and its licensors
reserve all other intellectual property rights in and relating to
such software.
THIRD PARTY CONTENT
Certain information and content may be provided by third parties
to CK Golf ("Third Party Content"). The Third Party Content is, in
each case, the copyrighted work of the creator/licensor. You agree
to only display the Third Party Content on your personal computer
solely for your personal or internal business use. You acknowledge
and agree that you have no right to download, cache or display any
of the Third Party Content except as set forth in this paragraph.
You further acknowledge and agree that you have no right to
reproduce, modify, edit, alter or enhance any of the Third Party
Content in any manner.
NO FRAMING
You agree not to "frame" or "mirror" any Materials or Third Party
Content contained on or accessible from this Site on any other
server or Internet-based device without the advance written
authorization of CK Golf or its licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
This Site may be linked to other websites on the World Wide Web or
Internet that are not under the control of or maintained by CK
Golf. Such links do not constitute an endorsement by CK Golf of
those websites. You acknowledge that CK Golf is providing these
links to you only as a convenience, and further agree that CK Golf
is not responsible for the content of such websites. Your use of
other websites is subject to the terms of use and privacy policies
located on the linked websites.
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site may be password restricted to registered
users ("Password Protected Areas"). If you are a registered user
of the Password Protected Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password.
You agree that you are entirely responsible for any and all
activities which occur under your account, including any fees
which may be incurred under your password-protected account,
whether or not you are the individual who undertakes such
activities. You agree to immediately notify CK Golf of any
unauthorized use of your account or any other breach of security
in relation to the Site known to you.
PRIVACY POLICY
Your use of the Site is subject to and governed by the CK Golf
Privacy Policy that is available HERE.
SOFTWARE PURCHASES
Your online purchases of CK Golf products may or may not be hosted
and managed by third party providers.
UNAUTHORIZED ACTIVITIES
You acknowledge that any unauthorized use of any Materials or
Third Party Content contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, certain
communications statutes and regulations and other applicable laws
and regulations, and agree that you are wholly responsible for
your actions or the actions of any person using your email address
or password. As such, you agree to hold CK Golf entirely harmless
from and against any and all costs, damages, liabilities, and
expenses (including attorneys' fees) incurred by CK Golf in
relation to, arising from or for the purpose of avoiding any claim
or demand brought by a third party that your use of the Site or
the use of the Site by any person using your password or email
address violates any applicable law or regulation, or the rights
of any third party.
COPYRIGHT NOTICE
All information and screens appearing on this Site including
documents, products, software and services, graphics, text
elements, website design, logos, images, and icons, as well as the
selection, assembly, and arrangement thereof, are the sole
property of CK Golf, Copyright © CK Golf, unless otherwise
specified. All rights not expressly granted herein are reserved.
Except as otherwise required by applicable law, any reproduction,
distribution, modification, retransmission, or publication of any
copyrighted material is strictly prohibited without the express
written consent of the copyright owner.
COPYRIGHT AGENTS
CK Golf RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK
OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN
COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE INTERNET
INNOVATION'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:
(a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) a description of where the material that you claim is
infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) 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;
(f) 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.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain
errors, omissions, outdated information which may affect the
quality of the Materials and the Third Party Content. You
acknowledge that neither the Materials nor the Third Party Content
have been independently verified or authenticated in whole or in
part by CK Golf, and agree that CK Golf does not warrant the
accuracy or timeliness of the Materials or the Third Party
Content, and further agree that CK Golf has no liability for any
errors or omissions in the Materials and the Third Party Content,
whether provided by CK Golf or its licensors.
CK Golf, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE
MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS
PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR
PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIMED. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CK Golf SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A
RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY
INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL
CK Golf BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS,
USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR
BREACH OR IN TORT, EVEN IF CK Golf HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
ADDITIONAL RIGHTS
Certain jurisdictions do not allow the exclusion of implied
warranties or limitation of liability for incidental or
consequential damages, so the exclusions set forth above may not
apply to you.
LOCAL LAWS
CK Golf controls and operates this Site from its headquarters in
the United Kingdom and makes no representation that the Materials
are appropriate or will be available for use in other locations.
If you use this Site from outside the United Kingdom, you are
entirely responsible for compliance with applicable local laws,
including but not limited to the export and import regulations of
other countries in relation to the Materials and the Third Party
Content.
GENERAL
CK Golf monitors your data and transmissions, CK Golf also
actively monitor overall Site usage for system utilization. You
agree that if CK Golf becomes aware of inappropriate use of the
Site or any CK Golf service, CK Golf may respond. You acknowledge
that CK Golf will report to law enforcement authorities any
actions that may be considered illegal, as well as any reports it
receives of such conduct. When requested, CK Golf will cooperate
fully with law enforcement agencies in any investigation of
alleged illegal activity on the Internet.
If you violate these Terms, CK Golf reserves the right to
terminate your access to the Site without notice. Any action
related to these Terms will be governed by law, without regard to
the choice or conflicts of law provisions of any jurisdiction. You
agree to submit to the jurisdiction of the courts, for the
resolution of all disputes arising from or related to these Terms
and/or your use of the Site. If any provision of these Terms is
held to be invalid or unenforceable by a court of competent
jurisdiction, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties, and all
other provisions shall remain in full force and effect. The
failure of CK Golf to enforce any right or provision in these
Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by CK Golf in writing. The Terms
comprise the entire agreement between you and CK Golf and
supersede all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the subject
matter contained herein.
PAYMENTS
Payments can be made by secure credit card transaction. We can
take payment by Visa, Mastercard, Amercian Express, Visa Electron
and DiscoverCard via PayPal.
Payment will be debited from your account before the dispatch of
your purchase.
We will take all reasonable care, in so far as it is within our
power to do so, to keep the details of your order and payment
secure, but in the absence of negligence on our part we cannot be
held liable for any loss you may suffer if a third party procures
unauthorised access to any data you provide when accessing or
ordering from our site.
Your details will be stored on a computer according to the terms
of the Data Protection Act 1998. We request your name and address
to enable us to provide you with an efficient after-sales service,
but we WILL NOT pass you name and address to ANY third parties.
All goods remain the property of this company until payment is
made in full. We reserve the right to change any advertised price
before you place an order. We also reserve the right to refuse to
supply goods. VAT is charged where applicable at the prevailing
rate (currently 17.5%) unless otherwise specified.
For deliveries within the EU, VAT is charged unless the customer
provides us with a VAT number in writing. For deliveries outside
the EU, including the Channel Islands, no VAT is charged as sales
to non-EU countries are classed as exports and the customer is
responsible for paying any relevant import duties.
DELIVERY
As soon as we deliver your order, you are responsible for their
safekeeping. We will not be responsible for any damage or fault
arising from incorrect storage or use.
Ownership of the goods shall pass to you when we have processed
and received full payment of all sums due in respect of the goods,
including any applicable delivery charges.
All products and services are subject to availability and may be
withdrawn at any time. If your order cannot be fulfilled you will
be notified by phone or email and you will be offered an
alternative product or given a full refund.
We reserve the right to amend these Terms and Conditions at any
time.
These Terms and Conditions do not affect consumer statutory
rights.
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