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PLEASE
READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
YOUR USE OF THIS SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING AGREEMENT AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS. IF
YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES.
Agreement
Your
access to or use of all products, Content, features, specifications,
software, services, communications, and Public Areas which you may have
access to as part of, or through your use of, the GolfersMD’s web
site(s) (including our online store) (referred to individually and
collectively starting with the word “products” as the “Service(s)”) is
subject to the terms of this agreement, a legal agreement between you
(‘you”, “your”, “visitor” or “user”) and GolfersMD (“Agreement”).
“GolfersMD” “we”, “our” or “us” means GolfersMD, LLC, whose principal
place of business is at 74 Freeborn Road, Easton, CT 06612, United
States. Your agreement with GolfersMD will always include, at a
minimum, the terms and conditions, restrictions and disclaimers set out
in this Agreement.
Medical Disclaimer
The Contents of
this Service are designed to provide users with information to enhance
their golfing abilities. All works of authorship, which shall include,
but not be limited to, all information, data, text, product information
(including pricing), designs, software, music, audio files or other
sounds, photographs, videos, film, information and materials provided
by Experts, advertisements, sponsorships, user Submissions, images and
any other content or material(s) now known or hereinafter developed
(individually and collectively, starting with the phrase “All works of
authorship” "Content") which you may have access to as part of, or
through your use of, the Services should not be a substitute or a
replacement for professional medical advice, diagnosis or treatment.
All visitors and users who access or use the Services
should consult a physician for any medical condition. Do not disregard
or delay seeking professional medical advice because of some of the
Services offered by GolfersMD. GolfersMD is not practicing medical care
and use of the Services do not form any confidential, privileged or
doctor-patient relationship. The GolfersMD Parties (as such term is
defined below) do not assume any duties as a result of providing these
Services. GolfersMD does not guarantee that all Content posted on or
through its Services is accurate or the most current Content on the
subject matter; nor do they endorse or specifically recommend any of
the Content. Reliance on any Content and your use of the Services is
solely at your own risk. The GolfersMD Parties are not responsible for
any product or service sold on or through the Services or any claims of
quality or performance made on or through the Services.
You
should always speak with your physician or healthcare professional, and
carefully read all information provided by the manufacturer of a
product and on or in any product label or packaging, before using any
medication or nutritional, herbal or homeopathic product, before
starting any diet or exercise program or before adopting any treatment
for a health problem. Each person is different, and the way you react
to a particular product may be significantly different from the way
other people react to such product. You should also consult your
physician or healthcare professional regarding any interactions between
any medication you are currently taking and nutritional supplements.
Information and statements regarding dietary supplements have not been
evaluated by the Food and Drug Administration and are not intended to
diagnose, treat, cure, or prevent any disease. You should read
carefully all product packaging prior to use.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Acceptance:
In
order to use the Services, you must first agree to the terms of this
Agreement. You may not use the Services if you do not accept the terms
therein. You understand and agree that by actually using or
accessing the Services, you accept the terms of this Agreement
(including the referenced Privacy Policy which is incorporated herein
and made a part of this Agreement by this reference) and are bound
thereby and that GolfersMD will treat your use of the Services as
acceptance of the terms of this Agreement from that time forward.
You may not use the Services and may not accept the terms of this
Agreement if (a) you are not of legal age to form a binding contract
with GolfersMD, or (b) you are a person barred from receiving the
Services under the laws of the United States or other countries
including the country in which you are resident or from which you use
the Services.
Privacy
You acknowledge that you; (i) have read GolfersMD’s privacy policy here;
and (ii) agree to the use of your information in accordance with
GolfersMD’s then current privacy policy (“Privacy Policy”).
Except as otherwise provided in this Agreement, all capitalized terms
defined in the Privacy Policy shall have the meanings ascribed to such
terms therein. To the extent there is an inconsistency between this
Agreement and the Privacy Policy, this Agreement shall govern.
License from GolfersMD
The
design of these Services and all Content displayed on or that can be
downloaded from these Services are protected by copyright, trademark
and other laws and may not be used except in accordance with this
Agreement or with prior written permission of the owner of such
material. You may access and use the Services only for personal,
non-commercial purposes. This includes printing, downloading or storing
the Content for personal non-commercial use only. You may not modify
the Services in any way or reproduce or publicly display, perform, or
distribute or otherwise use any Services for any public or commercial
purpose. Any unauthorized use of any such Content or materials may
violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations. All rights and licenses not
explicitly set forth herein are reserved.
If you wish to reproduce any of the Content, you must obtain our express consent. Please see our Copyright Permission
page for information on how you can request limited permission to
reproduce certain Content. Further, the United States export control
laws prohibit the export of certain technical data and software to
certain territories. No Services may be downloaded in violation of
United States law.
User Submissions/License
While we
welcome you to share your thoughts and experiences, we do require you
to refrain from engaging in behavior that is illegal, harassing,
inappropriate, or infringes on the rights of others. Users may
create, transmit, submit, post or display (collectively “Submit”)
Content to the “Public Areas” (including blogs, message boards, ask our
expert postings, chat rooms and other public forums where people with
similar interests can share information or where users can post
questions for experts to answer, which includes, online discussions
moderated by medical, healthcare and sport experts, etc.) or
communications to us. By Submitting communications to us or
Content to the Public Areas, you also agree that such Submission(s)
is/are non-confidential for all purposes. We will have no obligation to
use, return, review, or respond to any Submitted Content. Please see
our User Submissions Guidelines for more information.
You retain
copyright and any other rights you already hold in Content which you
Submit on or through, the Services or to GolfersMD. By Submitting
communications or Content (which may include any business information,
idea, concept or invention you Submit to GolfersMD) you automatically
grant or warrant that the owner of such Content or intellectual
property has expressly granted GolfersMD an unlimited, royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the intellectual property
or Content for any purpose and in any media or medium, or any form,
format, or forum now known or hereafter developed and that GolfersMD
may sublicense its rights through multiple tiers of sublicenses. You
also confirm and warrant to GolfersMD that you have all the rights,
power and authority necessary to grant the above license.
Content
You
understand, acknowledge and agree that: (i) all Content which you may
have access to as part of, or through your use of, the Services are the
sole responsibility of the person or company from which such Content
originated; (ii) all Content presented to you as part of the Services
may be protected by intellectual property rights which are owned by the
sponsors, authors or advertisers who provide that Content to GolfersMD
(or by other persons or companies on their behalf); (iii) you may not
modify, rent, lease, loan, sell, distribute or create derivative works
based on this Content (either in whole or in part) except as
specifically stated herein; (iv) GolfersMD reserves the right (but
shall have no obligation) to pre-screen, review, flag, filter, modify,
refuse or remove any or all Content from any Service at any time and
for any reason; (v) by using the Services you may be exposed to Content
that you may find offensive, indecent or objectionable; (vi) your use
of the Services is at your own risk; (vii) by Submitting communications
and/or Content, you represent and warrant that you have ownership
rights to the communication or Content Submitted and that it does not
violate the terms of this Agreement, GolfersMD’s Submission Policy or
the rights of any person or entity, including another party’s
proprietary, privacy, intellectual property or any other rights; (viii)
you shall refrain from Submitting any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes or any other form of solicitation; (ix) you are solely
responsible for (and that GolfersMD has no responsibility to you or to
any third party for) any communication or Content that you Submit while
using the Services and for the consequences of your actions (including
any loss or damage which GolfersMD may suffer) by doing so; and (x) we
will fully cooperate with any law enforcement authorities or court
order or subpoena requesting or directing us to disclose the identity
of anyone Submitting communications or Content.
Proprietary rights
You
understand, acknowledge and agree that: (i) GolfersMD (or GolfersMD’s
licensors) own all legal right, title and interest in and to the
Services, including any intellectual property rights which subsist in
the Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist); (ii) the Services may
contain information which is designated confidential by GolfersMD and
that you shall not disclose such information without GolfersMD’s prior
written consent; (iii) all trademarks, domain names, and other
distinctive brand features appearing on the Services are the property
of their respective owners and this Agreement does not grant the user
any rights or interest therein; and (iv) you shall not remove, obscure,
or alter any proprietary rights notices (including copyright and trade
mark notices) which may be affixed to or contained within the Services.
Provision of the Services
GolfersMD
has relationships with third parties (“Third Party Providers”).
Occasionally, these third parties may provide the Services to you on
behalf of GolfersMD. You understand, acknowledge and agree that:
(i) Third Party Providers shall be entitled to provide the Services to
you; (ii) GolfersMD may change the form and nature of the
Services from time to time without prior notice to you; or stop
(permanently or temporarily) providing the Services (or any Content,
features or products within the Services) to you or to users generally
at GolfersMD’s sole discretion, without prior notice to you at any time
without any liability whatsoever; (iii) you may stop using the Services
at any time; (iv) you do not need to specifically inform GolfersMD when
you stop using the Services; (v) GolfersMD may disable or terminate
your account or access to your account or the Services without notice
and for any reason without liability to you; and (vi) if GolfersMD
disables access to your account, you may be prevented from accessing
the Services, your account details or any data, files or other Content
which is contained in your account.
The inclusion of any
products or services on or through the Services at a particular time
does not imply or warrant that these products or services will be
available at any time. It is your responsibility to ascertain and obey
all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of
any item purchased from the Services. By placing an order, you
represent that the products ordered will be used only in a lawful
manner.
Shipping Limitations/Accuracy/Confirmation/Quantity
When
an order is placed, it will be shipped to an address designated by the
purchaser as long as that shipping address is compliant with the
shipping restrictions contained on the Services. All purchases from the
Services are made pursuant to a shipment contract. As a result, risk of
loss and title for products purchased from the Services to you upon
delivery of the products to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
Products
included on the Services may be unavailable, may have different
attributes than those listed, or may actually carry a different price
than that stated on the Services. In addition, we may make changes in
information about price and availability without notice. While it
is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or
our confirmation of an offer to sell a product or service. We reserve
the right, without prior notice, to limit the order quantity on any
product or service and/or to refuse service to any customer. We also
may require verification of information prior to the acceptance and/or
shipment of any order. We will contact you if all or any portion
of your order is canceled. If your order is canceled after
your credit card has been charged, we will issue a credit to your
credit card in the amount of the charge, less any costs incurred, if
any.
Order Returns
Please see our Returns Policy Page here.
Prices & Currency
The
prices displayed on the Services are quoted in U.S. dollars and are
valid and effective only within the United States, and such prices do
not include shipping and handling or sales taxes, if applicable, which
will be added to your total invoice price. You are responsible for the
payment of any shipping and handling charges and state and local sales
or use taxes that may apply to your order. International shipment rates
vary based on total package weight and final destination. All pricing
does not include duties, insurance costs, tariffs, or value-added
taxes. If assessed, these charges are the responsibility of the package
recipient, who will be billed for them by the local Customs office.
Services/Responsibility
In
order to access or use certain Services, you may be required to provide
information about yourself (such as identification, contact details or
transactional information) as part of the registration process for the
Service, purchasing products or as part of your continued use of the
Services. You agree that any information you give to GolfersMD will
always be accurate, correct, lawful and up to date. You may
terminate your membership upon written notification to GolfersMD.
You shall not engage in any activity that interferes with or disrupts
the Services (or the servers and networks which are connected to the
Services). You understand, acknowledge and agree that you are solely
responsible for (and that the GolfersMD Parties (defined below) have no
responsibility to you or to any third party for) any breach of your
obligations under this Agreement and for the consequences (including
any loss or damage which GolfersMD may suffer) of any such breach.
Passwords
You
are responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services, and are
fully responsible for all activities that occur under your password or
account. You agree not to use the account, username, or password of
another user or person at any time or to disclose your password to any
third party. You further agree to (i) immediately notify GolfersMD of
any unauthorized use of your password or account or any other breach of
security, and (ii) ensure that you exit from your account at the end of
each session. You acknowledge and agree that GolfersMD shall not be
liable for any loss or damage arising from your failure to comply with
this Section.
Modification or Termination of Agreement
GolfersMD
reserves the right to modify and/or terminate this Agreement with or
without notice, at any time and for any reason with no liability
whatsoever. You understand, acknowledge and agree that you are
personally liable for any orders placed or charges incurred through
your account prior to termination. When modifications are made,
GolfersMD may make a new copy of the Agreement available at:
___________________. You understand and agree that if you use the
Services after the date on which the Agreement has been modified,
GolfersMD will treat your use as acceptance of the updated Agreement.
Advertisements
We
accept advertising on the Services, but try to be responsible in what
we will and will not accept. We use commercially reasonable efforts to
label all advertisements, some of which may be targeted. Please see our
Advertising Policy for more information.
The manner, mode and
extent of advertising by GolfersMD on the Services are subject to
change without specific notice to you. In consideration for GolfersMD
granting you access to and use of the Services, you agree that
GolfersMD may place such advertising on the Services.
All
advertisers are responsible for their content posted and GolfersMD does
not assume any responsibility for any claims made by the individual
advertisers. GolfersMD’s allowance of a third party advertisement
is not an endorsement of the content or the advertiser’s product or
service. Any dealings with advertisers, including payment and delivery
of goods and services, and any other terms, conditions, warranties or
representations associated with such dealings are solely between you
and the advertiser. GolfersMD is also not responsible for any claims
users may have against individual advertisers.
Without limiting
any of the foregoing, some Content that appear on the Services are
provided by individuals or companies, promoting a particular
service or product. At our Discretion, we shall label sponsored Content
with the following label: "Advertisement". GolfersMD does not review
sponsored Content for relevancy and accuracy and it does not support,
endorse, promote or guarantee the goods and services or Content
discussed therein. Any dealings with sponsors, including payment and
delivery of goods and services or reliance upon any Content discussed
therein, and any other terms, conditions, warranties or representations
associated with such dealings are solely between you and the sponsor.
GolfersMD is also not responsible for any claims users may have against
individual sponsors.
Third Party Links
The Services may
provide hyperlinks to other Web sites,, advertisements, content or
resources. By using the Services, you acknowledge and agree that
GolfersMD is not responsible for the availability or content of these
sources. GolfersMD does not endorse these sources and will not be
liable for the content, advertising, products or materials on or
available from these other sources. You are expected to comply with any
terms of use, policies or guidelines depicted on these Web sites or
destination pages. You hereby acknowledge and agree that GolfersMD will
not be responsible or liable, directly or indirectly for any damages or
loss caused or alleged to be caused by or in connection with your use
of or reliance on any such external sites or resources, or as a result
of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or
available from, such web sites or resources.
Linking to this Service
Creating
or maintaining any link from another Web site to any page on this
Service without our prior written permission is prohibited. Running or
displaying this Service or any Content displayed on this Service in
frames or through similar means on another Web site without our prior
written permission is prohibited. Any permitted links to this Service
must comply will all applicable laws, rule and regulations.
Sweepstakes and Contests
GolfersMD
will periodically offer or co-sponsor various sweepstakes and contests
through GolfersMD.com. For each contest, GolfersMD will provide a
list of the official rules at the time of participation.
EXCLUSION OF WARRANTIES
YOUR
ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. WHEN ACCESSING
OR USING THE SERVICES, CONTENT WILL BE TRANSMITTED OVER A MEDIUM THAT
MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE GOLFERSMD PARTIES
(DEFINED BELOW). ACCORDINGLY, THE GOLFERSMD PARTIES ASSUME NO LIABILITY
FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF
ANY CONTENT TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
GOLFERSMD PARTIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
GOLFERSMD, ITS
LICENSORS, THIRD PARTY SERVICE PROVIDERS, EXPERTS, MANUFACTURERS,
VENDORS, SUPPLIERS AND EACH OF ITS/THEIR RESPECTIVE AFFILIATES,
MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OR
ANY THIRD PARTIES MENTIONED ON THE SERVICES (INDIVIDUALLY AND
COLLECTIVELY “GOLFERSMD PARTIES”), TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE GOLFERSMD
PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: (I)
THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF
THE SERVICES, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE
OF THE SERVICES (AND THE GOLFERSMD PARTIES MAKE NO COMMITMENT NOR
ASSUME ANY DUTY TO UPDATE SUCH SERVICES, LINKS, OR COMMUNICATIONS);
(II) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING
DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG OR NUTRITIONAL PRODUCTS
OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE
CONTENT CONTAINED ON THE SERVICES; (III) YOUR ACCESS TO OR USE OF THE
SERVICES WILL MEET YOUR REQUIREMENTS; AND (IV) ANY CONTENT OBTAINED BY
YOU AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE.
WITHOUT LIMITING ANYTHING ELSE, ALL
PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SERVICES ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, THE GOLFERSMD PARTIES HEREBY DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, THE GOLFERSMD PARTIES HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE
NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL THE GOLFERSMD PARTIES BE LIABLE TO YOU FOR: (A) ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR
PUNATIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER
ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A)
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS
OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) THE USE OF OR INABILITY
TO USE THE SERVICES; (II) PERSONAL INJURY, INCLUDING DEATH OR SICKNESS
CAUSED BY YOUR ACCESS TO, USE OR MISUSE OF THE SERVICES; (III) ANY
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISING, SPONSORSHIP OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY ADVERTISER, MANUFACTURER, DISTRIBUTOR,
SUPPLIER OR SPONSOR WHOSE SERVICE, PRODUCT, ADVERTISING OR SPONSORSHIP
APPEARS ON OR THROUGH THE SERVICES; (IV) ANY CHANGES WHICH GOLFERSMD
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
YOUR USE OF THE SERVICES; (VI) YOUR FAILURE TO PROVIDE GOLFERSMD WITH
ACCURATE INFORMATION, INCLUDING BUT NOT LIMITED TO ACCOUNT,
TRANASACTIONAL AND SHIPPING INFORMATION; (VII) YOUR FAILURE TO KEEP
YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE
LIMITATIONS ON THE GOLFERSMD PARTIES’ LIABILITY TO YOU SHALL APPLY
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE GOLFERSMD PARTIES ARE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR
ACCESS TO OR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF
THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOUR
REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE
EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
WITHOUT LIMITING
ANYTHING ELSE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH THIS SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN
ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK
A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS SERVICE.
NOTHING IN
THIS AGREEMENT, SHALL EXCLUDE OR LIMIT THE GOLFERSMD’S WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
Indemnity
By using this Service, you
agree to promptly indemnify and hold the GolfersMD Parties harmless
from any claim or demand, including litigation costs and attorneys’
fees, of every kind and nature as incurred, made by any third party due
to or arising out of your access to or use of our Services, your
connection to our Services, communications or Content you Submit, your
violation of this Agreement, or your violation of any rights of
another. This indemnity survives termination of this Agreement.
Assignment
GolfersMD
reserves the right to transfer, assign, sublicense or pledge this or
any part of this Agreement, the Services or its rights and associated
goodwill attached thereto and obligations under this Agreement, as
necessary, without notice and without your consent. This
Agreement, the Services and any remaining portions, shall inure to the
benefit of GolfersMD and its successors and assigns. You may not assign
any portion of this Agreement.
Notice
GolfersMD may
provide you with notices, including those regarding changes to this
Agreement, by email, regular mail, or postings on the Services.
Waiver
If
GolfersMD does not exercise or enforce any legal right or remedy which
is contained in this Agreement (or which GolfersMD has the benefit of
under any applicable law), this will not be taken to be a formal waiver
of GolfersMD’s rights and that those rights or remedies will still be
available to GolfersMD.
Severable
If any part of this
Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, that part will be enforced to the maximum extent
permitted by law, and the remainder of this Agreement will remain fully
in force.
Third Party Beneficiary
In addition to
GolfersMD, each of the other GolfersMD Parties shall be third party
beneficiaries to this Agreement and that such other companies or
persons shall be entitled to directly enforce, and rely upon, any
provision of this Agreement which confers a benefit on (or rights in
favor of) them. Other than this, no other person or company shall be
third party beneficiaries to this Agreement.
Remedies
All
remedies set forth in this Agreement are cumulative and in addition to
and not in lieu of any other remedy of the GolfersMD Parties at law or
in equity.
Choice of Law and Location for Resolving Disputes
This
Agreement, and your relationship with GolfersMD hereunder, shall be
governed by the laws of the State of Connecticut without regard to its
conflict of laws provisions. You and GolfersMD agree to submit to the
exclusive jurisdiction of the courts located within the State of
Connecticut to resolve any legal matter arising from this Agreement.
Notwithstanding this, you agree that the GolfersMD Parties shall still
be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction. You understand,
acknowledge and agree that a printed version of this Agreement will be
admissible in judicial and administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
Survival
The terms
and conditions providing for any activity following the termination or
expiration of this Agreement, any warranties, disclaimers, remedies and
any indemnification obligations, and any other provision which, by its
terms is intended to survive the termination of this Agreement, shall
survive the termination or expiration of this Agreement.
Entire Agreement
This
Agreement contains, and is intended as, a complete statement of the
arrangements between you and GolfersMD with respect to its subject
matter and supersedes all prior agreements, whether written or oral,
between the you and GolfersMD, with respect to those matters. Any
user of Services may be subject to additional terms and services that
may apply through the use of affiliate services or third-party sites.
Additional Assistance
If
you do not understand any of the foregoing terms and conditions or if
you have any questions or comments, we invite you to contact us at 74
Freeborn Road, Easton, CT 06612, United States Attn: Privacy Manager or
e-mail us at tom.carter@golfersmd.com.
Last Modified: June 22, 2007
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