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Conditions of Use Conditions of Use

Terms and Conditions:

Lexington Golf Inc. provides the golfmole.com (Golfmole) Web site subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE GOLFMOLE SITE. BY ACCESSING THE GOLFMOLE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE GOLFMOLE SITE.

1. Rules.

While visiting the Golfmole Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Golfmole Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Golfmole Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Golfmole Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

2. Monitoring.

Lexington Golf Inc. has no obligation to monitor the Golfmole Site. However, you agree that Lexington Golf Inc. has the right to monitor the Golfmole Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Golfmole Site properly, or to protect itself or its subscribers. Lexington Golf Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Lexington Golf Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

3. Privacy.

Lexington Golf Inc. cannot ensure or guarantee privacy for Golfmole users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Lexington Golf Inc. and its affiliate and related companies shall be relieved of all liability in connection therewith.

4. Buying over the Internet.

When making purchases or other transactions through the Golfmole Site or the Internet, but you may also be asked by to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide through the Golfmole Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Golfmole Site. Lexington Golf Inc. is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

5. Limitation of Liability.

Lexington Golf Inc. takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Golfmole Site. Further, Lexington Golf Inc. makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Golfmole Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Lexington Golf Inc. be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

6. Recourse.

If you are dissatisfied with the Golfmole Site or with any terms, conditions, rules, policies, guidelines, or practices of Lexington Golf Inc. in operating the Golfmole Site, your sole and exclusive remedy is to discontinue using the Golfmole Site.

7. Confidential Information.


You authorize Lexington Golf Inc. to collect from any party and to retain all relevant information relating to your use of the Golfmole Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Lexington Golf Inc. to the contrary by e-mailing us, you further authorize Lexington Golf Inc. to disclose, on a confidential basis, to any party with whom Lexington Golf Inc. has business relations all relevant information relating to your dealings with the Golfmole Site and us.

8. Indemnity.

You agree to defend, indemnify and hold Lexington Golf Inc. and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Golfmole Site or the Internet or the placement or transmission of any message, information, software or other materials on the Golfmole Site or on the Internet by you or users of your account. 9. Trademarks. Golfmole and other names, logos and icons identifying Golfmole.com, Townsend Putter, townsendputter.com and Lexington Golf Inc. products and services referenced herein are trademarks or registered trademarks licensed to Lexington Golf Inc. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

10. Miscellaneous.


This Agreement, including any and all documents referenced herein, constitute the entire agreement between Lexington Golf Inc. and you pertaining to the subject matter hereof. Lexington Golf Incs failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky and the federal laws of United States applicable therein.

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