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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. |