TERMS OF USE
This page states the terms of use ("Terms of Use") for the http://www.modelgolf.com
web site and any other site provided by ModelGolf, LLC. These Terms of Use are in
addition to any other agreement you may have with ModelGolf. PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS WEB SITE, YOU ACCEPT
AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS
OF USE, DO NOT USE THIS SITE. We may, at our discretion, modify or revise these
Terms of Use at any time by updating this Web page. We recommend that you review
this page periodically because you will be bound by any such modification.
Introduction
ModelGolf produces hardware and software for, among other things, connecting golf
instruction systems to web-based computers and distributing and displaying the ModelGolf
technology over the Internet. ModelGolf is a subscription-based distance learning
service offered by ModelGolf. It allows golfers to create a personalized instruction
program and thereby receive customized drills and instructions to help them improve
their game. Golfers may access these pages 24 hours/day and use them as a resource
for learning how to swing like a pro.
Restrictions on Use of Materials and the Site
We maintain this Site and all the information, communications, software, photos,
text, video, graphics, music, sounds, images and other material and services found
on this Site (collectively, "Content") for use by paid subscribers (members) of
the ModelGolf.com website for their own personal use for only lawful purposes.
You acknowledge that the Content is protected by copyrights, trademarks, and other
proprietary rights (collectively, "Rights"). In addition to our Rights in individual
elements of the Content, the selection, coordination, arrangement and enhancement
of the Content as well as the underlying technology is also protected by copyright
law.
We authorize you to download one temporary copy of parts of the Content from this
Site to a single computer for purposes of viewing and browsing through this Site,
except where otherwise specified. All other use of Content from this Site, including,
but not limited to, modification, publication, transmission, participation in the
transfer or sale of, reproduction, creation of derivative works from, distribution,
performance, display, incorporation into another website, mirroring this Site, or
in any other way exploiting any of the Content, in whole or in part, or downloading
and using software repeatedly for uses other than browsing may not be made without
prior express written consent from ModelGolf.
You may not engage in any fraudulent or illegal activity using or in connection
with this Site. You may not use any device, software or routine to interfere with
or attempt to interfere with the proper working of this Site.
Purchasing on the Site
To make purchases on this Site, you must be 18 years of age or older and you agree
to provide accurate and truthful billing and shipment information.
Children
Parents or legal guardians of Members under 18 years of age, are legally responsible
for the actions of their children on this Site. We encourage parents and guardians
to instruct their children to never give out their real names, addresses, or phone
numbers on the Internet without first obtaining parental consent. We at ModelGolf
require parental consent for children 13 years old and under in order to participate
in online activities.
We want to assure you that providing consent for a child to participate in online
activities does not include permission to have that child's information shared with
third parties (other than the product or service provider providing such online
activities). Click here to consult our Privacy Policy
which outlines the measures we take to protect the personal information of all our
Members.
With regard to content, ModelGolf would like to remind parents and guardians that
filters and other technologies are available to restrict childrens' access to certain
types of Internet content that parents and guardians may find unsuitable for children.
Parents and guardians can inquire about such filters and other technologies with
their Internet Service Providers.
Members
Members must register with ModelGolf before they may use any material on this Site.
Members agree that any information or other material that they post, transmit or
otherwise make available though ModelGolf: (a) shall be for the primary purpose
of golf instruction; (b) shall not be fraudulent or intentionally misleading or
inaccurate; (c) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; (d)
shall not violate any law, statute, ordinance or regulation (including without limitation
those governing securities transactions, consumer protection, unfair competition,
false advertising, deceptive practices or anti-discrimination); (e) shall not be
defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall
not be intentionally malicious or derogatory toward ModelGolf or any ModelGolf advertiser
or licensor; (g) shall not be harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically
or otherwise objectionable material of any kind, including, but not limited to,
any material which encourages conduct that would constitute a criminal offense;
or (h) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information.
Members will be responsible for, and will indemnify and hold harmless ModelGolf,
its subsidiaries, divisions, affiliates, agents and representatives against, any
claim arising from any material that they post or transmit or otherwise make available.
Although ModelGolf may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards and other user-generated information on the Site,
ModelGolf is not under any obligation to do so. You acknowledge that ModelGolf does
not control the information available on the bulletin boards, chat rooms and other
user-generated information and that any opinions, advice, statements, services,
offers or other information or content presented or disseminated on any bulletin
board, chat room or on any other user generated pages are those of their respective
authors who are solely liable for their content. ModelGolf reserves the right, in
its sole discretion, to edit, refuse to post or remove any material submitted to
or posted on the chat rooms, bulletin boards or on any other user generated pages.
Disclaimer and Limitation of Liability
We reserve the right to refuse to provide our services to anyone at any time, in
our sole discretion. We may in our sole discretion add, delete, or change some or
all of our services at any time. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our Site may be interfered with
by numerous factors outside of our control. We reserve the right to refuse to provide
our services to anyone at any time, in our sole discretion. We may in our sole discretion
add, delete, or change some or all of our services at any time. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation of our
Site may be interfered with by numerous factors outside of our control.
THIS SITE , ITS CONTENT, LINKS AND PRODUCT AND SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTIES AS TO ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT.
WE DO NOT ENDORSE ANY OF THE POSTINGS ON THIS SITE.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF
THIS SITE, ITS CONTENT OR LINKS, OR PRODUCTS OR SERVICES AVAILABLE THROUGH THIS
SITE INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE.
Links to Third Party Web Sites
This Site may contain links to Web sites which are maintained by other individuals
or organizations over whom we have no control. We make no representations or warranties
regarding 1) the accuracy or any other aspect of the information located on sites
for which we provide links, 2) loss or damage to your computer, software, or data
resulting from the use of such links or data or software found on the linked sites,
or 3) the results of the use of such linked sites. We are not responsible for the
availability or the content contained on the sites of these outside resources and
you should direct any concerns regarding any external link to the webmaster of such
site.
Remedies
Without limiting our other remedies, we may suspend or terminate your account if
you are found to have engaged in fraudulent or illegal activity in connection with
this Site or with these Terms of Use.
Copyright Agent
If you believe that your information has been used on this Site in a manner that
constitutes copyright infringement, please provide ModelGolf's Copyright Agent with
a written notice (e-mail is sufficient) that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on this
Site;
- your address, telephone number, and e-mail 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, under penalty of perjury, that the information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
ModelGolf's Copyright Agent for notice of claims of copyright infringement on this
Site is: Susan Antonio, santonio@saturnasset.com.
Jurisdiction and Choice of Law
These Terms of Use are to be governed by and construed in accordance with the laws
of the Commonwealth of Pennsylvania. In the event of any dispute concerning this
Site, its Content or use, you agree that any litigation shall be subject to the
exclusive jurisdiction of the state or federal courts in Pittsburgh, Pennsylvania.
Because this Site is intended for use only in the United States, those who choose
to access this Site from outside the United States do so on their own initiative
and are responsible for compliance with local laws.
Trademarks
MODELGOLF, MODELPRO and MODELOVERLAY are trademarks or registered marks of ModelGolf,
LLC.
© Copyright 1999-2009 ModelGolf, LLC. All rights not expressly granted above are
reserved to ModelGolf.
Contacting the Web Site
If you have any questions about these Terms of Use, the practices of our Site, or
if you need to contact our Site, you can contact:
Website Administrator
ModelGolf, LLC
7648 Southland Blvd
Suite 103
Orlando FL 32809
T: (407) 851-9408
support@modelgolf.com