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DISCLOSURE, DISCLAIMER, AND LIMITATION OF LIABILITY

 

808Golf.com. provides this web page and browser as a service to its users.

ALL INFORMATION IS PROVIDED "AS IS" AND CONTAINS NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER.

1. No Warranties. 808Golf.com makes no representations or warranties about the quality, content, accuracy, or suitability for any purpose of any information acquired through the use of 808Golf.com, nor does 808Golf.com make any representation or communications between the user and the advertiser and/or 808Golf.com;

2. No Liability. 808Golf.com is not liable for any harm, injury, lost profit, consequential damages, punitive damages, or loss of any kind resulting through the use of any information on its service. 808Golf.com shall not be responsible for any hardware or software breakdown, loss of service, virus contamination, or other computer or communication contamination, interruption, or error caused as a result of using this service;

3. User's Responsibilities. It is entirely the user's responsibility to determine if the user has the legal right to use, save, store, reproduce, or otherwise make use of any information contained in 808Golf.com service. It is also the user's responsibility to investigate any information obtained through the use of 808Golf.com and determine its reliability accuracy, value, and appropriate use.

4. "Adult" Orientated Materials. While 808Golf.com does not permit nor connect to any adult oriented or pornographic sites, it does not warrant that any such site may slip through. 808Golf.com shall not be liable to any user who may find such sites objectionable and is somehow connected to such a site via the service.

 

1. Definitions

  1. "808Golf.com" is the interactive on-line service operated by GOLF800 INC. on the World Wide Web of the Internet, consisting of information services and content provided by GOLF800 INC. and other third parties.

  2. "Subscriber" means each person who establishes or accesses a connection ("account") for access to and use of 808Golf.com.

2. General

This Agreement, which incorporates by reference other provisions applicable to use of 808Golf.com, including (but not limited to) supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in 808Golf.com, sets forth the terms and conditions that apply to use of 808Golf.com by Subscriber. By using 808Golf.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use 808Golf.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement.

Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

GOLF800 INC. shall have the right at any time to change or discontinue any aspect or feature of 808Golf.com, including (but not limited to) content, hours of availability, and equipment needed for access or use.

3. Changed Terms

GOLF800 INC. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of 808Golf.com, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on 808Golf.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of 808Golf.com Interactive by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of 808Golf.com and all charges related thereto.

5. Subscriber Conduct

  1. Subscriber shall use 808Golf.com for lawful purposes only. Subscriber shall not post or transmit through 808Golf.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without 808Golf.com express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Teeuphawaii.com's discretion restricts or inhibits any other Subscriber from using or enjoying 808Golf.com will not be permitted. Subscriber shall not use 808Golf.com to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become Subscribers of other on-line information services competitive with 808Golf.com.

  2. 808Golf.com contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of 808Golf.com are copyrighted as a collective work under the United States copyright laws. GOLF800 INC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GOLF800 INC. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

  3. Subscriber shall not upload, post or otherwise make available on 808Golf.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of 808Golf.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted GOLF800 INC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants 808Golf.com the right to edit, copy, publish and distribute any material made available on 808Golf.com by Subscriber.

  4. The foregoing provisions of Section 5 are for the benefit of 808Golf.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

  1. Subscriber expressly agrees that use of 808Golf.com is at Subscriber's sole risk. Neither 808Golf.com, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that 808Golf.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of 808Golf.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through 808Golf.com.

  2. 808Golf.com is provided on an "as is" basis without warranties of any kind, either express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

  3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that 808Golf.com is not liable for the defamatory, offensive, or illegal conduct of other Subscribers or their parties and that the risk of injury from the foregoing rests entirely with Subscriber.

  4. In no event will 808Golf.com, or any person or entity involved in creating, producing or distributing 808Golf.com Interactive software, be liable for any damages, including (without limitation) direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use 808Golf.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on 808Golf.com.

  5. In addition to the terms set forth above, neither 808Golf.com nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within 808Golf.com Interactive, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Prior to the execution of a stock trade, Subscribers are advised to consult with their broker or other financial representative to verify pricing or other information. 808Golf.com, its affiliates, information providers, or content partners shall have no liability for investment decisions based upon the information provided. Neither 808Golf.com nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

7. Monitoring

808Golf.com shall have the right, but not the obligation, to monitor the content of 808Golf.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by 808Golf.com and to satisfy any law, regulation or authorized government request. 808Golf.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on 808Golf.com. Without limiting the foregoing, 808Golf.com shall have the right to remove any material that 808Golf.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification

Subscriber agrees to defend, indemnify and hold harmless 808Golf.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of 808Golf.com Interactive by Subscriber or Subscriber's Account.

9. Termination

Either 808Golf.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, 808Golf.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which 808Golf.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks

808Golf.com logo's are trademarks of GOLF800 INC.. All rights reserved. All other trademarks appearing on GOLF800 INC. Interactive are the property of their respective owners.

11. Third Party Content

808Golf.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, 808Golf.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of 808Golf.com, are those of the respective author(s) or distributor(s) and not of GOLF800 INC.. Neither GOLF800 INC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through 808Golf.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with GOLF800 INC., 808Golf.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on 808Golf.com by anyone other than authorized GOLF800 INC. employee spokespersons while acting in their official capacities. Under no circumstances will GOLF800 INC. be liable for any loss or damage caused by a Subscriber's reliance on information obtained through 808Golf.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through 808Golf.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous

This Agreement and any operating rules for 808Golf.com established by GOLF800 INC. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent.

808Golf.com respects the rights of all copyright holders and in this regard, GOLF800 INC. has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide one of 808Golf.com Agents the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party;

  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GOLF800 INC. Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

For any questions or requests other than copyright issues, please contact sean@808golf.com

 

 

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Copyright 2000 [GOLF800, INC.]. All rights reserved.
Revised: April 12, 2011