Terms & Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of EyeLine
Golf. The collective work includes works that are licensed to EyeLine
Golf. Copyright 2003, EyeLine Golf ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with EyeLine Golf or
purchasing EyeLine Golf products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place an
order with EyeLine Golf or to purchase EyeLine Golf products. Any other
use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by EyeLine Golf. You further agree not to
change or delete any proprietary notices from materials downloaded from
the site.
Trademarks
All trademarks,
service marks and trade names of EyeLine Golf used in the site are
trademarks or registered trademarks of EyeLine Golf
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, EyeLine Golf
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. EyeLine Golf does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other
harmful components. EyeLine Golf does not make any warrantees or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
EyeLine
Golf shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if EyeLine Golf has been
advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a EyeLine Golf product is mistakenly listed at an
incorrect price, EyeLine Golf reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. EyeLine Golf
reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, EyeLine Golf shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by EyeLine Golf
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
EyeLine
Golf may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided
to EyeLine Golf.
Miscellaneous
Your use
of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of EyeLine Golf
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of
EyeLine Golf products) must be commenced within one (1) year after the
claim or cause of action arises. EyeLine Golf's failure to insist upon
or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. EyeLine Golf may
assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a EyeLine Golf or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
EyeLine
Golf does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, EyeLine Golf is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on
the site. However, EyeLine Golf reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to EyeLine
Golf in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless EyeLine Golf, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, EyeLine Golf may
link to sites operated by third parties. However, even if the third
party is affiliated with EyeLine Golf, EyeLine Golf has no control over
these linked sites, all of which have separate privacy and data
collection practices, independent of EyeLine Golf. These linked sites
are only for your convenience and therefore you access them at your own
risk. Nonetheless, EyeLine Golf seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).