Terms and Conditions
PLEASE READ CAREFULLY, THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER, AND SWING MASON, LLC A TEXAS LIMITED LIABILITY COMPANY (“Swing Mason” or the “Company”). Please CAREFULLY READ these terms and conditions (these “Terms and Conditions”) before using the Company’s website, www.swingmason.com (the “Site”). The Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or
licensed by the Company.
By accessing and using the Site you thereby agree (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of the Company, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site.
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE. Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are thirteen (13) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of the Company, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of the Company, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by the Company, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of the Company, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
1. GENERAL DEFINITIONS: In addition to the terms defined above, the following terms have the meanings described below as follows:
- “We,” “our,” or “us” refers to the Company and the Company’s use of the Site;
- “User” or “Users” refers to individuals who are users of the Site;
- “You” or “your” refers to you, the individual, or if you are accessing the Site on behalf of a company, the company for whom you are acting, the User of the Site.
2. ABOUT US
At Swing Mason, we specialize in developing training tools to enhance efficiency, joy and structure of golf practice & bond the relationship between teacher and student. A major frustration for golfers is the inability to know if you are replicating moves learned with a teaching pro/coach at a lesson. One focus of our training tools is to eliminate that problem, allowing golfers to practice effectively in between lessons. We know a swing is hard to build or change. We create compact, versatile & easy to use products to address this problem. Our tools are designed with a focus on golf fundamentals. Our goal is to give golfers the ability to develop positive strong muscle memory for their swing or putting stroke.
3. GUIDELINES OF USE
Without limitation, you agree to abide by the following community guidelines when using the Site:
1. That the content, materials, services and other intellectual property contained or embodied in the Site are owned by the Company and are protected by patent, copyright, trademark and other similar laws;
2. Exercise caution and common sense, same as you would in any other interaction with persons unknown to you, to protect your personal information and data.
3. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
4. Sending unsolicited marketing messages or broadcasts (i.e., spam);
5. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
6. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
7. Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
8. Not to bully, intimidate, or harass any person;
9. Not to transmit content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by the Company in its sole discretion;
10. Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, and/or rules of any national or other governmental agencies, and any regulations or other pronouncements having the force of law;
11. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
12. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
13. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
14. Not to facilitate or encourage any violations of these Terms and Conditions;
15. Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, the Company its officers, contractors, and/or employees, or any other product or service offered by the Company;
16. Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
17. Not to issue chargeback disputes against the Company;
18. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
19. Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
20. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof;
21. Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of the Company; and
22. You will respect the privacy of other Users (including, but not limited to Users’ private, family and home life), as well as the data and property of other Users.
Your failure to abide by these Terms and Conditions will result in your immediate removal from the Site and cancellation of all services provided by the Company.
4. NO FIDUCIARY DUTY
Your use of the Site does not create or impose any fiduciary duty on the Company to you, and this Agreement is not intended to, and does not, create or impose any fiduciary duty on the Company. As such, to the fullest extent permitted by applicable law and not withstanding any other provision of this agreement, you and the Company agree that no fiduciary duty is placed on the Company by your use of the Site.
5. ACCESS FOR REGISTERED USERS
You may be required to create an account to access or use certain areas of a Site or you may elect to create an account. As set forth in Section 11 below, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security. Your use of the Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions.
Registered Users who crate an account represent that they are over the age of eighteen (18). If you are under the age of eighteen (18) you may not create an account and your use of the Site requires the involvement of a parent or guardian. If We have reason to believe your account information has been compromised, we reserve the right to delete or modify your account to restrict access and to protect your account. We will make reasonable efforts to promptly notify you of any action taken by the Company in the event the account is compromised.
6. PRICING AND AVAILABILITY
All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on the Sites is complete, accurate and up-to-date. Despite
our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.
7. ORDER CONFIRMATION/SHIPPING
Once you place an order for products through the Site, it is our practice to send an email confirmation to the email address you provide. Be advised that the confirmation email only confirms our receipt of your order. Any confirmation email we generate does not constitute Our acceptance of your order or in any way warrant that the product is currently available. While we endeavor to fulfill all Orders when place, we reserve the right to limit or cancel an order at any time after receipt of a confirmation email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.
After we accept your Order, we will ship the product to the shipping address You provide to Us through the Site, provided the shipping address is compliant with any restrictions detailed on the Site. You will receive a confirmation email upon shipment of your order. Risk of loss and title for products in your order pass to you upon delivery to the carrier and any claims for lost or damaged shipments must be pursued through the carrier. We disclaim any and all liability for any shipment delays regardless of the cause.
8. LICENSE AGREEMENT/TERMINATION
By registering for and using the Site, the Company grants you a limited revocable non-transferable license to use the Site. This license is solely for your own use, only for the purposes set forth on the Site. You may download, view, copy, and print the Information incorporated into the Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that
is inconsistent with the purpose of the Site, to facilitate unfair competition with the Company or the Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms and Conditions. The Company reserves all rights, including but not limited to, intellectual property rights not expressly granted to you. This limited license is freely revocable and may be terminated by the Company at any time and without cause and in the sole discretion of the Company. This License shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of the Company. Upon termination of
this license, you agree that you shall destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination the Company may deny your access to the Site in its sole discretion.
If the Company terminates your account, you may not register for a new account under your name, or any fake name or assumed alias, corporate name, or on behalf of a third-party. You are free to terminate your account at any time by ceasing to use the Site in its
entirety. These Terms and Conditions survive any termination of your account.
9. THIRD PARTY LINKS
The Site may contain links to other websites. These links are provided for informational purposes only, and the Company does not sponsor or affiliate with any linked entity unless expressly stated. The Company makes no representations and assumes no responsibility for your use of links provided on the Site. You agree to indemnify and hold the Company and any of its related entities, board members, employees, agents and
representatives harmless from and against, and shall reimburse the Company for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by the Company as a result of the material you link, upload, post, or transmit to the Site. The Company has no duty to review or edit materials submitted by users. Any such materials may be removed by the Company at any time for any reason whatsoever.
11. PASSWORD DISCLOSURE
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions — or fail to take any actions — that could result in their unauthorized access and use of the Site or the services offered by the Company. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by the Company and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while user codes are being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the user codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the user codes, if you believe the confidentiality or security of any or all of the user codes has
been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. You are limited to one user code. Duplicate user codes may be revoked. We reserve the right to revoke or modify the user codes at any time with or without prior notice.
12. INTERACTIVE AREAS/USER GENERATED CONTENT
As a User of the Site, you may be permitted to post content that you generate, such as reviews, comments, messages, and other forms electronic materials and communications through the Site (“Interactive Areas”). Any content created by Users in the Interactive Areas constitutes User Generated Content (“UGC”). If you participate in or use any Interactive Area, you are responsible for your own UGC and the consequences of posting your UGC. If you choose to post UGC using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You also expressly agree that you will not post any UGC that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
We assume no responsibility for any UGC posted in any Interactive Area. We do not and are not responsible for screening or monitoring UGC posted by you or any other person or entity in Interactive Areas. If notified by one of our Users of any UGC that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the UGC. We reserve the right to remove UGC that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any UGC posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the UGC posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
By posting UGC to Interactive areas, you hereby agree and grant the Company a perpetual, world-wide, non-exclusive, and irrevocable license to use the UGC, royalty-free, for any rights you have in your UGC. The Company does not monitor UGC unless flagged by a User. You agree that the
Company is not responsible or liable for the content of UGC.
13. CHOICE OF LAW AND JURISDICTION
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or you use of the Site shall be governed by and construed in accordance with the laws of the State of Texas, without reference to any conflict of law principles.
14. DISPUTE RESOLUTION/AGREEMENT TO ARBITRATE
In the event a dispute of any kind arises out of, in connection with, or relating to these Terms and Conditions between you and the Company (including any dispute concerning its construction, performance or breach), the parties agree to submit the dispute to arbitration for final resolution. You and the Company agree to attempt to resolve the dispute informally for at least 30 days before proceeding to arbitration. All documents, discovery and other information related to any such dispute, and the attempts to resolve or arbitrate such dispute, will be kept confidential to the fullest extent possible. If a dispute arises, any party to the dispute will give written Notice to each other party. After Notice has been given, the parties in good faith will attempt to negotiate a resolution of the dispute. If, within 45 days after the Notice has been given, a dispute is not resolved through negotiation or mediation, the dispute will be arbitrated and submitted to JAMS/Endispute, and in accordance with the commercial arbitration rules of JAMS/Endispute. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted using the JAMS/Endispute service, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The parties agree to share the cost of Arbitration. The parties further expressly agree that if a dispute arises regarding the applicability of arbitration under this clause, then the issue of whether this dispute is subject to arbitration will also be decided by arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association and not by a court of law. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in the arbitration. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of reasonable attorneys’ fees in any court proceeding relating to this agreement to arbitrate or the enforcement or
collection of any award or judgment rendered under this Agreement.
15. DISCLAIMER OF WARRANTIES
You acknowledge and agree that no warranties of any kind are made with respect to the Site and any other services offered by the Company. Furthermore, you acknowledge that the Information and links provided through the Site are compiled from sources that are beyond the control of the Company. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that the Company
and its licensors do not warrant the accuracy or suitability of the Information.
YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK.FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SITE AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES
(INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN
THE SITE WILL BE CORRECTED.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED
THROUGH THE SITE; AND, THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
THE COMPANY DISCLAIMS ALL LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
UNDER THESE TERMS AND CONDITIONS, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE COMPANY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
THE COMPANY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SITE, AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE QUALITY OF WORK/SERVICES CONTRACTED FOR AND PERFORMED.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND
OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
17. LIMITATION OF CLAIMS
Any action on any claim against the Company must be brought by the user within one (1) year following the date the claim first accrued or shall be deemed waived.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
You agree to defend, indemnify, and hold the Company and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of the Company or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third-party claim is brought, the Company has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If the Company exercises this option, you agree to cooperate with it in asserting any available defenses.
20. COPYRIGHT, PATENT AND TRADEMARK NOTICE
The Site and Information is the valuable, exclusive property of the Company its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without the Company’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. The Company, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of the Company. All other product names and company logos mentioned on the Site or Information are trademarks of their respective owners.
21. PROPRIETARY RIGHTS
The Site and its content are protected by copyright, trademark and other proprietary laws. Any Company logos and/or trademarks that appear on the Site are our property and may not be used without our express written consent. All other trademarks, service marks and logos used in connection with the Site, with or without attribution, are the trademarks, services, or logos of their respective owners and may not be used without
their express written consent.
22. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) you are the person to whom the User Codes you used to access the Site were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete;
(B) if you are accessing the Site on behalf of the company or organization to whom the User Codes you used to access the Site were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms and Conditions on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site;
(E) you will access and use the Site in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms and Conditions;
(F) if we grant you access to the Site and allow you to establish an account in your individual capacity, you are at least eighteen (18) years of age; and
(G) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User Codes to or otherwise using the Site and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm the Company or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of the Company or any third party; and (6) do not violate these Terms and Conditions, or any applicable law, rule or regulation (whether of the United States or other countries).
23. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws in connection with your use of the Site.
When you visit our Site, use the Site, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site, including, without limitation, e-mail, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account or other services that may be necessary to assist you with your use of the Site.
We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding the Site. You understand and agree that the Company does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.
26. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and the
Company. This agreement may not be modified except by the Company.
- SWING MASON, LLC.