SCIENTIFIC
GOLFER-STATEMENT OF PRIVACY
At Scientific Golfer, our data collection
and privacy policies are designed to provide a high
level of protection for your personal information and
data, while assisting us in providing you the highest
possible level of service and support.
Scientific Golfer. does not disclose,
sell, or otherwise provide access to third parties,
any information obtained from its customers, including
personal information, queries and reports.
Gathering information on you and your
needs is an important factor in the quality of services
and applications we are able to offer. To access Scientific
Golfer.’s online products, you will be asked to
register with Scientific Golfer and provide us with
personal information about yourself and/or your company,
such as name, postal address, e-mail address, or other
data by which you may be personally identified or contacted.
We store this information and use it, from time to time,
to improve our applications and the services we offer
to customers, and to contact you about our products,
services, or activities. In addition, we aggregate personal
information into demographic data to enable us to provide
our customers with the most relevant and valuable services.
Each time you access the applications after your initial
registration, you will be asked to submit your user
name and password for authentication. Scientific Golfer.
uses encryption technology to protect all data.
POLICY SUBJECT TO CHANGE
This policy is subject to change from
time to time.
Trademarks of Scientific Golfer include,
but are not limited to, “Scientific GolferTM,”
“PocketCaddyTM”, abd “MiniStimpTM”
Copyright © 2005 Scientific Golfer.
All rights reserved.
TERMS AND CONDITIONS
SCIENTIFIC GOLFER
END USER APPLICATIONS ACCESS AND LICENSE AGREEMENT
Scientific Golfer is providing access
to various copyrighted images on it website and through
other marketing literature and through it’s books
and other publications sold through various retail operations.
Use of any of these assets (either available at a cost
or no cost) are under the protection of the copyright
laws of the United States. This agreement pertains to
you (“End User”) or your employer (hereinafter
“Customer”). By using any of the materials
produced by Scientific Golfer , you are agreeing to
not reproduce either in hardcopy form or visual images
any of the content provided.
Grant.
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SCIENTIFIC GOLFER hereby grants, subject
to the terms and conditions of this Agreement and any
controlling Master Subscription Agreement, and End User
hereby accepts a non-transferable, non-exclusive limited
license to Access and use the material Stricly for the
End User’s personal use. If the purchased product
or free/purchase materials are to be used for business
use, you are to contact Scientific Golfer to discuss
further.
End User shall not: (i) modify, copy
(except for back-up purposes), reverse-engineer, disassemble,
de-compile or otherwise translate the material, or create
derivative works based upon all or part of the product;
(ii) sublicense, sell, assign, lease, market, convey,
transfer, encumber, or otherwise suffer to exist any
lien or security interest (other than those in favor
of SCIENTIFIC GOLFER) on, or (iii) permit any third
parties to copy, reproduce, disclose in whole or in
part, use, exploit or otherwise access the Application
or the Documentation. End User shall not in any manner
impersonate anyone else or misrepresent the true identity
of the End User, or access any information other than
End User’s own Customer Data. End User agrees
to comply with the Acceptable Use Policy which is an
attachment to the Master Subscription Agreement and
also may be found at www.goldfire.com. End User agrees
to immediately notify SCIENTIFIC GOLFER of any unauthorized
use of End User’s username or password, or any
breach of security that it may become aware of, but
in no event shall SCIENTIFIC GOLFER be responsible for
any actions, inactions, or activities carried out using
End User’s account or passwords.
Term and Termination.
--------------------
This Agreement commences on the Effective
Date and shall continue for so long as provided.. This
Agreement may be immediately terminated by SCIENTIFIC
GOLFER: (a) if the Customer defaults in the timely payment
of any monies due SCIENTIFIC GOLFER under this Agreement
or any controlling Subscription Agreement; or (b) in
the event of a material breach by Customer or End User
of any provision of this Agreement or any controlling
Subscription Agreement where Customer or End User fails
to correct such breach within 30 days of written notice;
or (c) this Agreement may be terminated by mutual consent
of the Customer and SCIENTIFIC GOLFER.
.
Disclaimer of Warranties.
------------------------
THE APPLICATION, ACCESS TO THE APPLICATIONS,
SCIENTIFIC GOLFER SERVICES, RESULTS OBTAINED USING THE
APPLICATIONS OR SERVICES, AND STORAGE, IF ANY, ARE PROVIDED
“AS IS.”. SCIENTIFIC GOLFER MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION,
ACCESS TO THE APPLICATIONS, SCIENTIFIC GOLFER SERVICES,
RESULTS OBTAINED USING THE APPLICATIONS OR SERVICES,
AND STORAGE, IF ANY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR
NON-INFRINGEMENT. SCIENTIFIC GOLFER MAKES NO WARRANTY
THAT THE OPERATION OF THE APPLICATION, ACCESS TO THE
APPLICATIONS, SCIENTIFIC GOLFER SERVICES, RESULTS OBTAINED
USING THE APPLICATIONS OR SERVICES, AND STORAGE WILL
BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES
OR ANY OTHER MALICIOUS CODE, ERROR FREE, OR THAT IT
WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER
PRODUCT. SCIENTIFIC GOLFER FURTHER DISCLAIMS ANY WARRANTY
THAT THE INFORMATION OBTAINED THROUGH USE OF THE APPLICATION
OR SERVICES IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED
THROUGH THE USE OF THE APPLICATION OR SERVICES WILL
MEET YOUR NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH
USE OF THE APPLICATION OR SERVICES AND RELIANCE UPON
SUCH INFORMATION OR SERVICES WILL BE AT YOUR OWN RISK.
Limitation of Liability.
-----------------------
SCIENTIFIC GOLFER’S AGGREGATE LIABILITY
UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION SHALL
BE LIMITED TO AND NOT EXCEED THE PURCHASE PRICE FOR
THE PRODUCTS PAID BY CUSTOMER IN THE YEAR THE LIABILITY
AROSE REGARDLESS OF WHETHER SCIENTIFIC GOLFER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY REMEDY
SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
SCIENTIFIC GOLFER SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT
OF SUBSTITUTES, LOSS OF PROFITS, LOSS OF CUSTOMER DATA
OR OTHER INFORMATION, INABILITY TO ACCESS THE APPLICATIONS,
INTERRUPTION OF BUSINESS, OR FOR ANY OTHER SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED,
WHETHER, WITHOUT LIMITATION, FOR BREACH OF WARRANTY,
CONTRACT, TORT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE. CUSTOMER AND END USER ACKNOWLEDGE THAT
THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. IN
NO EVENT SHALL SCIENTIFIC GOLFER’S LIABILITY EXCEED
THE PRICE PAID BY CUSTOMER IN THE YEAR THE LIABILITY
AROSE FOR THE APPLICATION. CUSTOMER AND END USER AGREE
THEY WILL TAKE NO LEGAL ACTION AGAINST SCIENTIFIC GOLFER’S
THIRD PARTY SOFTWARE, CONTENT AND CO_LOCATION PARTNERS
OR SUPPLIERS.
Protection of Licensed Materials.
--------------------------------
The content retrieved from the internet
or other databases via the use of the Applications may
be provided by third parties. SCIENTIFIC GOLFER is not
responsible for the content of any such third-party
content or data, nor is SCIENTIFIC GOLFER responsible
for the completeness or accuracy of any such content
or data. Elements of third party content may be protected
by copyright, trademarks or other forms of intellectual
property. Customer agrees to abide by any third party’s
intellectual property rights, limitations on access
to, and the use and reproduction of such third party
content or data.
SCIENTIFIC GOLFER and its licensors and
content partners retain all ownership and proprietary
rights, including intellectual property rights, to the
Application and Documentation and to all partial or
complete copies of the Applications permitted to be
made hereunder . End User may not make any claim or
representation of ownership, or act as the owner, of
the Application. End User may not remove or modify any
copyright, trademark or other markings of any notice
of SCIENTIFIC GOLFER’s proprietary rights.
Export.
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The export of the Product is permitted by the End User.
The End User warrants that End User shall comply with
all applicable U.S. laws regarding export and all other
necessary approval and licensing requirements of the
U.S. Dept. of Commerce and other agencies or departments
of the U.S. Government.
Notice.
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Any notice provided for or permitted under this Agreement
shall be deemed to have been given immediately if made
by telecopy or electronic mail (confirmed by concurrent
written notice sent first class U.S. mail, postage prepaid),
if to End User or Customer at the address set forth
in the Subscription Agreement and to SCIENTIFIC GOLFER
at
Scientific Golfer
1971 North Nowak Ave
Thousand Oaks, California 91360
Email: johngriffioth@scientificgolfer.com
Attention: Legal Dept.
Governing Law.
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This Agreement will be governed by and construed under
the laws of the California, U.S.A., without regard to
its conflicts of law principles and, to the extent applicable,
the federal laws of the United States. End User hereby
submits to and agrees that the sole jurisdiction and
venue for actions related to the subject matter hereof
shall be the Commonwealth of Massachusetts and U.S.
federal courts having within their jurisdiction the
location of SCIENTIFIC GOLFER’s principal place
of business. Both parties hereby agree to waive the
right to a jury trial. In any action or proceeding to
enforce rights under this Agreement, the prevailing
party shall be entitled to recover costs and attorneys’
fees.
Interpretation.
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This Agreement is the complete and exclusive agreement
between the purchaser and Scientific Golfer with respect
to the Agreement's subject matter. In the event of a
conflict between this Agreement and any controlling
Subscription Agreement, the Subscription Agreement shall
supersede the terms of this Agreement. This Agreement
may be modified from time to time by SCIENTIFIC GOLFER
upon notice to the End User. Your continued use of the
product will signify your acceptance of any modifications.
Any waiver by either party of any condition, part, term,
or provision of this Agreement shall not be construed
as a waiver of any other condition, part, term, or provision
or a waiver of any future event or circumstance. If
any provision of this Agreement is held invalid or unenforceable,
the remainder of the Agreement shall continue in full
force and effect.
Equitable Relief.
----------------
The End User recognizes that money damages are not an
adequate remedy for any breach or threatened breach
of any obligation hereunder by the End User involving
SCIENTIFIC GOLFER's intellectual property, or End User’s
use of the product is a violation of this Agreement.
End User therefore agrees that in addition to any other
remedies available hereunder, by law or otherwise, SCIENTIFIC
GOLFER shall be entitled to an injunction or other appropriate
equitable relief against any such continued breach by
the End User of such obligations.
“I ACCEPT”
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