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 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

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Copyright © 2009 ModelGolf, LLC. All rights rseserved.