HAWGDADDY GOLF, LLC Terms of Use You understand and agree that you are the final authority on any and all “Proofs” submitted for your approval and authorization. Hawgdaddy Golf will not be liable or otherwise responsible for inaccuracies of any kind once your Proof is approved. Please take this responsibility seriously and examine and correct all aspects of design and content. Hawgdaddy Golf websites and other communications contain graphics, photographs, images, layouts, artwork, software tools, unique phrases, and other original, purchased, or licensed information (“Content”). By viewing and/or using our websites and electronic communications, you agree not to retain, copy, distribute, publish, or use any portion of such legally protected Content unless used specifically for purposes of preparing, evaluating, or ordering products or services through Hawgdaddy Golf, or unless otherwise agreed to by Hawgdaddy Golf or an authorized agent thereof. You agree not to use our Content, products, and/or services for purposes which may be deemed unlawful, illicit, offensive, harmful, threatening, pornographic, or otherwise objectionable or unauthorized. You agree not to use or include any copyrighted work, or other intellectual property, of any third party, unless you have obtained the necessary authorizations from the rightful owners. By placing an order or approving a Proof, you warrant that you have all necessary permission and authority to place the order, and you authorize Hawgdaddy Golf to produce the products on your behalf. All artwork created in whole or in part by Hawgdaddy Golf will be considered property of Hawgdaddy Golf, and cannot be used for any purpose unless used specifically for purposes of preparing, evaluating, or ordering products or services through Hawgdaddy Golf, or unless otherwise agreed to by Hawgdaddy Golf or an authorized agent thereof. You agree that the shipping terms for all Hawgdaddy Golf products are FOB shipping point, and risk of loss and title for such items pass to you upon our delivery to the carrier. You agree that you shall indemnify and defend Hawgdaddy Golf, and all parties from whom Hawgdaddy Golf has licensed portions of the Content, and their directors, officers, agents, and employees against all claims, liability, damages, costs and expenses, including reasonable attorney’s fees and expenses arising out of or related to 1) your breach of these Terms of Use or 2) any suit, claim, or demand arising from or relating to any text, photographic, image, graphic or other material you incorporated into products that were not part of the standard site content. DISCLAIMER OF WARRANTY: HAWGDADDY GOLF SITES AND THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITES MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LIMITATION OF LIABILITY: IN NO EVENT SHALL HAWDADDY GOLF OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HAWGDADDY GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM HAWGDADDY GOLF OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL HAWGDADDY GOLF BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT. Any and all issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the patent, copyright, and trademark laws of the United States of America, and the State of Nevada where applicable. Any legal action or proceeding relating to, or arising out of your access to, or use of, Hawgdaddy Golf websites shall be instituted in the State of Nevada. You agree to submit to the jurisdiction of the Nevada courts and agree that such venue is proper in any legal action or proceeding. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. You understand that, under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by us, by any copyright owner, or our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury. Written notification must be submitted to the following:
To be effective, Section 512(c)(2) notification requires the following:
Your use of this website, communications therewith, informational or artistic submissions, or proofs of artwork will be considered agreement by you to abide by this Terms of Use Policy, the Privacy Policy, and any other Policies contained within this website and other electronic communications. The Terms of Use Policy, Privacy Policy, and other Policies are considered to reference each other and to be incorporated herein. |