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TERMS AND CONDITIONS ("the Terms of Use")
You should carefully read the Terms of Use before using
Our Site. By using Our Site or indicating your agreement by
clicking the Accept button putting a check in the Accept
box, you agree to be bound by the Terms of Use. This is a
legally binding agreement. If you do not agree with the
Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in
accordance with the Terms of Use.
2. You agree to use Our Site in a manner consistent with
any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as
available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE
ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED
AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US
BY THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF
YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the
material on our Site on one computer for your personal,
non-commercial use only but you may not in so doing remove
or amend any trademark, copyright or other proprietary
notice.
8. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the material on our
Site without our prior consent in writing. No intellectual
property or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as "chat
rooms" or "bulletin boards") provide users an opportunity to
post and exchange information, ideas and opinions ("Postings"),
BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS
PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do
not necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all responsibility
and liability for the Postings or for any losses or expenses
resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS,
WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF
WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS
CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES
OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE
WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR
ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS
CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all materials posted
on this bulletin board (“Postings”) and to remove any which
we consider in our absolute discretion to be offensive or
otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have all
necessary rights in and to all Postings you provide and all
material they contain and that such Postings shall not
infringe any proprietary or other rights of third parties.
13. Where we provide hypertext links to other sites we do
so for information purposes only, and such links are not
endorsements by us of any products or services in such sites
and we accept no liability nor make any endorsement or
approval of the same.
14. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained herein
shall bind either of us.
15. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity of any
remaining portion and such remaining portion shall remain in
full force and effect as if the invalid portion of the Terms
of Use had been eliminated.
16. This Agreement is governed by the laws of the State
of Zug, without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate Golf-Swing.de and/or its affiliates'
intellectual property rights, Golf-Swing.de and/or its
affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of Zug, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Zug. Any
costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following
location: Zug, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to
do so.
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