TERMS
AND CONDITIONS FOR USE OF THIS SITE
12/01/2006
INTRODUCTION
We
at Caldwell Golf thank you for visiting our site.
Just as in this wonderful game of golf we play...
there are "RULES" we must all adhere
to. By visiting our web site, you agree to the following terms & conditions:
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEB SITE. BY ACCESSING OR USING THIS SITE,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU
ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS,
INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE
THIS SITE.
For
purposes of this agreement, the terms "Caldwell",
"Caldwell Golf", "MalibuWoody",
"CalWoody", "Ceramix", "Tsunami",
"our", "us",
& "we" refer to the Caldwell Golf Co., Inc.
and/or www.CaldwellGolf.com, www.MalibuWoodyGolf.com,
www.CalWoodyGolf.com.
"Guest", "Patron's", "You",
& "Your", refers to you, as a Guest
of this Site. We have developed our privacy policy
from industry guidelines and standards, in accordance
with local, national and international laws. By using
this Site, you are consenting to our collection and
use practices of your personal information as described
below. The following discloses the information gathering
and dissemination practices for this Web site.
THIS
SITE IS INTENDED FOR ADULTS
By
using this site, you acknowledge that you are 18 years
of age or older. Be aware that this site is not intended
or designed to attract anyone under the age of 18.
We do not collect personally identifiable information
from any person we actually know is under the age
of 18.
CHANGES
TO TERMS AND CONDITIONS
WE
RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD,
OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT
ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS
IS NOTED UNDER THE "TERMS AND CONDITIONS"
HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS
PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS
SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS
AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
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RESTRICTIONS
ON USE OF MATERIALS
All
materials, including without limitation, graphics,
images, HTML, codes, multimedia clips, Java codes,
logos, button icons, banners and software, contained
in this site are the copyrighted property of Caldwell Golf Co., Inc.or its affiliated
companies and/or third party licensors.
All
trademarks, service marks, and trade names are proprietary
to Caldwell Golf Co., Inc.or its affiliates and/or third party licensors. Unauthorized
use of the materials will violate intellectual property
rights.
All
rights not expressly granted in these Terms and Conditions
are reserved to Caldwell Golf Co., Inc. or its affiliated companies and/or third
part licensors, whichever is the owner of any specific
material. No other rights or licenses, whether express
or implied, arising from estoppels or otherwise, are
conveyed or intended by these Terms and Conditions.
As such, no material from this site may be copied,
reproduced, republished, uploaded, posted, transmitted,
or distributed in any way.
Caldwell Golf Co., Inc .cannot and
does not guarantee or warrant that any files or information
available for downloading will be free of infection,
viruses, worms, Trojan horses or other code or codes
that may contain contaminating or destructive properties.
You agree to assume the entire cost of all necessary
servicing, repair or correction resulting from any
such downloading. You may not link any other web site
to this web site, nor reference hypertext documents
on this web site from another web site or document including
e-mail.
Nothing contained in this site should be construed
as granting any license or right to use any trademark,
logo, trade name, or design displayed on this site
without the written permission of Caldwell Golf Co., Inc.or the respective owner
of the trade mark.
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LIMITATION
OF LIABILITY; DISCLAIMER
The
use of this site and the Information is at your own
risk.
When
using this site, information will be transmitted over
a medium over which Caldwell Golf Co., Inc.has no control or jurisdiction. Therefore,
Caldwell Golf Co., Inc. do
not assume any liability for or relating to the delay,
failure, interruption or corruption of any information
transmitted in connection with the use of this site.
This
site and the Information given through this site are
provided without charge and are provided on an "As
is" basis. TO THE FULLEST EXTENT PERMITTED BY
LAW, Caldwell Golf Co., Inc .DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Caldwell Golf Co., Inc. does
not warrant that the Information contained on this
web site will be uninterrupted or error free or that
defects will be corrected. Caldwell Golf Co., Inc. makes no warranty as to the
accuracy, reliability, completeness, timeliness, usefulness,
adequacy or suitability of the information, links
or communications provided on or through the use of
this site and does not warrant against human or machine
error, delay, omissions, interruptions or losses,
including loss of any data or the legality of the
site or compliance with respect to laws governing
the products, services or promotions offered on this
site.
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
LICENCEES, SUPPLIERS, OR THOSE PROFESSIONALS WHO HAVE
CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR
WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR
OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THIS SITE OR
THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY
OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH
MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING
THIS SITE.
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USER
SUBMISSIONS
You
agree that you will not make any transmission or submission
to this site that violates any laws or infringes or
violates the rights of any person or entity. By making
communications or submitting information, success
stories, testimonials, and/or photographs (collectively,
"Submissions") to chat rooms, message or
discussion boards or other forums, such as success
stories or testimonials, or in contests or the like,
you agree that such Submission is not confidential
for all purposes and we shall not be liable for any
use or disclosure of any such Submissions by us or
others.
If
you make any such Submission, you automatically grant
(or warrant that the owner of such content has expressly
granted) Caldwell Golf Co., Inc. a royalty-free, perpetual, irrevocable, worldwide
nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute,
perform, and display the Submission (including without
limitation your photograph or likeness) in any media
or medium, or any form, format, or forum now known
or hereafter developed and waive any and all moral
rights in the Submissions. Caldwell Golf Co., Inc. may sublicense its rights through
multiple tiers of sublicenses.
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PUBLIC
AREAS
Please
keep in mind that whenever you give out personal information
online --- for example, via message boards or chat
areas--- that information can be collected and used
by people you don't know. While Caldwell Golf Co., Inc .strives to protect your
personal information and privacy, we cannot guarantee
the security of any information you disclose online;
you make such disclosures at your own risk.
You
agree that if you use any Public Areas, you must not:
-violate
any local, state, national or international
laws;
-defame, abuse, harass or threaten others;
-make any bigoted, hateful or racially offensive
statements;
-advocate illegal activity or discuss illegal
activities with the intent to commit them;
-post or distribute any material that infringes
and/or violates any intellectual property right
of others or the privacy or publicity rights
of others;
-post or distribute any unlawful, vulgar, obscene,
slanderous, hateful, discourteous, derogatory,
or indecent language or images or material that
is embarrassing to any other person or entity;
-advertise or sell to or solicit others;
-use the Public Areas for commercial purposes
of any kind;
-post or distribute any software or other materials
which contain a virus or other harmful component;
-post material or make statements that do not
generally pertain to the designated topic or
theme of any chat room or bulletin board;
-impersonate another person or post or transmit
information anonymously or under a false name;
-collect information about others, including
email addresses, without their consent;
-post chain letters or pyramid schemes;
-allow any other person or entity to use your
account or identification for any purpose whatsoever,
including posting or viewing comments;
-after receiving a warning, continue to disrupt
the normal flow of dialogue in any Public Area;
-post the same note more than once or "spamming";
or
-engage in any other conduct that restricts
or inhibits any other person from using or enjoying
the site, or which in the judgment of Caldwell Golf Co., Inc .exposes
Caldwell Golf Co., Inc. or any of its customers, licensors, or suppliers
to any liability or detriment of any type. |
Caldwell Golf Co., Inc. do not and cannot
review all communications and materials posted or
uploaded to this site and is not responsible for the
content of these communications or materials. However,
we reserve the right (but not the obligation) to monitor
these Public Areas and to refuse to post, remove or
edit content from any of these areas at any time and
for any reason. In addition, we reserve the right
to take any action we think necessary to enforce compliance
with your agreement or to protect the personal safety
of our users or the public, including recording dialogue
in public chat rooms and terminating a user's access
to the Public Areas or the site. Caldwell Golf Co., Inc.
has no liability or responsibility
to user's of this site or any other person or entity
for performance or non-performance of any such activities.
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LINKS
TO OTHER SITES
We
suggest that you exercise discretion while browsing
the Internet using this site. You should be aware
that when you are on this site, you could be directed
to other sites that are beyond our control. There
are links to other sites from Caldwell Golf Co., Inc. pages that take you outside
of our service. For example, if you "click"
on a banner advertisement or a link, the "click"
may take you off this site. This includes links from
advertisers, sponsors, and content partners that may
use our logo(s) as part of a co-branding agreement.
These other sites may send their own cookies to users,
collect data, solicit personal information, or contain
information that you may find inappropriate or offensive.
In addition, advertisers on this site may send cookies
to users that we do not control. Use of third-party
web site's is at your own risk and subject to the terms
and conditions of use for such sites. We make no representations
concerning the content of any such third party sites.
Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality
or decency of material contained in sites linked to
this site.
We
reserve the right to disable links from third party
sites to this site.
JURISDICTIONAL ISSUES
Unless
otherwise specified, the Information is presented
solely for, and any coupons, promotions and programs
are offered only to, residents of the United States
of America, the US Virgin Islands, Puerto Rico and
Guam. In addition, any contests or sweepstakes offered
are offered only to residents of the United States
of America. We make no representation that material
on this site is appropriate or available for use in
any particular location. Those who choose to access
this site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent
local laws are applicable.
ARBITRATION
Disputes
regarding transactions effected on this site shall
be submitted to Caldwell Golf Co., Inc.
GENERAL
PROVISIONS
These
terms and conditions shall be governed by and construed
in accordance with the laws of the State of California,
without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity
relating to the arbitration provision of these Terms
and Conditions shall be filed only in the state or
federal courts located in San Diego County, California
and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating
any such action. If any provision of these terms and
conditions shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.
Caldwell Golf Co., Inc's failure
to insist upon or enforce strict performance of any
provision of this agreement shall not be construed
as a waiver of any provision or right. No waiver of
any of these terms and conditions shall be deemed
a further or continuing waiver of such term or condition
or any other term or condition. This is the entire
agreement between us relating to the subject matter
herein and, except as provided in these Terms and
Conditions with respect to changes to these Terms
and Conditions, shall not be modified except in writing,
signed by both parties.
FORCE
MAJEURE
Delivery
date commitments are contingent on the absence of
strikes, accidents, fires, lack of available materials,
production delays, earthquakes, floods, civil disturbances,
and acts of God.
For
further assistance... go to the "Contact Us"
page.
Thanks
for visiting...
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