KIT Terms of Service
ACCESSING AND USING OUR SERVICES
You may only use our Services for lawful purposes. You agree to follow any policies made available to you while using any Full Swing Golf, Inc. Services. You must be at least 13 years of age to use our mobile application.
You may not use our Services: (1) in any way that breaches any applicable law or regulation; (2) in any way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect; (3) for the purpose of harming or attempting to harm any individual in any way; (4) to send, receive, upload, download, use or re-use any material which does not comply with these Terms or any applicable Services terms; (5) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (6) to create liability for us in any way; (7) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (8) to interfere with, damage or disrupt any part of Full Swing Golf, Inc. website or Services, including any equipment, software, or network; and (9) to reproduce, manipulate, forge, impersonate or represent that you own or are affiliated with this website or Full Swing Golf, Inc. Services.
We reserve the right to amend the information or withdraw the Services we provide without notice. We will not be liable if for any reason our Services are unavailable at any time for any period. You are responsible for making all arrangements necessary for you to have access to our website, mobile application and associated Services.
Our Services may display some content that is not Full Swing Golf, Inc. and may contain links to third-party websites or services that are not controlled by FULL SWING GOLF, INC. Any third-party content, links or services are the sole responsibility of the entity that makes it available. FULL SWING GOLF, INC. does not make any warranties or representations for third-party material and accepts no responsibility for any loss or damage that may arise from using third-party content, links or services. If you decide to access any third-party material, you do this entirely at your own risk. Although we may review content and we may remove or refuse to display content that we reasonably believe violates our policies or the law, we do not certify that all content has been reviewed.
When you access our Services through your mobile device, you acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply. You accept responsibility for charges from your Mobile Provider for data services while using certain features of our Services or any such third-party charges that may arise. If you are not the bill payer for the device being used to access our Services, you will be assumed to have received permission from the bill payer for using our Services.
TERMINATION OR SUSPENSION OF SERVICES
FULL SWING GOLF, INC. may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, if you do not comply with these Terms or any terms or policies connected to the Services. If appropriate, we may report any breach of these Terms to relevant law enforcement authorities.
All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ACCOUNTS AND PASSWORDS
At times, we may require you to have a password and provide registration details to access our Services. If we do require a password and registration details, the details you provide must be correct, current, and complete. You are responsible for maintaining the confidentiality of any password(s) you are given to access Services, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the right not to issue a password to any person or entity.
You may never use another user’s account without permission. FULL SWING GOLF, INC. will not be liable for any losses caused by any unauthorized use of your account.
PRIVACY AND COOKIES
INTELLECTUAL PROPERTY RIGHTS – FULL SWING GOLF, INC. OWNERSHIP
Using our Services does not give you any ownership or legal rights to any of our intellectual property or Content you access. You may not use Content unless you obtain permission or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
INTELLECTUAL PROPERTY RIGHTS – USER CONTENT
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. For copyright inquiries under the Digital Millennium Copyright Act, please contact Full Swing Golf, Inc. Copyright Agent at: Attn: Copyright Agent, Legal Department, Full Swing Golf, Inc, 1905 Aston Ave, Carlsbad, CA 92008 or firstname.lastname@example.org.
THESE SERVICES, THEIR CONTENT, AND THEIR LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FULL SWING GOLF, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THESE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS ON LIABILITY AND REMEDIES
FULL SWING GOLF, INC. ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FULL SWING GOLF, INC. (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. FULL SWING GOLF, INC. AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THESE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH FULL SWING GOLF, INC.. THESE EXCLUSIONS FOR INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FULL SWING GOLF, INC. HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FULL SWING GOLF, INC. AND ITS VENDORS’ LIABILITY IN SUCH STATES OR JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FULL SWING GOLF, INC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THESE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF FULL SWING GOLF, INC. WILL BE LIMITED TO, IN THE SOLE DISCRETION OF FULL SWING GOLF, INC., EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF THE AMOUNT YOU PAID US TO USE THESE SERVICES.
You agree to defend, indemnify and hold harmless FULL SWING GOLF, INC. and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms, including attorney’s fees, arising from or related to the use of the Services or violation of these Terms, online conduct, or dealings or transactions with other persons resulting from use of FULL SWING GOLF, INC. Services.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify FULL SWING GOLF, INC. and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
MODIFICATIONS OF TERMS OR SERVICES
We may modify these Terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
We may update our Services regularly and may change the substance at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
ABOUT THESE TERMS
If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
These Terms control the relationship between FULL SWING GOLF, INC. and you. They do not create any third-party beneficiary rights.
If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
These Terms shall be governed by, and will be constructed under, the laws of the United States of America and the law of the State of California, without regard to its conflict of laws principles, with respect to your use of our Services and will apply to any disputes arising out of or relating to these Terms or the Services. You agree to exclusive litigation in San Diego, California, USA.
For information about how to contact FULL SWING GOLF, INC., please visit our contact page.