ACCEPTANCE OF TERMS
Batterygolf.com ("Battery Golf Buggies") makes this
Web site (the "Site"), including all information, documents, communications,
files, text, graphics, software, and products available through the Site
(collectively, the "Materials") and all services operated by Battery Golf
Buggies and third parties through the Site (collectively, the "Services"),
available for your use subject to the terms and conditions set forth in
this document and any changes to this document that Battery Golf Buggies
may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including,
without limitation, use of any of the Services, downloading of any Materials,
or merely browsing the Site, you agree to and are bound by the Terms of
Use. Battery Golf Buggies reserves the right to change the Terms of Use and other
guidelines or rules posted on the Site from time to time at its sole discretion,
and will provide notice of material changes on the home page of the Site.
Your continued use of the Site, or any Materials
or Services accessible through it, after such notice has been posted constitutes
your acceptance of the changes. Your use of the Site will be subject to
the most current version of the Terms of Use, rules and guidelines posted
on the Site at the time of such use.
You should periodically check the "Terms of Use"
link on the Site's home page to view the then current terms. If you breach
any of the Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well
as their selection and arrangement, are protected by copyright, trademark,
patent, and/or other intellectual property laws, and any unauthorized
use of the Materials or Services at this Site may violate such laws and
the Terms of Use.
Except as expressly provided herein, Battery Golf Buggies and
its suppliers do not grant any express or implied rights to use the Materials
and Services. You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license, sublicense,
reverse engineer, or create derivative works based on the Site, its Materials,
or its Services or their selection and arrangement, except as expressly
authorized herein.
In addition, you agree not to use any data mining,
robots, or similar data gathering and extraction methods in connection
with the Site. Use of Services. When using Services on this Site that
are offered by Battery Golf Buggies, you shall be subject to any posted guidelines,
rules, or licenses applicable to such Services and to the Terms of Use.
Such guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.
In addition to the Materials and Services offered
by Battery Golf Buggies, this Site also makes available materials, information, and
services provided by third parties (collectively, the "Third Party Services").
The Third Party Services are governed by separate license agreements that
accompany such services. Battery Golf Buggies offers no guarantees and assumes no
responsibility or liability of any type with respect to the Third Party
Services, including any liability resulting from incompatibility between
the Third Party Services and the Materials and Services offered by Battery Golf Buggies. You agree that you will not hold Battery Golf Buggies responsible or liable
with respect to the Third Party Services or seek to do so. Use of Software.
The software and accompanying documentation that
is made available to download from this Site is the copyrighted and/or
patented work of Battery Golf Buggies and/or its suppliers. Use of the software is
governed by the terms of the license agreement that accompanies or is
included with such software. You will not be able to download or install
any software that is accompanied by or includes a license agreement unless
you agree to the terms of such license agreement. If you do not agree
to such terms, you will not be able to use the software. Absent a license
agreement that accompanies the software, use of the software will be governed
by the Terms of Use.
You agree that you will not decompile, reverse engineer,
or otherwise attempt to discover the source code of the software available
on the Site. Use of Battery Golf Buggies Content and User Content. Except as indicated
to the contrary elsewhere on this Site, you may view, download, and print
the Battery Golf Buggies Content and User Content available on this Site subject
to the following conditions:
1. The Battery Golf Buggies Content and User Content may be
used solely for personal, informational, and internal purposes.
2. The Battery Golf Buggies Content and User Content may not be modified or altered
in any way.
3. The Battery Golf Buggies Content and User Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained
in the Battery Golf Buggies Content and User Content.
5. Battery Golf Buggies reserves the right to revoke the authorization to view, download,
and print the Battery Golf Buggies Content and User Content available on this Site
at any time, and any such use shall be discontinued immediately upon notice
from Battery Golf Buggies.
6. The rights granted to you constitute a license and not a transfer of
title.
IMPORTANT EXCEPTIONS:
Various sections of the Site, may from time to time
showcase the work of creative professionals. Such works belong to their
creators, may be protected by copyright or other proprietary laws, and
are for display purposes only. Accordingly, you may not download or print
these works unless there is a notice associated with the work expressly
permitting such uses. The rights specified above to view, download, and
print the Battery Golf Buggies Content and User Content available on this Site are
not applicable to the design or layout of this Site. Elements of this
Site are protected by trade dress and other laws and may not be copied
or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks")
displayed on this Site are the property of Battery Golf Buggies or other third parties.
You are not permitted to use the Marks without the prior written consent
of Battery Golf Buggies or such third party that may own the Marks.
PROHIBITED COMMUNICATIONS
You may submit only User Content or Design Content
to the Site that is (a) owned by you, (b) submitted with the express permission
of the owner or within the scope of the license to such content, or (c)
in the public domain. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that
would violate any law or the rights of others, including, without limitation,
laws against copyright infringement, and rights of privacy and publicity.
Violation of these restrictions may result in denial of or limitations
on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials
available through it, you agree: not to disrupt or interfere with any
other user's enjoyment of the Site or affiliated or linked sites; not
to upload, post, or otherwise transmit through the Site any viruses or
other harmful, disruptive, or destructive files; not to create a false
identity; not to use or attempt to use another's account, password, service,
or system without authorization from Battery Golf Buggies; not to access or attempt
to access any Content which you are not authorized to access; not to disrupt
or interfere with the security of, or otherwise cause harm to, the Site,
or any Services, Materials, system resources, accounts, passwords, servers,
or networks connected to or accessible through the Site or any affiliated
or linked sites.
WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Battery Golf Buggies OR YOU AND
A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS
SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, Battery Golf Buggies MAKES NO WARRANTY THAT
(i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS.
Battery Golf Buggies MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND Battery Golf Buggies MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT
(i) Battery Golf Buggies DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS
AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE;
(ii) Battery Golf Buggies MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT
ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN
RISK; AND
(iv) Battery Golf Buggies SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS
FROM SUCH ACTIVITIES. Battery Golf Buggies ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER
FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED
THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Battery Golf Buggies OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (30) DAYS. PERSONAL INFORMATION AND PRIVACY
To learn about how Battery Golf Buggies protects your personal
information, such as your name and address, refer to the Battery Golf Buggies Online
Privacy Policy. Except as set forth in the Privacy Policy or in the Terms
of Use, your personal information will be deemed to be confidential. With
the exception of certain types of Content, any non-personal information
or material sent to Battery Golf Buggies will generally be deemed to NOT be confidential.
You understand and agree that we may disclose information about you if
we have a good faith belief that we are required to do so by law or legal
process, to respond to claims, or to protect the rights, property, or
safety of Battery Golf Buggies or others, or as stated in our Privacy Policy. Please
be aware that your browser may be required to accept cookies in order
for you to use certain services.
LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL Battery Golf Buggies, ITS SUBSIDIARIES, AFFILIATES,
AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT Battery Golf Buggies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS,
THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS
SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS
OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE
THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED
TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTIFICATION
OF COPYRIGHT INFRINGEMENT
Battery Golf Buggies will, in appropriate circumstances, terminate
the accounts of users who infringe the intellectual property rights of
others.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Battery Golf Buggies, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content
you submit, post to, or transmit through the Site (including, without
limitation, any Content or computer viruses), your use of the Site, your
connection to the Site, your violation of the Terms of Use, or your violation
of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled
by Battery Golf Buggies from its offices within the state of NSW, Australia. By accessing
this Site, you and Battery Golf Buggies agree that all matters relating to your access
to, or use of, this Site shall be governed by the statutes and laws of
the State of New South Wales, without regard to the conflicts of laws
principles thereof. You and Battery Golf Buggies also agree and hereby submit to
the exclusive personal jurisdiction and venue of the State of NSW, Australia
with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms
of Use and all related documents have been drawn up in English. C'est
la volonté expresse des parties que la présente convention ainsi que les
documents qui s'y rattachent soient rédigés en anglais.
GENERAL
The Terms of Use and the other rules, guidelines,
licenses and disclaimers posted on the Site constitute the entire agreement
between Battery Golf Buggies and you with respect to your use of the Site. If for
any reason a court of competent jurisdiction finds any provision of the
Terms of Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected by that provision, and the remainder
of the Terms of Use shall continue in full force and effect. Any failure
by Battery Golf Buggies to enforce or exercise any provision of the Terms of Use
or related right shall not constitute a waiver of that right or provision.
The section titles used in the Terms of Use are purely for convenience
and carry with them no legal or contractual effect.
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