|
|
|
|
|
|
|
|
| |
| TERMS OF SERVICE |
| Range Revolution, Inc.
("Range Revolution") provides its services to you subject to the following
conditions. Before you may use the Range Revolution '72' (the "RR72") or the
services of the Range Revolution website, you must read and accept all of the
terms and conditions in this Terms of Service ("Terms of Service"). Your use of
the RR72 and this website are also subject to the
Range Revolution Privacy Policy
. If this Terms of Service conflicts with the Privacy Policy, the Terms of
Service will control. If you do not agree to be bound by these Terms of Service
and the Privacy Policy, you may not use the RR72 or the Range Revolution
website in any way.
|
| |
1. Services Not Guaranteed To Improve Your Game. The
services provided by Range Revolution using the RR72 and the website are
designed for your enjoyment. RANGE REVOLUTION MAKES NO WARRANTY WHATSOEVER
REGARDING THE IMPACT OF THE WEBSITE(S) AND THE RR72 ON YOUR ABILITY TO PLAY
GOLF. Golf is a physical activity. You are responsible for determining whether
you are in appropriate physical condition to participate. If you are in doubt,
consult your physician. RANGE REVOLUTION TAKES NO RESPONSIBILITY FOR ANY
INJURIES YOU MAY SUFFER PARTICIPATING IN THIS ACTIVITY.
|
| |
|
2. Description of Services. The Range Revolution
website provides a venue where you may utilize services involving the RR72. The
website(s) provides different services for golfers, range owners, teaching
pros, and golf school operators. The website aggregates statistics based on a
user's performance on the RR72, and calculates a rating based upon this
performance. The website allows a user to compare performances of golfers with
similar characteristics, and allows users to track their performance.
|
| |
|
3. Limitation on Use. The RR72 and the Range Revolution
website(s) are intended for use by users over the age of 13. Use of the RR72
and the Range Revolution website(s) by children under 13 is not authorized.
|
| |
|
4. License and Website Access. Range Revolution grants
you a limited license to access and make personal use of the Range Revolution
website(s). To clarify, this license does not include any downloading or
copying of account information for the benefit of any third party; linking to
any internal or subsidiary pages of the website(s) located one or several
levels down from the main page ("deep linking"); any action that imposes or may
impose (in Range Revolution's sole discretion) an unreasonable or
disproportionately large load on Range Revolution's infrastructure; or any use
of data mining, robots, screen scrapes or similar data gathering and extraction
tools. You may not bypass any measures used by Range Revolution to prevent or
restrict access to the website(s). Any unauthorized use by you shall terminate
the permission or license granted to you by Range Revolution.
|
| |
|
5. Your Account. If you use the website(s), you are
responsible for maintaining the confidentiality of your account and password,
and for restricting access to your computer. You agree to accept responsibility
for all activities that occur under your account or password. You agree to exit
from your account at the end of each session. You agree to notify Range
Revolution immediately of any unauthorized use of your account or any other
breach of security. Range Revolution reserves the right to refuse service,
terminate accounts, or remove or edit content, in its sole discretion.
|
| |
|
6. Disclaimer of Warranty. RANGE REVOLUTION MAKES NO
WARRANTIES WITH RESPECT TO THE RR72 OR ANY PRODUCTS OR SERVICES OFFERED ON THE
WEBSITE(S). AS BETWEEN YOU AND RANGE REVOLUTION, ALL PRODUCTS AND SERVICES ON
THE WEBSITE(S) ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER
PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL RANGE REVOLUTION BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR USE OF THE RR72 OR YOUR RELIANCE ON INFORMATION
OBTAINED THROUGH THE WEBSITE(S), OR YOUR RELIANCE ON ANY SERVICE OBTAINED
THROUGH THE WEBSITE(S). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON
THE WEBSITE(S). PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING YOUR ABILITY TO USE THE RR72, THE EVALUATION OF ANY SPECIFIC OPINION,
ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
|
| |
|
7. Indemnity. You agree to indemnify and hold Range
Revolution (and its officers, directors, agents, subsidiaries, joint ventures,
and employees) harmless from any claim or demand, including reasonable
attorneys' fees, arising out of or related to your breach of this Terms of
Service, or your violation of any law or the rights of a third party.
|
| |
|
8. Electronic Communication. When you visit the
website(s) or send e-mails to Range Revolution, you are communicating with
Range Revolution electronically. You consent to receive communications from
Range Revolution electronically. Range Revolution may communicate with you by
e-mail. You agree that all agreements, notices, disclosures and other
communications that Range Revolution provides to you electronically satisfy any
legal requirement that such communications be in writing.
|
| |
|
9. Website Policy Modification. Range Revolution
reserves the right to make changes to the website(s), related policies and
agreements, and this Terms of Service at any time. If Range Revolution modifies
this Terms of Service, we will notify you by displaying a prominent
announcement above the text of this Terms of Service for thirty (30) days. In
addition, Range Revolution may send an email to the address associated with
your account. However, the notice on the Range Revolution website(s) will be
deemed sufficient notification of such changes regardless of whether you
received an email notifying you of such changes. We recommend that you check
these Terms of Service regularly. If you choose to continue using the
website(s) after such a notice of change has been posted on the website(s), you
agree that by doing you will be deemed to accept the new Terms of Service.
|
| |
|
10. Trademarks. All trademarks appearing on the
website(s) or the RR72 are the property of their respective owners, including,
without limitation:
|
| |
|
11. Survival of Terms After Agreement Ends. Notwithstanding
any other provisions of this Terms of Service, or any general legal principles
to the contrary, any provision of this Terms of Service that imposes or
contemplates continuing obligations on a party will survive the expiration or
termination of this Terms of Service.
|
| |
|
12. Choice of Law; Jurisdiction. This Terms of Service
will be governed by and construed in accordance with the laws of the
Commonwealth of Florida, without giving effect to its conflict of laws
provisions or your actual state or country of residence[and also excluding
any provision of the Uniform Computer Information Transactions Act ("UCITA") as
enacted in the State of Florida]. Any claims, legal proceeding or litigation
arising in connection with the Terms of Service will be brought solely in the
Commonwealth of Florida, and you consent to the jurisdiction of such courts.
|
| |
|
13. General. If any of these conditions are deemed
invalid, void, or for any reason unenforceable, the parties agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the unenforceable condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
Headings are for reference purposes only and do not limit the scope or extent
of such section. We may assign this Terms of Service at any time without notice
to you. You may not assign this Terms of Service to anyone. The failure of
Range Revolution to act with respect to a breach by you or others does not
waive its right to act with respect to subsequent or similar breaches. Range
Revolution does not guarantee it will take action against all breaches of this
Terms of Service. Except as otherwise expressly provided in this Terms of
Service, there shall be no third-party beneficiaries to this Terms of Service.
This Terms of Service, together with the Range Revolution Privacy Policy,
constitutes the entire agreement between you and Range Revolution and governs
your use of the website(s), superseding any prior agreements between you and
Range Revolution with respect to the website(s).
|
|
|
|
|
| |
|
|