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LEGAL NOTICE: Website Terms and Conditions of Use
This web site ("Website") is provided by Cranman Golf Products, LLC
("CGP") for use by its customers, potential customers, and employees.
This agreement ("Agreement") states the Terms and Conditions under
which you may use this Website. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, do not use this Website. CGP may
revise these Terms and Conditions at any time by updating this posting. You
should visit this page periodically to review these Terms and Conditions, because
they are binding on you. If you violate any of these Terms, your permission
to use the Materials (as defined below) automatically terminates and you must
immediately destroy any copies you have made of the Materials.
Section 1. Use of Materials.
CGP authorizes you to view, copy, and reproduce any of the Materials on this
Website ("Website") provided that you agree to and abide by the terms
and conditions contained herein and in any separate agreement you enter into
with CGP. Please note that special rules, including applicable licensing terms
may apply to the use of certain licensed software and other items that may be
provided on the Website. You should read such licensing terms as they are binding
on you by virtue of your use of any such licensed software and other items.
The contents of this Website, such as text, graphics, images, software, and
other content ("Materials"), are protected by copyright under both
United States and foreign laws. Unauthorized use of the Materials may violate
copyright, trademark, and other laws. You must retain all copyright and other
proprietary notices contained in the original Materials on any copy you make
of the Materials. You may not sell or modify the Materials or reproduce, display,
publicly perform, distribute, or otherwise use the Materials in any way for
any public or commercial purpose. The use of the Materials on any other web
site or in a networked computer environment for any purpose is prohibited. Nothing
on this Website or any website of CGP or its affiliates shall be construed as
conferring any license under any of CGP's, its affiliate's or any third party's
intellectual property rights, whether by estoppel, implication, or otherwise.
CGP prohibits the use of any CGP trademark, or any related graphic, as a "hot"
link to any website unless approved by CGP.
The following is a partial list of trademarks or registered trademarks owned
by, or under the control of, CGP or its affiliates. All other products and services
mentioned are identified by the trademarks or service marks of their respective
companies or organizations. Additional marks may be added to this list from
time to time at CGP's discretion.
· MarkMender™
· For the Good of the Greens™
Section 2. CGP's Liability.
The Materials may contain inaccuracies or typographical errors. CGP makes no
representations about the accuracy, reliability, completeness, or timeliness
of the Materials or about the results to be obtained from using this Website
or the Materials. The use of the Website and the Materials is at your own risk.
Changes are periodically made to the Website and may be made at any time.
CGP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.
IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, CGP IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. CGP AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
CGP AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM
LIABILITY OF CGP IS LIMITED, IN CGP'S SOLE DISCRETION, TO EITHER (i) REPAIR
OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED
MATERIALS OR PART THEREOF; OR (iii) REFUND TO YOU OF THE MATERIALS LICENSE FEES
OR PURCHASE PRICE, IF ANY, LESS A REASONABLE FEE FOR YOUR USE OF SUCH MATERIALS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL CGP, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEBSITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CGP IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Website is considered to
be non-confidential. If particular Web pages permit the submission of communications
which will be treated by CGP as confidential, that fact will be stated in the
"Legal Notices" on those pages. By posting communications to the Website,
you automatically grant CGP and its affiliates a royalty-free, perpetual, irrevocable
non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other works in any
form, media, or technology, whether now known or hereafter developed, and to
sublicense such rights through multiple tiers of sublicensees.
As a user, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post sexually-explicit images; post advertisements
or solicitations of business; post chain letters or pyramid schemes; or impersonate
another person. CGP does not represent or guarantee the truthfulness, accuracy,
or reliability of any of communications posted by other users or endorse any
opinions expressed by users. You acknowledge that any reliance on Materials
posted by other users will be at your own risk.
CGP does not screen communications in advance and is not responsible for screening
or monitoring Materials posted by users. If notified by a user of communications
which allegedly do not conform to this Agreement, CGP may investigate the allegation
and determine in good faith and its sole discretion whether to remove or request
the removal of the communication. CGP has no liability or responsibility to
users for performance or non-performance of such activities. CGP reserves the
right to expel users and prevent their further access to the Website for violating
this Agreement or the law and the right to remove communications which are abusive,
illegal, or disruptive.
Section 5. Links to Other Sites.
The Website may contain links to third party websites. These links are provided
solely as a convenience to you and not as an endorsement by CGP of the contents
on such third-party websites. CGP is not responsible for the content of linked
third-party websites and does not make any representations regarding the content
or accuracy of materials on such third party websites. If you decide to access
linked third-party websites, you do so at your own risk.
Section 6. Indemnity.
You agree to defend, indemnify, and hold harmless CGP, its officers, directors,
employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Materials (including software) or your breach of the terms
of this Agreement. CGP shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
Section 7. User Information.
CGP may use the information it obtains relating to you, including your IP address,
name, mailing address, email address, and use of the Website, for its internal
business and marketing purposes and may disclose the information to third parties
for such purposes, subject to the terms and conditions of its privacy statement
[link].
Section 8. General.
This Website was created, and is maintained, in Marietta, Georgia. CGP makes
no claims that the Materials are appropriate or may be downloaded outside of
the United States. Access to the Materials (including software) may not be legal
by certain persons or in certain countries. If you access the Website from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of Georgia, without respect to its conflict of
laws principles. Any action related to this Agreement shall be brought only
in the state and federal courts of Georgia and both parties accept the personal
jurisdiction, and waive any objections to the venue, of such courts. If any
provision of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term. Except as expressly provided
in a particular "Legal Notice" or other agreement for software or
materials on particular Web pages, this Agreement constitutes the entire Agreement
between you and CGP with respect to the use of the Website. Any changes to this
Agreement must be made in writing, and authorized by a representative of CGP.
Privacy Policy
We have created this Privacy Policy to help show Cranman Golf Product, LLC’s
(CGP) commitment to privacy. This Privacy Policy describes CGP’s information
gathering and dissemination practices for the Website.
We do not automatically collect any personally identifiable information about
our Website users, such as a user's name, address, or e-mail address, unless
a user voluntarily submits it. Users may consent to receive correspondence from
us from time to time regarding various products or services. If a user sends
us personal correspondence, such as emails or letters, we may collect them into
a file specific to such user.
If a user's personally identifiable information changes, or if a user no longer
desires to receive correspondence from us, we will endeavor to provide a way
to correct, update, or remove such user's personal data provided to us. This
can usually be done by sending a message to us at info@markmender.com.
We may use cookies to track non-personal information about our Website users
such as: the URL that the user has come from and goes to next, the Internet
browser and type of operating system used, the user's location, and the user's
IP address. We use IP addresses for system administration purposes and to track
a user's session, so we can better understanding which parts of our Website
users visit most. Many sites automatically collect this information. We may
use this information for such purposes as improving the content of our Website,
marketing, advertising, or research.
We do reserve the right to release current or past user information internally
within CGP and its affiliates, partners, and subsidiaries. We also reserve the
right to release current or past user information to third parties for limited
purposes if we believe that (i) any use of the Website is in violation of this
Agreement; (ii) the Website is used to commit unlawful acts; or (iii) disclosure
of such information is required to comply with applicable laws or regulations,
or with a court or administrative order. Except as stated in this paragraph,
we will not share information specific to users with third parties unless such
disclosure is for the purpose of completing product orders or providing customer
service to customers and site users. We may, however, disclose aggregate user
information to third parties.
The Website may contain links to other sites. Please be aware that we are not
responsible for the privacy practices of such other sites. We encourage our
users to be aware when they leave our Website and to read the privacy policies
of each and every site that collects personally identifiable information. This
Privacy Policy applies solely to information collected by this Website.
If we decide to change our Privacy Policy, we will post those changes on our
Website so our users are always aware of what information we collect, how we
use it, and under circumstances, if any, we disclose it.
If you have any questions about this Privacy Policy, the practices of our Website,
or your dealings with this Website, please contact us by email, telephone, or
postal mail.
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