GolflexTech (Canada) Inc. , www.golflextech.com, Terms and Conditions:
Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
GolflexTech (Canada) Inc. owns and operates this Web site, located at http://www.golflextech.com (the Web site or
“Site”). These Terms and Conditions of Use state the terms and conditions under
which you may access and use the Web site. By accessing and using the Web site
you are indicating your acceptance to be bound by the terms and conditions set
out herein. If you do not accept these terms and conditions, you must not
access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS,
RULES, POLICIES, GUIDELINES OR PRACTICES OF THIS GOLFLEXTECH (CANADA) INC.
WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
GolflexTech (Canada) Inc. may revise these Terms and Conditions of Use at any
time by updating this posting. Use of the Web site after such changes are
posted will signify your agreement to these revised terms. You should visit
this page periodically to review these Terms and Conditions of Use.
Section 1. Privacy:
Registration Data and other personal information you provide to or through the
Site is subject to our Privacy Policy. For more information please see our
Privacy Policy.
Section
2. Disclaimer Regarding Advice:
THE CONTENT ON THE SITE IS PROVIDED EXCLUSIVELY FOR INFORMATION PURPOSES, AND
IT IS NOT IN ANY WAY INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS
SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING
ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION. NEITHER THE CONTENT NOR
ANY OTHER SERVICE OFFERED BY OR THROUGH GOLFLEXTECH (CANADA) INC. OR WWW.GOLFLEXTECH.COM IS INTENDED TO BE
RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DELAY SEEKING MEDICAL
ADVICE FROM A QUALIFIED PROFESSIONAL, AND NEVER DISREGARD SUCH ADVICE BECAUSE
OF SOMETHING YOU HAVE READ ON WWW.GOLFLEXTECH.COM.
Any specific tests, products, or procedures that may be mentioned on the Site
are for information purposes only, and GolflexTech (Canada) Inc. does not
recommend or endorse any of them. You rely on any information provided by
GolflexTech (Canada) Inc., its sponsors and advertisers, or other visitors to
the Site at your own risk. GolflexTech (Canada) Inc. assumes no liability
or responsibility either for the contents of any material provided on the Site,
or for damage or injury to persons or property arising from any use of any
product, information, idea, or instruction contained in those materials.
GolflexTech (Canada) Inc. reserves the right to change or discontinue any
aspect or feature of this Site at any time without prior notice.
Section 3. Ownership
and Use of Content and Copyright:
All text, graphics and multimedia content available from the entry point URL:http://www.golflextech.com and pages
within that domain (the "Site"), and all related code (including but
not limited to HTML, other mark-up languages, and all scripts) within this Site
are the property of GolflexTech (Canada) Inc. and/or its affiliates. All
material on this Site, including (but not limited to) images, illustrations,
audio clips and video clips, is protected by copyrights that are owned or
controlled by GolflexTech (Canada) Inc. or by other parties that have licensed
their material to GolflexTech (Canada) Inc. (or posted to the Site pursuant to
a user agreement with GolflexTech (Canada) Inc.). Material from the Site may
not be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way. Modification of the materials or any part thereof, or
use of the materials for any other purpose is a violation of copyright and
other proprietary rights. The use of any such material on any other Web site or
computer environment is prohibited."
www.golflextech.com",
"GolflexTech", "PowerFlex", “Gti” and the
"GolflexTech" logo are trademarks and service marks of GolflexTech
(Canada) Inc. All other trademarks, service marks and logos used on this
Site are the trademarks, service marks or logos of their respective
owners.
GolflexTech (Canada) Inc. has made every effort to secure appropriate licenses
and clearances for all proprietary intellectual properties used on this Site.
You may notify GolflexTech (Canada) Inc. of alleged intellectual property rights
infringement by contacting GolflexTech (Canada) Inc. at:
802 Regal Cresent
North Vancouver, BC
V7K 2X8
Canada
Ph: (604) 984-6026
Nothing contained on the Web site should be construed as granting you any
license or right to use any trademark logo or design of GolflexTech (Canada)
Inc. or any third party, without the written permission of GolflexTech (Canada)
Inc. or the respective owner of any third-party trademark.
Section 4. Safety; Disclaimer of Consequential Damages:
THE USE OF THE GOLFLEXTECH (CANADA) INC. SITE AND THE CONTENT IS AT YOUR OWN
RISK.The information at this Site is presented for the purpose of educating
participants on coaching and playing of various sports, and participation in
various physical activities. No physical activity should be engaged in without
first consulting a physician. Furthermore, GolflexTech (Canada) Inc. makes no
claims about the safety or appropriateness of any information found on the
Site, nor about the results to be obtained from using the GolflexTech (Canada)
Inc. Site or Content.
THE GOLFLEXTECH (CANADA) INC. SITE AND THE CONTENT ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GOLFLEXTECH
(CANADA) INC., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. GOLFLEXTECH (CANADA) INC., ITS LICENSORS, AND ITS SUPPLIERS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT,
GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE
GOLFLEXTECH (CANADA) INC. SITE.
IN NO EVENT SHALL GOLFLEXTECH (CANADA) INC., ITS LICENSORS, ITS SUPPLIERS OR
ANY THIRD PARTIES MENTIONED AT THE GOLFLEXTECH (CANADA) INC. 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
GOLFLEXTECH (CANADA) INC., SITE OR THE CONTENT THEREOF, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
GOLFLEXTECH (CANADA) INC. IS ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 5. Rules of Conduct for Interactive Areas:
GolflexTech (Canada) Inc. provides interactive areas ("Interactive
Areas") on the GolflexTech (Canada) Inc. Site. You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Interactive Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Interactive Content originated. This means that you, not GolflexTech
(Canada) Inc., are entirely responsible for all Interactive Content that you
upload, post, email or otherwise transmit using the Site. GolflexTech (Canada)
Inc. does not control the Interactive Content posted using the Site and as such
does not guarantee the accuracy, integrity or quality of such Interactive
Content. You understand that by using the Site, you may be exposed to
Interactive Content that is offensive, indecent or objectionable. Under no
circumstance will GolflexTech (Canada) Inc. be liable in any way for any
Interactive Content, including, but not limited to, errors or omissions in any
Interactive Content, or for any loss or damage of any kind incurred as a result
of the use of any Interactive Content uploaded, posted, emailed or otherwise
transmitted or hosted using the Service.
You acknowledge that GolflexTech (Canada) Inc. does not pre-screen Interactive
Content, but that GolflexTech (Canada) Inc. shall have the right (but not the
obligation) to refuse or move or delete any Interactive Content that is posted
to the Site, including without limitation any Interactive Content that violates
the Terms and Conditions of Use or is otherwise objectionable. You agree that
you must evaluate, and bear all rights and obligations associated with the use
of any Interactive Content, including reliance on the accuracy, completeness or
usefulness of such Interactive Content. You also acknowledge and agree that
GolflexTech (Canada) Inc. may preserve or remove Interactive Content and may
disclose Interactive Content, including information about your account or your
use of the Site, to any third party if required to do so by law or in the good
faith belief that such preservation, removal or disclosure is necessary to:
(a) comply with legal
process;
(b) enforce the Terms and Conditions of use;
(c) respond to claims that any Interactive Content violated the rights of third
parties; or
(d) protect the rights, property, or personal safety of GolflexTech (Canada)
Inc., its employees or agents, or the public.
ANY RELIANCE ON CONTENT
POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree that it shall be a material breach of these Terms and Conditions if
you are engaged in any of the following activities:
(a) uploading, posting,
emailing or otherwise transmitting any Interactive Content that is, in
GolflexTech (Canada) Inc.'s sole discretion, unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(b) harming minors in any way;
(c) impersonating any person or entity, including, but not limited to, a
GolflexTech (Canada) Inc. employee, or falsely stating or otherwise
misrepresenting your affiliation with a person or entity;
(d) forging headers or otherwise manipulating identifiers in order to disguise
the origin of any Interactive Content transmitted through the Service;
(e) adopting of names and addresses for the purpose of cybersquatting;
(f) uploading, posting, emailing or otherwise transmitting any Interactive
Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);(
(g) uploading, posting, emailing or otherwise transmitting any Interactive
Content that infringes any patent, trademark, trade secret, copyright,
publicity or other proprietary right ("Rights") of any party;
(h) uploading, posting, emailing or otherwise transmitting any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of such solicitation;
(i) uploading, posting, emailing or otherwise transmitting any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(j) interfering with or disrupting the Site or servers or networks connected to
the Site, or disobeying any requirements, procedures, policies or regulations
of networks connected to the Site;
(k) intentionally or unintentionally violating any applicable local,
provincial, state, national or international law;
(l) "stalking" or otherwise harassing another;
(m) harvesting or otherwise collecting information about others, including
email addresses, without their consent; or
(n) engage in any other conduct that restricts or inhibits any other person
from using or enjoying the Interactive Areas, or which, in the judgment of
GolflexTech (Canada) Inc., exposes GolflexTech (Canada) Inc. or any of its
customers or suppliers to any liability of any type.
Section 6. Links to Other Sites:
The GolflexTech (Canada) Inc. Site contains links to web sites of third parties
("Third Party Sites"). These links are provided solely as a
convenience to you and not as an endorsement by GolflexTech (Canada) Inc. of
the content on such Third-Party Sites. GolflexTech (Canada) Inc. is not
responsible for the content of linked Third-Party Sites and does not make any
representations regarding the content or accuracy of materials on such
Third-Party Sites. If you decide to access Third-Party Sites through links on
the GolflexTech (Canada) Inc. Site, you do so at your own risk. Your use of
Third- Party Sites is subject to the Terms and Conditions of use for those
sites.
Section 7. Advertisements:
The GolflexTech (Canada) Inc. Site contains advertisements by third parties,
and these advertisements may contain links to other web sites. Unless otherwise
specifically stated, GolflexTech (Canada) Inc. does not endorse any product or
make any representation regarding the content or accuracy of any materials
contained in, or linked to, any advertisement on the GolflexTech (Canada) Inc.
Site.
Section 8. Indemnity:
You agree to defend, indemnify and hold GolflexTech (Canada) Inc., its
officers, directors, employees, agents, licensors and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your use of the Content, or the Interactive
Areas in a manner that violates or is alleged to violate these Terms and
Conditions. GolflexTech (Canada) Inc. shall provide notice to you promptly of
any such claim, suit, or proceeding, and shall reasonably cooperate with you,
at your expense, in your defense of any such claim, suit or proceeding.
Section 9. General:
GolflexTech (Canada) Inc. is based in Vancouver, Canada. Access to the Content
may not be legal by certain persons or in certain countries. If you access the
GolflexTech (Canada) Inc. Site from outside Canada, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which you reside.
Section 10. Jurisdiction:
You expressly agree that exclusive jurisdiction for any dispute with
GolflexTech (Canada) Inc., or in any way relating to your use of GolflexTech
(Canada) Inc., resides in the courts of the Province of British Columbia, and
you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the Province of British Columbia in connection
with any such dispute including any claim involving GolflexTech (Canada) Inc.
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers. These Terms and Conditions
are governed by the laws of the Province of British Columbia, without respect
to its conflict of laws principles. If any provision of these Terms and Conditions
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 these Terms and Conditions, which shall remain in full force and
effect. 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.
Section 11. Complete Agreement:
Except as expressly provided in a particular "legal notice" on the
GolflexTech (Canada) Inc. Site, these terms and conditions constitute the
entire agreement between you and GolflexTech (Canada) Inc. with respect to the
use of the GolflexTech (Canada) Inc. Site and any content contained therein.
The section titles in the Terms and Conditions are for convenience only and
have no legal or contractual effect or significance.