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CONDITIONS OF USE
Hello and welcome to our website. On behalf of all of us at IZZO
Golf, Inc. (referred to as "IZZO," "we," "us,"
or "our" herein), thank you for your interest in our products.
The following are the terms of a legal agreement ("Agreement")
between you and IZZO. By accessing, browsing, and/or using this
website ("Site"), you acknowledge that you have read,
understood and agree to be bound by these terms and to comply with
all applicable laws and regulations, including United States Copyright
and Trademark laws. If you do not agree to these terms, please do
not use this Site.
IZZO reserves the right to change, modify, add or remove portions
of this Agreement at any time. Please check these terms periodically
for changes. You agree that each time you visit our Site, you shall
be subject to and bound by the current terms of this Agreement.
This site is operated by IZZO from its offices within the State
of New York, United States of America. IZZO makes no representations
that materials in this Site are appropriate or available for use
in other locations. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for
compliance with applicable local and national laws.
In the event that you download software from this Site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software"), are licensed to you by IZZO. IZZO does not
transfer title to the Software to you. You own the medium on which
the Software is recorded, but IZZO retains full and complete title
to the Software itself, and all intellectual property rights therein.
You may not redistribute, sell, decompile, reverse-engineer, disassemble,
or otherwise reduce the Software to a human-perceivable form.
OWNERSHIP
This Site is owned and operated by IZZO, and, unless otherwise noted,
IZZO owns the Copyright in all materials provided here. No material
from this Site may be copied, modified, reproduced, republished,
uploaded, posted, transmitted, or distributed in any manner or form
except as explicitly provided below. Modification of the materials
or use of the materials for any purpose other than those purposes
explicitly permitted below is a violation of IZZO's copyright and/or
other proprietary rights. The use of any materials from this Site
on any other website or networked computer environment is prohibited
unless permission is obtained in writing from IZZO. All contents
of this website are: Copyright ”2002 IZZO GOLF, Inc.; all rights
reserved.
SINGLE COPY LICENSE
You may download one copy of the information contained in this website
(the "Materials") on a single computer for your personal,
non-commercial internal use only. This is a revocable license, not
a transfer of title, and is subject to the following restrictions:
you may not (a) modify the materials or use them for any commercial
purpose, or any public display, performance, sale or rental; (b)
decompile, reverse engineer, or disassemble the materials; (c) remove
any copyright, trademark registration, or other proprietary notices
from the materials; or (d) transfer the materials to another person.
TRADEMARKS
The trademarks and service marks ("Trademarks") use or
displayed on this Site are registered and unregistered trademarks
of IZZO, unless otherwise noted. Nothing in this Site should be
construed as granting -- by implication, estoppel, or otherwise
-- any license or right to use any trademarks displayed on the Site
without the express written permission of IZZO or the trademark
owner. The name “IZZO GOLF”, "IZZO Systems" or "IZZO"
or IZZO's logos may not be used in any way without IZZO's prior
written consent.
You may not use IZZO's logos as "hot" links to any other
site unless the establishment of such a link is approved by IZZO
in advance and in writing.
FORUMS
"Forum" means an on-line form or e-mail function offered
as part of this Site. It is our policy to respect the privacy of
all visitors. Therefore, we will not monitor, edit, or disclose
the contents of a visitor's e-mail unless required in the course
of normal maintenance of this Site and its systems or unless required
to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process
served on IZZO; (2) protect and defend the rights or property of
IZZO; or (3) act in an emergency to protect the personal safety
of our guests or the public. Guests shall remain solely responsible
for the content of their messages.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
rights has expressly granted) us a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute
such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called moral rights in those
materials have been waived.
DISCLAIMER
This website contains links to sites which are not maintained by
IZZO. While we try to include links only to those sites which are
in good taste and safe for our visitors, we are not responsible
for the content or accuracy of those sites and cannot guarantee
that sites will not change without our knowledge. The inclusion
of a link in this website dies not imply IZZO's endorsement of the
site. If you decide to access linked third-party websites, you do
so at your own risk.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND
INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. IZZO DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. IZZO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT IZZO) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, act
of God, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause
of action.
You specifically acknowledge that IZZO is not liable for your defamatory,
offensive, infringing or illegal materials or conduct or that of
third parties, and IZZO reserves the right to remove such materials
from the IZZO website without liability.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL IZZO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS SITE, EVEN IF IZZO OR AN IZZO AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL IZZO'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
TERMINATION
IZZO may terminate this license at any time if, in IZZO's sole discretion
and judgment you fail to comply with any term or provision of this
Agreement, Upon termination, you shall destroy any materials obtained
from this Site and all copies thereof, whether made under the terms
of this Agreement or otherwise.
CONTRACT INTERPRETATION
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, irrespective of any applicable
conflicts of law principles. If any provision of this Agreement
is ruled to be unlawful, void, or otherwise unenforceable, then
that provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any remaining
provisions. This is the entire Agreement between you and IZZO relating
to the subject of this website. You agree that no joint venture,
partnership, employment or agency relationship exists between you
and IZZO as a result of this Agreement or use of this website.
INDEMNITY
You agree to defend, indemnify, and hold harmless IZZO, its officers,
directors, employees, and agents from and against any claims, actions,
or demands, including without limitation reasonable legal and accounting
fees, arising from your use of the materials or your breach of the
terms of this Agreement. IZZO shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you, at
IZZO's sole discretion and at your expense, in defending any such
claim, suit or proceeding.
DISPUTE RESOLUTION
Any dispute arising with respect to this Agreement shall be
resolved by negotiation between the parties or, if necessary, by
resort to an appropriate federal or state court located in Rochester,
New York. You expressly waive and are estopped from asserting any
right to pursue any claim against IZZO relating to this Agreement
in any forum or venue located outside of Rochester, New York. In
the event of the filing of any such claim, you stipulate to the
transfer of the filing to any appropriate or available forum or
court in Rochester, New York, at IZZO's sole discretion. Use of
this website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including,
without limitation, this paragraph.
Once again, thank you for your interest in IZZO. We hope that you
find this website interesting and enjoyable.
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