Terms & Conditions
Terms & Conditions
CONDITIONS OF USE
Hello and welcome to our website. On behalf of all of us at IZZOGolf, 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.
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; © remove any copyright, trademark registration, or other proprietary notices from the materials; or (d) transfer the materials to another person.
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.
“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.
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.
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.
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.
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.
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.