Terms of Use
Acknowledgement and
Acceptance
PLEASE READ THESE TERMS OF USE CAREFULLY.
BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND
ANY AMENDMENTS THERETO.
Welcome
to GolfMentalGameGuide.com (the "Site"), a website provided by
Remembrandt, Inc.
These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears.
These
Terms apply exclusively to your access to, and use of, the Site and do
not alter in any way the terms or conditions of any other agreement you
may have with Remembrandt, Inc. for products, services, or otherwise.
YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE
THIS SITE.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE
INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE
TERMS OF USE, PLEASE DO NOT USE THE SITE.
By using this site you represent that you are 13 years of age or older.
Indemnification
You agree to release, defend, indemnify and hold harmless Remembrandt,
Inc. (including its officers, directors, employees, affiliates,
contractors and agents) from and against any expense, loss, cost or
liability (including, without limitation, attorney fees and paralegal
fees) arising from any and all claims, demands, damages or actions
resulting from or related to (i) use by you of the Internet, the
GolfMentalGameGuide.com website or products or services offered through
Remembrandt, Inc. (including, without limitation, any claims for breach
of warranty, loss of data, libel, slander, invasion of privacy or false
advertising); (ii) performance of the GolfMentalGameGuide.com website;
(iii) Your negligence or any tortious acts (or failures to act) by you;
(iv) products or services offered through Remembrandt, Inc.; and (v)
any breach by you of your obligations under this Agreement.
The terms of this section survive any termination of the Terms.
Express Warranties
You hereby acknowledge and agree that Remembrandt, Inc. (including
officers, employees, agents, directors and independent contractors has
not made or granted to you any express warranties concerning the
GolfMentalGameGuide.com website or any products and services offered
through the GolfMentalGameGuide.com website. You hereby acknowledge
that the GolfMentalGameGuide.com service does not constitute grant of
an express warranty concerning any products and services offered
through the GolfMentalGameGuide.com website and you hereby waive any
and all claims of warranty based on the GolfMentalGameGuide.com website.
The terms of this section survive any termination of the Terms.
LIMITATION OF LIABILTY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
REMEMBRANDT, INC. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE GOLFMENTALGAMEGUIDE.COM WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF REMEMBRANDT, INC
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL REMEMBRANDT,
INC
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The
terms of this section survive any termination of the Terms.
DISCLAIMER OF WARRANTY
THE GOLFMENTALGAMEGUIDE.COM WEBSITE AND PRODUCTS SOLD THROUGH IT ARE
PROVIDED
“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. REMEMBRANDT,
INC., TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND YOU
HEREBY WAIVE ALL WARRANTIES BY REMEMBRANDT, INC., EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH
THE GOLFMENTALGAMEGUIDE.COM WEBSITE AND PRODUCTS AND SERVICES OFFERED
THROUGH
THE GOLFMENTALGAMEGUIDE.COM WEBSITE. REMEMBRANDT, INC. DOES NOT WARRANT
AND YOU
HEREBY WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE
GOLFMENTALGAMEGUIDE.COM
WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. REMEMBRANDT, INC.,
DOES NOT MAKE ANY WARRANTY AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES
AS TO THE RESULTS OBTAINED FROM USE OF THE GOLFMENTALGAMEGUIDE.COM
WEBSITE OR
AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE
GOLFMENTALGAMEGUIDE.COM WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT
USE OF
THE INTERNET AND THE GOLFMENTALGAMEGUIDE.COM WEBSITE SHALL BE AT THE
SOLE AND
EXCLUSIVE RISK OF YOU AND SUBJECT TO THE RESTRICTIONS, TERMS AND
CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF
CONDUCT GOVERNING THE INTERNET AND THE GOLFMENTALGAMEGUIDE.COM WEBSITE.
The terms of this section survive any termination of the Terms.
Claims of Copyright
Infringement
To file a copyright infringment notice with us, please provide
Remembrandt, Inc.'s Copyright Agent the following information:
i. The name, address, and electronic signature of the complaining party
[512(c)(3)(A)(i)]
ii. The infringing materials and their Internet location
[512(c)(3)(A)(ii-iii)], or if the service provider is an "information
location tool" such as a search engine, the reference or link to the
infringing materials [512(d)(3)].
iii. Sufficient information to identify the copyrighted works
[512(c)(3)(A)(iv)].
iv. A statement by the owner that it has a good faith belief that there
is no legal basis for the use of the materials complained of
[512(c)(3)(A)(v)].
v. A statement of the accuracy of the notice and, under penalty of
perjury, that the complaining party is authorized to act on the behalf
of the owner [512(c)(3)(A)(vi)].
Also note that under Section 512(f) you may be subject to liability if
you knowingly materially misrepresents that material or activity is
infringing.
Written notice containing the above information should be sent to our
designated agent as follows:
Copyright Agent
Remembrandt, Inc.
6312 US HWY 301 N. #221
Ellenton, FL 34222
GolfMentalGameGuide,
GolfMentalGameGuide.com, and the GolfMentalGameGuide logo are service
marks or registered service marks of Remembrandt, Inc.
You may not use GolfMentalGameGuide.com or any content originating from
www.GolfMentalGameGuide.com without the express written permission of
Remembrandt, Inc.
All content on GolfMentalGameGuide.com is copyright 2010,
Remembrandt, Inc. ALL RIGHTS
RESERVED.
No Resale. Non-commercial
use
You acknowledge and agree that you will not sell, resell, or offer for
any commercial or non-commercial purposes, any portion of, access to,
or use of the GolfMentalGameGuide.com website in any way, shape, or
form (this includes both digitally and physically).
Waiver and Severability of
Terms
The failure of Remembrandt, Inc to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect.
The terms of this section survive any termination of the Terms.
Applicable Law
These Terms shall be governed by and construed in accordance with the
laws of the State of Florida, without resort to any conflict of law
provisions. You agree that any action at law or in equity arising out
of or relating to the Terms or your use of the Site shall be filed only
in the Circuit Court of Manatee County, Florida, or the United States
District Court for the Middle District of Florida, and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action, or proceeding
arising out of the Terms.
The terms of this section survive any termination of the Terms.
Modifications to these
Terms of Service
Remembrandt, Inc. may change these Terms of Service at any time for any
reason at its sole discretion with or without notifying you. We will
post any changes to these Terms of Service on this page.
By using the GolfMentalGameGuide.com website after any change to these
Terms of Service you acknowledge, accept, and agree to the changes.
GENERAL INFORMATION
Entire
Agreement. These Terms of Use constitutes the entire agreement between
you and Remembrandt, Inc and governs your use of the Remembrandt, Inc
Services, superseding any prior version of the Terms between you and
Remembrandt, Inc with respect to the Remembrandt, Inc Services. You
also may be subject to additional terms and conditions that may apply
when you use or purchase certain other Remembrandt, Inc services,
affiliate services, third-party content or third-party software.
Statute
of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Remembrandt, Inc Services or the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no
legal or contractual effect.
This
document was last updated on July 30, 2010.
Copyright 2010 Remembrandt, Inc, All Rights Reserved.