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CONDITIONS OF SERVICE

1. ACCEPTANCE OF TERMS

KnoxGolf.com provides this service to you, subject to the Conditions of Service ("COS"), which may be updated by us from time to time without notice. Your use of this website is subject to these Conditions of Service.

2. DESCRIPTION OF SERVICE

KnoxGolf.com provides you with access to resources, including various communications tools, forums, shopping services, and professional services, all of which may be accessed through this site (“Service”). This may include advertisements. These services are provided “ as is” and KnoxGolf.com assumes no responsibility for the timeliness, accuracy, mis-delivery or failure of any service.

3. KNOXGOLF.COM PRIVACY POLICY

Privacy Policy Statement
This is the web site of KnoxGolf.com.

Our postal address is
PO Box 24055
Knoxville, TN 37922
We can be reached via e-mail at contact@knoxgolf.com

For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address.

We collect user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, not shared with other organizations for commercial purposes.

With respect to cookies: We use cookies to record past activity at a site in order to provide better service when visitors return to our site. These cookies are used to identify you and your movement through my site. A cookie is a small file stored on your computer, which expires by a certain date. Our cookies do not track your movement throughout the Internet and do not, ever, send us information about you when you are not on my site.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

4. CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Under no circumstances will KnoxGolf.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

2. impersonate any person or entity, including, but not limited to, a KnoxGolf.com official, forum leader, or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual relationships;

5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas, if any, that are designated for such purpose;

7. upload, post, email, transmit or otherwise make available 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;

8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10. intentionally or unintentionally violate any applicable local, state, national or international law;

11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;

12. "stalk" or otherwise harass another; or

13. collect or store personal data about other users.

You acknowledge that KnoxGolf.com may or may not pre-screen Content, but that KnoxGolf.com and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, KnoxGolf.com and its designees shall have the right to remove any Content that is objectionable in the sole discretion of KnoxGolf.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KnoxGolf.com or submitted to KnoxGolf.com, including without limitation information in KnoxGolf.com message boards, and in all other parts of the Service.

You acknowledge, consent and agree that KnoxGolf.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third-parties; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of KnoxGolf.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and any software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by KnoxGolf.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

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 United States or the country in which you reside.

6. INDEMNITY

You agree to indemnify and hold KnoxGolf.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, or your violation of any rights of another.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that KnoxGolf.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on KnoxGolf.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that KnoxGolf.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that KnoxGolf.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that KnoxGolf.com reserves the right to modify these general practices and limits from time to time, without providing notice to you of any such modification.

9. MODIFICATIONS TO SERVICE

KnoxGolf.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KnoxGolf.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

10. TERMINATION

You agree that KnoxGolf.com may, under certain circumstances and without prior notice, immediately terminate your KnoxGolf.com account, any associated email address, and access to the Service in KnoxGolf.com’s sole and absolute discretion. Further, you agree that KnoxGolf.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

11. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that KnoxGolf.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KnoxGolf.com has no control over such sites and resources, you acknowledge and agree that KnoxGolf.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KnoxGolf.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. KnoxGolf.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. KnoxGolf.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4. No advice or information, whether oral or written, obtained by you from KnoxGolf.com or through or from the Service shall create any warranty not expressly stated herein.

14. LIMITATION OF LIABILITY

You expressly understand and agree that KnoxGolf.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KnoxGolf.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 13 and 14 may not apply to you.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to this Agreement.

17. NOTICE

KnoxGolf.com may, but is not obligated to, provide you with notices, including those regarding changes to the COS, by either email, regular mail, or postings on the Service.

18. GENERAL INFORMATION

The COS constitute the entire agreement between you and KnoxGolf.com and govern your use of the Service, superceding any prior agreements between you and KnoxGolf.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other KnoxGolf.com services, affiliate services, third-party content or third-party software.

The COS and the relationship between you and KnoxGolf.com shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and KnoxGolf.com agree to submit to the personal and exclusive jurisdiction of the courts located within Knox County, Tennessee.

The failure of KnoxGolf.com to exercise or enforce any right or provision of the COS shall not constitute a waiver of such right or provision. If any provision of the COS 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 COS remain in full force and effect.

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 Service or the COS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the COS are for convenience only and have no legal or contractual effect.

 




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