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.