DiscGolferUSA.com Terms of Use

Welcome to DiscGolferUSA.com. The goal of this web site is to provide access to the widest selection of Disc Golf related materials to the largest group of people possible. To insure a safe, nonoffensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any area of DiscGolferUSA.com, users ("Users") agree to be legally bound and to abide by the terms set forth below. DiscGolferUSA.com is owned and operated by DiscGolferUSA.com, Corp. Any references herein to DiscGolferUSA.com shall be deemed to refer to DiscGolferUSA.com and/or DiscGolferUSA.com, Corp., as applicable under the circumstances.

I. TRADEMARKS

DiscGolferUSA.com is a service marks of DiscGolferUSA.com, Corp. or its affiliates. All rights reserved. These and other DiscGolferUSA.com graphics, logos and service marks and trademarks of DiscGolferUSA.com, Corp. and its affiliates may not be used without prior written consent of DiscGolferUSA.com, Corp. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on DiscGolferUSA.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of DiscGolferUSA.com is at User's sole risk. Neither DiscGolferUSA.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that DiscGolferUSA.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of DiscGolferUSA.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DiscGolferUSA.com.

THIS SITE IS PROVIDED BY DiscGolferUSA.com ON AN "AS IS"AND "AS AVAILABLE" BASIS. DiscGolferUSA.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DiscGolferUSA.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DiscGolferUSA.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DiscGolferUSA.com NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall DiscGolferUSA.com or any other party involved in creating, producing, or distributing DiscGolferUSA.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use DiscGolferUSA.com, including but not limited to reliance by a User on any information obtained from DiscGolferUSA.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DiscGolferUSA.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through DiscGolferUSA.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT
a. PROPRIETARY RIGHTS

User acknowledges that DiscGolferUSA.com contains Information, data, photographs, graphs, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws.

IV. ONLINE CONDUCT

User agrees to use DiscGolferUSA.com only for lawful purposes. User is prohibited from posting on or transmitting through DiscGolferUSA.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If DiscGolferUSA.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, DiscGolferUSA.com may investigate the allegation and determine in its sole discretion whether to remove such Content from DiscGolferUSA.com. DiscGolferUSA.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate DiscGolferUSA.com; or (iii) to protect the rights or property of DiscGolferUSA.com, its Users or Providers.

DiscGolferUSA.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, DiscGolferUSA.com, the communities that make up DiscGolferUSA.com, or any rights of DiscGolferUSA.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, DiscGolferUSA.com can not ensure prompt removal of questionable Content after online posting. Accordingly, DiscGolferUSA.com, nor its affiliates, nor any of their officers, directors, employees, or agents shall assume liability for any action or inaction with respect to conduct, communication, or Content on DiscGolferUSA.com.

V. PRIVACY POLICY

In accordance with the terms of DiscGolferUSA.com's Privacy Policy http://www.DiscGolferUSA.com/privacy.cfm DiscGolferUSA.com respects the privacy of its Users.

VI. TERMINATION OF USAGE

DiscGolferUSA.com may terminate User's access, or suspend any User's access to all or part of DiscGolferUSA.com, without notice, for any conduct that DiscGolferUSA.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or DiscGolferUSA.com.

VII. APPLICABLE LAW

This site is created and controlled by DiscGolferUSA.com in the State of Iowa. As such, the laws of the State of Iowa will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DiscGolferUSA.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Iowa and of the United States of America located in the State of Iowa for any litigation arising out of or relating to use of or purchase made through DiscGolferUSA.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Iowa Courts and agrees not to plead or claim in any Iowa Court that such litigation brought therein has been brought in an inconvenient forum.

VIII. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and DiscGolferUSA.com regarding your relationship with DiscGolferUSA.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the DiscGolferUSA.com web site. The aforementioned Terms of Use are subject to change.

X. RIGHTS OF SERVICE

Note: We reserve the right to deny service to any client, if it is discovered that Content from the User includes any of the following:

  • Adult oriented material (i.e. Pornography website, members only adult site, etc.)
  • Illegal activity website (i.e. Warez, hacking, virii, software cracks, software registration/serial information, etc.)
  • Derogatory material related website (i.e. Insulting sites to either our company or other companies, people, etc.)

Note: If we find any type of illegal activity on the DiscGolferUSA.com website contributed by you, we WILL distribute your personal information to our local authorities and we will prosecute to the extent of the law.