PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. By using or downloading information from this Web Site, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not continue to use this Web Site.
- Changes to these Terms and Conditions. Bogey Bear Jr. Golf Foundation (“Bogey Bear”, “us” or “we”) may modify these Terms and Conditions at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Web Site following the posting of changes will indicate your acceptance of those changes. These Terms and Conditions were last updated on April 14, 2017.
- Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this Web Site.
- Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Bogey Bear and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
- DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. BOGEY BEAR PROVIDES THE MATERIALS AND SERVICES ON THIS WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOGEY BEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS CONTAINED ON THIS WEB SITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL BOGEY BEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEB SITE AND ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR $US50.00. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Trademarks. Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this Web Site are the exclusive property of Bogey Bear. Other Marks used or displayed on this Web Site are the property of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
- Linking to this Web Site. You may not link to this Web Site or run or display this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission.
- Inappropriate Material. You shall not upload to, distribute, or otherwise publish through the Web Site any content, information or other material that (a) violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Use of Web Site Outside the U.S. We control this Web Site from within the State of Washington, USA. Although accessible by others, this Web Site and its content are intended for access and use by U.S. residents only. We make no representation that the content of the Web Site is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Web Site.
- Choice of Law; Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. By using this Web Site you unconditionally agree to submit to the jurisdiction of the state and federal courts located in Seattle, Washington, USA.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Severability. If any term or condition of these terms and conditions shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by e-mail using our contact page or at the following mailing address:
Bogey Bear Jr. Golf Foundation
Attn: User Privacy
P.O. Box 18825
Seattle, WA 98118