Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.

HAPi Golf reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HAPi Golf. The collective work includes works that are licensed to HAPi Golf. Copyright 2008, HAPi Golf. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with HAPi Golf or to purchase HAPi Golf products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by HAPi Golf in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

Trademarks / Intellectual Property
All trademarks, service marks and trade names of HAPi Golf used in the website (including but not limited to the HAPi Golf name and the LOGO Design are trademarks or registered trademarks of HAPi Golf, L.P. They may not be used without HAPi Golf's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending are the sole property of HAPi Golf and/or its licensors.

Product Orders
All orders placed through the website are subject to HAPi Golf's acceptance, which is in its sole discretion. Without limitation, this means that HAPi Golf may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, HAPi Golf shall issue a credit to your credit card account.

User Generated Content
HAPi Golf does not, and you agree that HAPi Golf has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that HAPi Golf is not in any manner responsible for User Generated Content, that HAPi Golf does not guarantee the accuracy, integrity or quality of User Generated Content, and that HAPi Golf cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, HAPi Golf is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of HAPi Golf or its affiliated or related entities or content providers.

Notwithstanding the foregoing, you acknowledge and agree that HAPi Golf has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, HAPi Golf reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.

You agree that you shall immediately notify HAPi Golf in writing of any objectionable content appearing on the Website. HAPi Golf will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT HAPI GOLF IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.

You may not post or otherwise distribute content to the website which HAPi Golf in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of HAPi Golf or another party, illegal, or otherwise objectionable to HAPi Golf. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website.

Use of Information Submitted
You agree that HAPi Golf is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the HAPi website), or contained in any communication you may send to HAPi Golf or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.

Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HAPi Golf actual knowledge of facts or circumstances from which infringing material or acts are evident. Notice of claims of copyright infringement can be reached as follows:

Name: Andrew S. Hunt
Address: 3131 Maple Ave. Suite 10E, Dallas, TX 75201
Telephone: 214-704-2029
Fax: 214-220-2999

We suggest that you consult your legal advisor before filing a notice with HAPi Golf. You should note that there can be penalties for false claims under the DMCA.

HAPi Golf may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.

Third-Party Links
In an attempt to provide increased value to our visitors, HAPi Golf may link to websites operated by third parties. However, even if the third party is affiliated with HAPi Golf, HAPi Golf has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of HAPi Golf. These linked websites are only for your convenience and therefore you access them at your own risk. HAPi Golf seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Indemnification
You agree to indemnify, defend, and hold harmless HAPi Golf, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy and Protecting Your Information
HAPi Golf is committed to safeguarding your privacy. We use a variety of security measures, including sophisticated encryption and authentication tools to maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.

Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAPI GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAPI GOLF DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAPI GOLF DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

HAPI GOLF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HAPI GOLF FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability
HAPI GOLF SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF HAPI GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, HAPI GOLF IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, HAPI GOLF'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of HAPi Golf products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of HAPi Golf products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from HAPi Golf. You agree that any notice, agreement, disclosure or other communication that HAPi Golf sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. HAPi Golf's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HAPi Golf may assign its rights and duties under this Agreement to any party at any time without notice to you.

Terms of Use "Last Modified"
The HAPi Golf site's Terms of Use were last modified on January 29, 2008. Please read the Terms of Use periodically for updated changes to our agreement for accessing and using the HAPi Golf website.

Term; Termination
These terms and conditions are applicable to you upon your accessing the website. HAPi Golf reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by HAPi Golf without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.