THIS IS AN AGREEMENT BETWEEN YOU AND JOHNDALY.COM
This is an agreement ("Agreement") between you and TGIB Marketing, Inc., the owner of the web site “JohnDaly.com.” (TGIB Marketing, Inc. is hereafter referred to as "JohnDaly.com "). This Agreement governs your use of any Web site or Web page operated by JohnDaly.com (collectively the “Web Sites”). You represent that you are at least 18 years of age, that you have attained the age of majority in the province, state or country in which you reside, and that any information that you submit is correct.
JOHNDALY.COM OFFERS THE USE OF THE WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY, AND A LIMITATION ON TIME TO BRING A CLAIM (SEE “DISCLAIMER OF WARRANTIES,” “LIMITATION OF LIABILITY” AND “YOU HAVE A LIMITED TIME TO BRING A CLAIM,” BELOW.)
THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
USE OF THIS SITE
JohnDaly.com may contain proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. JohnDaly.com and their subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if JohnDaly.com believes that customer conduct violates applicable law or is harmful to the interests of JohnDaly.com.
CONDITIONS OF USE
By using this site, you signify your agreement to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this site. JohnDaly.com may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
DISCLAIMER OF WARRANTIES
The materials on this Website are provided "as is" and without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JohnDaly.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. JohnDaly.com does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not JohnDaly.com) assume the entire cost of all necessary servicing, repair, or correction. Links to other sites may be available for access through this home page. Such external Internet addresses contain information created, published, maintained or otherwise posted by organizations independent of JohnDaly.com. JohnDaly.com does not endorse, approve or certify any information, product or service referenced or provided at such addresses.
LIMITATION OF LIABILITY
While JohnDaly.com uses reasonable efforts to include accurate and up-to-date information on this Website, errors or omissions may occur. JohnDaly.com makes no warranties or representations as to the accuracy of this Website. Under no circumstances including, but not limited to, negligence by act or omission, shall JohnDaly.com. or any party involved in creating, producing, or delivering this Website be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Website, even if JohnDaly.com or a JohnDaly.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall JohnDaly.com’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing this Website.
JohnDaly.com assumes no responsibility and shall not be liable for any damages due to viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website.
RESTRICTIONS ON USE OF MATERIALS
This site is owned by JohnDaly.com. Except as otherwise permitted by JohnDaly.com, no materials from this Website or any Website owned, operated, licensed or controlled by JohnDaly.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video, without JohnDaly.com's written permission. JohnDaly.com neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with JohnDaly.com.
This Website is controlled and operated by JohnDaly.com from its offices within the State of New York, United States of America. JohnDaly.com makes no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Monroe County, New York, USA in all disputes arising out of or relating to the use of JohnDaly.com.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. JohnDaly.com may assign this Agreement, in whole or in part, at any time with or without notice to you. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and JohnDaly.com, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and JohnDaly.com with respect to the JohnDaly.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Newsletter Sign-Up And Guarantees
JohnDaly® guarantees the privacy of all our newsletter subscribers and will never share or rent any of our subscribers information to a 3rd party. JohnDaly's® newsletters include promotional material for our customers including but not limited to updates on our latest golf equipment, price changes and coupons for use at www.JohnDaly.com. Easy and instant opt out links are included within all of our email sends and all subscribers may also email JohnDaly@RockBottomGolf.com in order to opt out of our newsletter list.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
You and JohnDaly.com agree that any cause of action arising out of or related to the JohnDaly web sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
TRADEMARKS/SERVICE MARKS AND COPYRIGHTS
Images displayed on this Website are either the property of, or used with permission by, JohnDaly.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this Website without the written permission of JohnDaly.com or such third party that may own the trademarks or service marks displayed on this Website. Your use of the trademarks or service marks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
Inquiries concerning use of JohnDaly.com trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to the following areas: JohnDaly.com, Corporate Legal Department, PO Box 80, North Chili, NY 14514 United States of America.
Any communications or material you transmit to this Website by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of JohnDaly.com. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, JohnDaly.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
THIRD-PARTY WEB BEACONS
We use third-party web beacons from Google to help analyze where visitors go and what they do while visiting our website. Google may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.
TRADEMARKS/SERVICE MARK NOTICES
JohnDaly® is a registered trademark of JohnDaly.com. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. We are very protective of our trademarks and service marks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, our attorney fees. We thank you for your cooperation.
SALES & USE TAX NOTIFICATION
Purchases outside of New York and Virginia may be subject to Sales & Use Tax remittance by the purchaser unless the purchase is exempt from taxation. The purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. Some States require purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt by their State law. The tax may be reported and paid on individual income tax returns or by filing a consumer use tax return with their State. States under this policy known to us include Kentucky, but others may also qualify. Please contact your State agency to determine applicable requirements.
Kentucky Customers: Consumer Use Tax