Terms of Service
Note to Children: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THESE SITES OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THESE SITES. REGISTRATION FOR SERVICES BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
- Age and Responsibility. You represent that you are of sufficient legal age to use these Sites and to create binding legal obligations for any liability you may incur as a result of the use of these Sites. You understand that you are financially responsible for all uses of these Sites by you and those using your login information. If any of the services on the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a login and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OptiShot® Golf immediately of any unauthorized use of your account or any other breach of security. OptiShot® Golf will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OptiShot® Golf or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
- OptiShot® Golf Privacy Statement. Registration data and certain other information about you is subject to our Privacy Statement (click here). You understand that through your use of the Services you consent to the collection and use of this information as set forth in the OptiShot® Golf Privacy Statement.
- User Conduct. While on these Sites, you may not:
Collect or post information about others without their consent;
Impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit or disseminate (collectively “Post”) any message anonymously or under a false name;
Defame, harass, threaten, stalk, abuse or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
Post any obscene, pornographic, profane, or otherwise objectionable information or unlawful information;
Post any material that infringes any patent, copyright, trademark, trade secrets (“Intellectual Property”) of any party, unless you are the owner of the Intellectual Property or have the permission of the owner to post or transmit such material;
Post any corrupted files, files that contain computer viruses or other destructive features, or any other software or programs that may corrupt of damage another party’s computer;
Engage in any commercial activities, including advertising or offering to sell any goods or services;
Post chain letters, pyramid schemes, surveys, contests, charity requests or petitions for signatures;
Mass-post, cross-post, or post off-topic messages to any newsgroup, chat room or bulletin board service;
Spam* (see definition below);
Interfere with, restrict or inhibit other users of these Sites; or Knowingly solicit or collect personal information from a child 13 years or younger.
OptiShot® Golf defines “Spam” as the sending of electronic messages, individually or en masse, to people who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, an individual, or a nonprofit.
OptiShot® Golf may immediately terminate your access to the Sites or any portion of the Sites for violation of any of the foregoing rules of user conduct without notification.
- Disclaimer of Warranties. The Sites, Content and Services are provided “As Is”. Your use thereof is at your own risk. While OptiShot® Golf uses reasonable efforts to ensure the accuracy, correctness and reliability of these Sites content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. OptiShot® Golf, as well as any other party involved in creating, producing, or delivering the Sites including, without limitation, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Sites.
OptiShot® GOLF DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THESE SITES AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITES, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OptiShot® GOLF IS NOT RESPONSIBLE FOR THOSE COSTS. OptiShot® GOLF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OptiShot® GOLF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITES.
- Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER OptiShot® GOLF NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THESE SITES OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THESE SITES, EVEN IF OptiShot® GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
- Monitoring. OptiShot® Golf has no obligation to monitor any member’s use of the Sites or retain the content of any user session. However, OptiShot® Golf reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in OptiShot® Golf’s possession, however obtained, about or related to you, your use of the Sites or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. OptiShot® Golf is not responsible for any failure or delay in removing content.
- Ownership; Copyright. © OptiShot® Golf 2015. All rights reserved. Except where otherwise indicated, the Content featured or displayed on these Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belongs to OptiShot® Golf, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.
- Trademarks. All of the trademarks, logos, and service marks appearing on the Sites (the “Trademarks”) are the registered and unregistered trademarks of OptiShot® Golf and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on these Sites of the trademark(s) of any other party is not intended to imply OptiShot® Golf’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of OptiShot® Golf, its products or services.
- Links to Other Sites. The Sites may contain links to sites not operated or maintained by OptiShot® Golf. These links are provided solely as a convenience to you and not as an endorsement by OptiShot® Golf of the content of such third party sites. OptiShot® Golf is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against OptiShot® Golf regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. OptiShot® Golf reserves the right to terminate any link or linking program at any time.
- Unsolicited Submissions/Feedback. OptiShot® Golf does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, OptiShot® Golf makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on these Sites will be deemed non-confidential. OptiShot® Golf is free to use such information on an unrestricted basis.
- International Use. OptiShot® Golf makes no representation of any kind that all content, materials and services on the Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the Sites from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.
- Software Licenses. Any software that may from time to time be made available for downloading from the Sites is protected by copyright and may be protected by other rights. The use of such software is governed solely by the terms of the software license agreement or designated “Legal Notice” accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of any such license agreement or notice.
- Termination. OptiShot® Golf reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without notice.
OpitShot® Golf (“OpitShot® Golf”) is committed to protecting your privacy. To that end, we have created this privacy statement to inform you about our information gathering and dissemination practices for this website, www.OptiShotGolf.com, related sub-domains (collectively, the “website”), and the locally installed client application (together with the website, the “web services”). In this privacy statement you will find information regarding the following:
- What personally identifiable information we collect through the web services and how that information is used.
- Information about cookies.
- With whom the information may be shared.
- What choices are available to you regarding collection, use and distribution of the information.
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information under OpitShot® Golf’s control.
How you can access and correct any inaccuracies in the information collected about you. If you have any questions regarding this privacy statement, if you feel that we have not complied with the policies stated here, or if you would like to request that we change the way we use your information, please contact us at firstname.lastname@example.org or write to us at the following address:
115 N. Center Street
Northville, MI 48167
At OpitShot® Golf we do not sell or rent your personal information to third parties for marketing purposes. We will only share your information with third parties as described in this privacy statement or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with legal process.
An Important Note About Children.
Children (persons under the age of 18) are not eligible to use the web services without some supervision from a parent or guardian. We ask that children do not submit any personal information to us unless a parent or guardian is monitoring that submission or the child’s general use of the web services. If you are under the age of 18, you may only use the web services in conjunction with and under the supervision of your parents or guardians.
What Personally Identifiable Information do We Collect and How is it Used?
Sign-On. If you elect to participate in any of the interactive areas of the Site, we collect your name and email address. This information is to allow you to access and participate in the web services and enable us to communicate with you regarding the web services as well as other products, services and opportunities we believe will be of interest to you. We may also use this information in aggregate form to help us improve our products and services and engage in related research activities. In addition, if you choose to post messages in our bulletin boards, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support, improve our products and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on our website, we may collect such information into a file specific to you.
Contact Us. We use links located in the web services to allow you to contact us directly with any questions or comments you may have. This information is used to respond directly to your questions or comments. We may also file your comments to improve the web services and offerings, or review and discard the information.
Purchase of Software If you purchase the OpitShot® Golf software, we will collect some additional information, which may include a billing address, credit card number and a credit card expiration date. This information will be used to process and complete your payment. In addition, we may collect information about your experience and level of expertise in golf. This information may be used in the future to offer you a more personalized experience with our software. It may also be used in aggregate form by OpitShot® Golf, either independently or with third party research institutions, for product improvement, research and studies related to the OpitShot® Golf program.
Opt-in Programs. If you have indicated that you are interested in learning more about OpitShot® Golf and our offerings or if you have elected to receive our newsletter or other email publications, we will collect contact information such as name, email address, phone number and address. This information will only be used to contact you to provide you with further information about our products and services as you have requested.
Demographic Information. We automatically track certain information based upon your behavior on the web services. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.
With Whom Do we Share Your Information?
We never sell or rent your personal information without your consent. However, OpitShot® Golf may release personal information under the following circumstances:
Where release is required by law (for example, a subpoena) or regulation or is requested by a government agency; or
To appropriate persons, where your communication suggests possible harm to others.
As discussed above under “Purchase of Software,” if you purchase software from OpitShot® Golf, we will collect billing related information from you, such as a credit card number and billing address. We may share that information with a third party solely for the purpose of processing your order.
Choices Regarding the Use of Your Information
How to Discontinue Receiving OpitShot® Golf Email Publications.
To stop receiving OpitShot® Golf email publications, click unsubscribe at the bottom of any and all email communications sent from OptiShot Golf.
How do we Protect the Security of Your Information?
Protecting your privacy and your information is a top priority at OpitShot® Golf. We have taken careful measures to help prevent the loss, misuse, and alteration of your information. Once we receive your information that was entered into our web services, it is stored behind a firewall. All OpitShot® Golf employees are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs. If you order software or services from us, we may share your information with a third party solely for the purpose of processing your order. In any instance where you have discovered or suspect fraud, you need to contact your credit card companies immediately. Please be assured that all of your information is communicated via a secure connection using industry standard internet security protocols.
Notification of Changes.
What Happens if you Communicate with Us.
When you send an email to us or visit the web site, you are communicating with us electronically. When you send an email to us, you consent to receive communications from us electronically in response. We may communicate with you by email, or by updating or posting notices on our web site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. All communications with us become the property of OpitShot® Golf.