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LEGAL NOTICE
Acushnet Company Legal Notice (c) 2006 Acushnet Company. All rights reserved.
This Legal Notice (including the copyright notice contained herein) applies to all proprietary pages, images, text, programs, and other material available throughout this Internet site (this "Site").
Intellectual Property.
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of ACUSHNET COMPANY or its affiliates, as applicable (collectively, "ACUSHNET COMPANY's Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ACUSHNET COMPANY's Intellectual Property displayed on the Site without the written permission of ACUSHNET COMPANY.
ACUSHNET COMPANY devotes millions of dollars and countless hours every year to its research and development activities. The result of this huge investment of time and money are golf related products which we believe are the finest, most technologically advanced products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer, but are absent from other products which are intended to be copies or “knock-offs” of genuine ACUSHNET COMPANY products. ACUSHNET COMPANY’s Intellectual Property is protected by a multitude of patents, trademarks and other rights granted to ACUSHNET COMPANY under international, United States and common law. Accordingly, ACUSHNET COMPANY expects that others will respect its intellectual property rights. ACUSHNET COMPANY vigorously enforces its intellectual property rights, whether infringement takes the form of “knock-off” products, unauthorized use of trademarks or copyrights or in any other manner.
Use of this Site.
ACUSHNET COMPANY maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided, that you also retain all copyright and other proprietary notices contained on the materials. Any other use, including but not limited to the reproduction, modification, reuse, reposting, distribution, display or transmission of the content of this Site for public or commercial purposes, on other Internet sites (including Internet auction sites) or elsewhere is strictly prohibited, unless expressly authorized in writing by an authorized representative of ACUSHNET COMPANY. Changes periodically are made to the information contained in this Site.
Nothing in this Site shall be construed as an offer or other invitation to purchase or sell any goods or services. Any contractual or other binding commitment subsequently entered into regarding goods or services shall be subject to the standard terms and conditions of trading of the relevant ACUSHNET COMPANY dealer or such other terms and conditions as are agreed in writing.
The information is intended for Singapore residents and others who are able to view the information without causing a contravention of any national or local legal or regulatory requirements.
No Warranties; Limitation of Liability.
This Site and content appearing on this Site is provided "AS IS" and "AS AVAILABLE" and, to the extent permitted by law, without warranties of any kind, either expressed or implied, including but not limited to the implied warranties of satisfactory quality and fitness for particular purposes, accuracy and completeness or non-infringement. ACUSHNET COMPANY does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
ACUSHNET COMPANY also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.
In no event shall ACUSHNET COMPANY or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or any other consequential or pecuniary damages, including but not limited to loss of profits or loss of business, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this Site.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by ACUSHNET COMPANY or its affiliates do not imply endorsement of or responsibility for that product, publication or site. ACUSHNET COMPANY has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk, and you acknowledge and agree that ACUSHNET COMPANY is not responsible for the availability of such external sites.
Communications with this Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ACUSHNET COMPANY will fully cooperate with any law enforcement authorities or court order requesting or directing ACUSHNET COMPANY to disclose the identity of or help identify or locate anyone posting any such information or materials.
Although ACUSHNET COMPANY may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, ACUSHNET COMPANY is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. ACUSHNET COMPANY assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site. However, ACUSHNET COMPANY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ACUSHNET COMPANY in its sole discretion.
ACUSHNET COMPANY appreciates your comments, but please do not send to ACUSHNET COMPANY any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. ACUSHNET COMPANY does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to this site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. ACUSHNET COMPANY cannot prevent the "harvesting" of information from this site, and you may be contacted by ACUSHNET COMPANY or unrelated third parties, by e-mail or otherwise, within or outside of this site. Anything you transmit may be edited by or on behalf of ACUSHNET COMPANY, may or may not be posted to this Site at the sole discretion of ACUSHNET COMPANY and may be used by ACUSHNET COMPANY or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ACUSHNET COMPANY is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
Changes to this Legal Notice
ACUSHNET COMPANY reserves the right to change the terms and conditions contained in this Legal Notice from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether this Legal Notice has been changed. If you do not agree to any such change you must immediately stop using this Site.
Entire Agreement
This Legal Notice (as amended from time to time) together with the ACUSHNET COMPANY Privacy Policy and any documents referred to in this Legal Notice comprise the entire agreement between you and ACUSHNET COMPANY with respect to the matters contemplated by this Legal Notice.
Severability
Each provision of this Legal Notice excluding or limiting liability, shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Governing Law
This Legal Notice shall be governed by the laws of the Commonwealth of Massachusetts, United States of America,and by using this Site, you agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts.
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