StrideGolf provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any StrideGolf service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. StrideGolf reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, StrideGolf hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by StrideGolf in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by StrideGolf in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by StrideGolf in advance. StrideGolf reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if StrideGolf believes that customer conduct violates applicable law or is harmful to StrideGolf interests.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide StrideGolf, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and StrideGolf shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of StrideGolf and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant StrideGolf the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by StrideGolf will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead StrideGolf or third parties as to the origin of any Submissions or Content. StrideGolf may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to StrideGolf or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to StrideGolf. All software used on this Site (the "Software") is the property of StrideGolf or its Software suppliers. The Content, the Compilation and the Software are all protected by international copyright laws.
The use of any StrideGolf logo without StrideGolfs' express written consent is strictly prohibited. You may not use any StrideGolf expression in connection with any non-StrideGolf product or service or in any way that is likely to cause confusion. You may not use StrideGolfs' logo or service in any manner that disparages or discredits StrideGolf.
The risk of loss and title for items purchased by you pass to you upon StrideGolfs' delivery of the items to the carrier pursuant to StrideGolfs' standard terms of sale.
This Site may be accessed from countries other than Canada and the United States. This Site may contain products or references to products that are not available outside Canada. Any such references do not imply that such products will be made available outside Canada. If you access and use this Site you are responsible for complying with your local laws and regulations.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY STRIDEGOLF ON AN "AS IS" BASIS. STRIDEGOLF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STRIDEGOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. STRIDEGOLF DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIDEGOLF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRIDEGOLFS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO STRIDEGOLF DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO STRIDEGOLFS' LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, StrideGolf shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. StrideGolf shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, StrideGolf shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that StrideGolf is not responsible for the operation of or content located on or through any such site.
You agree that StrideGolfs' remedy at law for any actual or threatened breach of this Agreement would be inadequate and that StrideGolf shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that StrideGolf may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of StrideGolf shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by StrideGolf of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by StrideGolf in the province of Alberta, Canada. As such, the laws of the province Alberta will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
STRIDEgolf.com
106, 6919 Elbow Drive S.W.
Calgary, AB T2V 0E6
Canada
toll free 1-888-743-1256
Fax: 403.255.6609
Email: info@stridegolf.com