Pinchaser, LLC (“Pinchaser”) maintains this website (the “Site”) as a service to our professional and amateur customers (respectively, “Pro User” and “Basic User”) and the businesses they represent (collectively, “User” or “you”). By using this Site, the User agrees to accept and abide by these Terms and Conditions of Use (“Terms”) and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms, do not use the Site. Pinchaser may revise or modify these Terms at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms as so revised or modified.
1. Laws And Regulations. User access to the Site is subject to any and all applicable federal, state and local laws and regulations.
2. Intellectual Property. All content included on the Site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of Pinchaser or its content suppliers and protected by United States and international intellectual property laws. The compilation of all content on this site is the exclusive property of Pinchaser and protected by United States and international copyright laws. All software used on this Site is the property of Pinchaser or its software suppliers and protected by United States and international copyright and/or patent laws.
3. Ownership/Limited License. Pinchaser owns all information, content, materials, and other items on the Site (collectively, the “Pinchaser Materials”). Subject to these Terms, Pinchaser grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and the Pinchaser Materials provided herein. Pinchaser authorizes User to view, print and use this Site and the Pinchaser Materials solely for User’s own personal, non-commercial purposes. This limited authorization is not a transfer of title in or to the Pinchaser Materials. User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the Pinchaser Materials; (ii) User may not modify the Pinchaser Materials in any way or reproduce or publicly display them; and (iii) User may not transfer the Pinchaser Materials to any other person or third party unless such person or third party agrees to accept and abide by these Terms. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the Pinchaser Materials on this Site for commercial or public purposes.
4. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE PINCHASER MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AS SUCH THIS SITE AND THE PINCHASER MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS OR BE UNAVAILABLE. PINCHASER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PINCHASER MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE OR YOUR ABILITY TO ACCESS THE SITE OR ANY PORTION THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PINCHASER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE SITE AND THE PINCHASER MATERIALS. PINCHASER DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM PINCHASER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINCHASER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR PINCHASER MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. User Data. The Site or features of the Site may allow certain posting and transmission of data by a User for the User’s personal, non-commercial purposes (which is accessible to the particular User and, to the extent authorized, to particular Pro Users), including User’s golfing data (“User Data”). User shall be solely responsible for his or her own User Data. Except as otherwise expressly stated, User Data shall be treated pursuant to the terms and conditions applicable to User Content (defined below).
9. Pro Users and Authorized Commercial Purposes. Pinchaser may grant access to User Data for commercial purposes provided that such access is authorized by User under this Section 9. A Pro User may be permitted to electronically invite Basic Users to grant the Pro User access to such invited person’s User Data for the purpose of offering golfing tips, notes, lessons, instruction and other similar information (an “Authorized Commercial Purpose”). Pinchaser will not grant the inviting Pro User access to a Basic User’s User Data until and unless the invited Basic User electronically accepts the invitation. Pro User may then access such accepting person’s User Data. Either of Basic User or Pro User may cancel the relationship facilitated by Pinchaser by requesting that Pinchaser cancel such facilitation by e-mail to email@example.com. An Authorized Commercial Purpose is strictly limited to facilitating the exchange of User Data for training and other similar purposes and does not include Pro User’s realization of other commercial gain through the sale or other use of User Data.
10. Examination Of Site; Removal Of Content. Pinchaser may examine User Content on the Site from time to time and Pinchaser maintains the absolute right (though not the obligation) in the sole discretion of Pinchaser to remove any User Content that does not meet the standards listed herein, which is in Pinchaser’s sole discretion otherwise objectionable or which is in Pinchaser’s sole discretion out-dated or of no further value to Pinchaser or its operations.
11. Subscription Services; Fees. Pinchaser may offer certain of its services through the Site (“Subscription Services”) upon User’s commitment to and actual payment of subscription fees (“Subscription Fees”). The Subscription Services will be renewed and the Subscription Fees charged on an automatically renewing monthly basis, unless earlier terminated, which automatic renewal User hereby consents to. To qualify for Subscription Services, User must provide Pinchaser and Pinchaser’s billing service provider with billing information, including valid credit card information. User will have all responsibility for maintaining and keeping this billing information current. Pinchaser will have no liability whatsoever for any claims related to billing or renewals unless such claims are due to Pinchaser’s own error. Pinchaser or its billing service provider will charge Subscription Fees to User’s credit card upon initial subscription and thereafter automatically on each subsequent monthly anniversary of the initial subscription date. If the monthly anniversary is ever a non-existing date, the Subscription Fee will be charged on the nearest preceding existing date. For example, if the monthly anniversary falls on April 31, the Subscription Fee will be charged on April 30. User authorizes Pinchaser and Pinchaser’s billing service provider to make and collect all such charges and authorizes User’s credit card issuer to pay all such charges. The rates associated with Subscription Fees are subject to change from time to time at Pinchaser’s discretion, upon 30 days notice to User, and do not include any amounts for taxes. User will pay all applicable taxes levied by any tax authority based on the Subscription Services and/or Subscription Fees.
User may terminate Pinchaser’s authorization to automatically renew Subscription Services and Pinchaser’s and Pinchaser’s billing service provider’s authorization to charge Subscription Fees at any time by submitting written notice to firstname.lastname@example.org, provided, however, that such authorization will not be effective to prevent Pinchaser or Pinchaser’s billing service provider from charging a Subscription Fee for a particular month unless Pinchaser receives such notice at least 15 days before the date of renewal. Pinchaser may immediately suspend or terminate the provision of Subscription Services to User in Pinchaser’s discretion, including without limitation if Pinchaser or Pinchaser’s billing service provider is unable to process any credit card payment.
Notwithstanding anything to the contrary above, Pinchaser may offer different services through the Site for different, or no, fees to Pro Users than it does to Basic Users, on such terms and conditions as Pinchaser in its sole discretion may determine.
12. Indemnification. You agree to indemnify, defend, and hold harmless Pinchaser, its directors, managers, officers, employees, agents, representatives, licensors, suppliers and/or members from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs resulting from: (a) any violation of these Terms; (b) any activity related to your Account Information (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your Account Information or computer); and/or (c) any User Content you submit or transmit through the Site in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any User Content you post or transmit through the Site.
13. Links. Pinchaser may provide hyperlinks on this Site which link to other sites. If User links to these sites, User will leave this Site and User does so at User’s own risk. Pinchaser makes no warranty or representation regarding any linked sites or the information appearing on such linked sites. The links do not imply that Pinchaser sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. Pinchaser prohibits caching, unauthorized hypertext links to this Site, or the framing of any Pinchaser Materials available on this Site. As such, Pinchaser reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Pinchaser Materials available on any other site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. Pinchaser is not responsible for such policies and expressly disclaims any and all liability related to such policies.
14. Pricing Errors. If a product listed on the Site has an incorrect price due to a typographical error or an error in pricing information, Pinchaser has the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the product and your order is cancelled, your account will be credited within 72 hours.
15. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL PINCHASER, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUPPLIERS AND/OR MEMBERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE PINCHASER MATERIALS AND/OR THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF PINCHASER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PINCHASER AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE PINCHASER MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATIONS ON DAMAGES.
16. Access To Protected/Secure Areas or Services. Access to and use of password protected and/or secure areas or services of this Site are restricted to authorized Users only. Unauthorized individuals attempting to access or use such areas or services may be subject to prosecution.
17. Digital Millennium Copyright Act. Pinchaser intends to comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). If you own a copyright or are the agent of a copyright owner, and you believe that any User Content infringes your copyrights, you may submit written notification to email@example.com, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted works, or a representative listing if multiple works are allegedly infringing on a single online site; (c) identification of the material which is claimed to be infringing and information reasonably sufficient to permit Pinchaser to locate the material; (d) information reasonably sufficient to permit Pinchaser to contact you, such as a telephone number, address or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a User whose User Content has been disabled or removed from the Site, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent or the law to post or transmit the content as User Content, you may send a counter-notice to firstname.lastname@example.org, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User Content was removed or disabled as a result of a mistake or misidentification of the User Content; (d) your name, address, telephone number and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the state of Michigan and will accept service of process from the person who provided notification to Pinchaser of the allegedly infringing material.
If the designated contact person at Pinchaser receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within ten business days. Pinchaser shall have the sole discretion to replace the User Content or enable access to the User Content at any time after ten business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
18. Disputes. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate Pinchaser’s intellectual property rights, Pinchaser may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
19. Securities Laws. This Site may include statements concerning Pinchaser’s operations, prospects, financial condition and demand for our products, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond Pinchaser’s control. The Site and the information contained herein do not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.
20. Information/Press Releases. This Site may contain information and press releases concerning Pinchaser. While this information was believed to be accurate to the best of Pinchaser’s knowledge when put on this Site, Pinchaser expressly disclaims any duty or obligation to update such information or keep such information current.
21. Termination. Pinchaser reserves the right to seek all remedies available at law and in equity for violations of these Terms. Pinchaser also reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms. Pinchaser may otherwise end this legal agreement with you at any time if you violate the Terms, if Pinchaser is required to do so by law, or, if Pinchaser determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. Pinchaser shall have the right to assign or transfer any rights or licenses granted by these Terms. Upon termination, any provisions of this agreement required to preserve the intent of the parties’ agreement as expressed in these Terms shall survive.
22. General. This Site is intended only for Users over the age of 18, or the age of majority in the User’s location, whichever is later. User agrees to review these Terms prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
Copyright © 2013 Pinchaser, LLC. All Rights Reserved.