HUDSONRIVERGOLF.COM TERMS AMD CONDITIONS August 1, 2010 Terms and Condition of Use This site may produce automated search results (including advertising) or may otherwise provide links to other web sites on the Internet. These web sites may contain some information or material that some people may find offensive inappropriate, or objectionable. These other or additional internet web sites are not under our specific control, and you acknowledge that our web site is not responsible for the accuracy of the information on any or all of those sites, the legality, the decency, or copyright compliance, or any other aspect of the content of other such web sites. The inclusion of such a link on our site does not imply, and should not be construed, that we indorse or agree with the web site. However we may have an indirect association with its owners or operators whereby we receive a small commission from your purchases from associated sites. PROPRIETARY RIGHTS You acknowledge and agree that all of the content and the materials that are available on this site are protected by copyrights, trademarks, patents, trade secrets, service marks, or other proprietary rights and laws. Except as expressly authorized by HudsonRiverGolf.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HudsonRiverGolf.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of HudsonRiverGolf.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at webmaster (at)HudsonRiverGolf.com. USER'S GRANT OF LIMITED LICENSE By posting or submitting content to this site, you: 1. Grant HudsonRiverGolf.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by will not infringe or violate the rights of any third party. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us. For information please contact us at webmaster (at)HudsonRiverGolf.com. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HUDSONRIVERGOLF.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL HUDSONRIVERGOLF.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STRATEGIC PROFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME STRATEGIC PROFITS JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HUDSONRIVERGOLF.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNIFICATION Upon a request by HudsonRiverGolf.com, you agree to defend, indemnify, and hold HudsonRiverGolf.com harmless and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. HudsonRiverGolf.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses. INTERNATIONAL USE HudsonRiverGolf.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. 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 FORUM These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HudsonRiverGolf.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and HudsonRiverGolf.com with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TERMINATION HudsonRiverGolf.com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. |
