nRange Golf GPS Terms of Service
Welcome to NRange Golf GPS which is provided by INFINITE SOLUTIONS. These terms and conditions of use ("Terms" or "Agreement") are a binding contract between INFINITE SOLUTIONS, LLC ("We", "Us", or "Our") and you ("You"). You must agree to these Terms before using the NRange Golf GPS Website (the "Site"). By using the Site, you agree to be bound by these Terms as well as the Privacy Policy on the Site. If you do not agree to all these terms, you are not authorized to use the Site. INFINITE SOLUTIONS provides the information and services on the Site to you conditioned upon your acceptance, without modification, of the terms.
NOTICE
The information available on the Site, including, without limitation, ratings, comments, guides, photos, directories, applications, logos, audio or video clips, and data (collectively "Content") may contain information relating to a hazardous activity. INFINITE SOLUTIONS does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.
INFINITE SOLUTIONS is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site.
Table of Contents
1. Agreement to Deal Electronically; Electronic Communications and Notices.
2. Privacy.
3. Changes to the Agreement.
4. Unauthorized Use of Your Account.
5. License to Use the Site and Application.
6. Submission of Comments; Prohibited Content and Conduct.
7. Your Representations and Warranties.
8. Indemnity.
9. DISCLAIMERS OF WARRANTIES.
10. Links to Third Party Sites.
11. Exclusive Remedy; Damage Exclusions & Limitations.
12. Tennessee State Law and Tenessee (Knox County) Forum; One-Year Statute of Limitations.
13. Miscellaneous; Entire Agreement.
14. Legal Notices.
By using the Site you agree to the following:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize INFINITE SOLUTIONS to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
2. Privacy.
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on Privacy Policy at the bottom of any page). The policy explains how certain information about you may be used. You acknowledge and agree that INFINITE SOLUTIONS may collect, use, exchange, and store information about you and your orders in accordance with our Privacy Policy.
3. Changes to the Agreement.
This Site and the App is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at the Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review them when you visit the Site. We will post a notice on the home page of the Site for thirty (30) days if we change the terms of this Agreement and your use of the Site after the effective date of any change will constitute your consent to the amended Agreement. For your convenience, a link to the current Terms of Use appears at the bottom of every page of the Site.
4. Unauthorized Use of Your Account.
All instructions transmitted by or received from anyone presenting your account id on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your account, whether or not made with your knowledge or authority. You agree to guard your account carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your account who is not intended to have authority to act on your behalf, please contact INFINITE SOLUTIONS immediately. You authorize INFINITE SOLUTIONS to refuse to accept any further orders placed under that account on your behalf-and INFINITE SOLUTIONS will use commercially reasonable efforts to block such orders.
5. License to Use the Site and Application
License: We hereby grant you the limited, revocable, non-transferable, non-sublicenseable license, under the rights INFINITE SOLUTIONS has in the Content, to view and use the Site and Application solely for the purpose of acquiring information in accordance with the Agreement. As between you and INFINITE SOLUTIONS, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by INFINITE SOLUTIONS, its affiliates, and its partners. Subject to applicable law, INFINITE SOLUTIONS reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 5 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither INFINITE SOLUTIONS nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
Termination: We may, at any time and without notice to you, terminate your access to the Site or Application or block your access to the Site or Application if:
o We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
o Requested by law enforcement or other government agencies; or
o Your account has extended periods of inactivity.
If applicable law requires us to provide notice of termination, we may give prior or subsequent notice by posting in on the Site or by sending a communication to any address (email or physical) that we have for you in our records. Upon termination of your account, your agreement with us under these Terms will also terminate, except that the following provisions survive the termination: Section 6 ("Submission of Comments; Prohibited Content and Conduct"); Section 8 ("Your Representations and Warranties"); Section 10 ("Indemnity"); Section 11 ("Disclaimers of Warranties"); Sec. 13 ("Exclusive Remedy; Damage Exclusions & Limitations"); Sec. 15 ("Miscellaneous; Entire Agreement"); and the Privacy Policy.
Refunds. If you purchase a subscription plan, we will refund in full the amount of the subscription up to 60 days after the date of purchase for any reason. After 60 days, the purchase is not refundable for any reason.
6. Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to INFINITE SOLUTIONS, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on the part of INFINITE SOLUTIONS, and INFINITE SOLUTIONS will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant INFINITE SOLUTIONS a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, INFINITE SOLUTIONS will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, INFINITE SOLUTIONS may sublicense these rights to third parties.
Under no circumstance is INFINITE SOLUTIONS responsible for any Submission to the Site or for the content of that Submission, nor shall INFINITE SOLUTIONS be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
Moderation & Posting Rules:
All blog posts and blog private messages must be in English. No other languages are permitted.
Although messages posted are not the responsibility of INFINITE SOLUTIONS and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any or no reason whatsoever. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.
You must only post in the relevant blog or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread (such as just 'LOL') are prohibited. Basically, don't spam or flood please. Thanks!
You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No warez links or crack how-tos or posts of a pornographic or sexual nature please. No links to inappropriate content please. This is a family friendly Site.
You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread (temporarily until people cool down or permanently) or request that members make no more than one more post on the subject (closing arguments.) You may not continue such "flame" topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.
Prohibited Content:
You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:
o untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
o infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
o of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
o unsolicited, undisclosed or unauthorized advertising;
o software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
o data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
o in violation of any applicable local, state, national or international law (including export laws).
Prohibited Conduct:
You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
o access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
o access, tamper with, or use services or areas of the Site that you are not authorized to access;
o alter information on or obtained from the Site;
o tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
o use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
o frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
o impersonate or misrepresent your affiliation with any person or entity;
o reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
o send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
o take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO THE SITE, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
7. Your Representations and Warranties.
You represent and warrant for the benefit of INFINITE SOLUTIONS and INFINITE SOLUTIONS's licensors and suppliers that:
o you are at least 13 years of age;
o you possess the legal right and ability to enter into this Agreement;
o all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
o you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Submissions;
o your Submissions are not defamatory, do not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
o you will keep your registration information current;
o you will be responsible for all use of your account even if such use was conducted without your authority or permission; and
o you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
8. Indemnity.
You agree to defend, indemnify and hold harmless INFINITE SOLUTIONS and INFINITE SOLUTIONS, LLC, and their subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
9. DISCLAIMERS OF WARRANTIES.
INFINITE SOLUTIONS PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFINITE SOLUTIONS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, APPLICATIONS, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. INFINITE SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFINITE SOLUTIONS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
10. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. INFINITE SOLUTIONS is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-INFINITE SOLUTIONS web Sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.
11. Exclusive Remedy; Damage Exclusions & Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
12. Tennessee State Law and Tenessee (Knox County) Forum; One-Year Statute of Limitations.
This Agreement is governed by the laws of the State of Tennessee U.S.A. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in Knox County, Tennessee, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. INFINITE SOLUTIONS's performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that INFINITE SOLUTIONS may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between INFINITE SOLUTIONS and you relating to the Site, the prevailing party will be entitled to attorneys' fees, costs and expenses.
13. Miscellaneous; Entire Agreement.
Assignment
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of INFINITE SOLUTIONS. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of INFINITE SOLUTIONS will be null and void. INFINITE SOLUTIONS has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and INFINITE SOLUTIONS with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and INFINITE SOLUTIONS regarding the Site and/or any order you place through it.
No Waiver
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
14. Legal Notices.
o Notice of Availability of Filtering Software: All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
o Notice of No Harvesting or Dictionary Attacks Allowed: YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO NRANGE GOLF GPS COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
o Notice Regarding Trademarks: The trademarks NRange Golf GPS, INFINITE SOLUTIONS, LLC and all other trademarks listed below or used in the Service are owned or used under license by INFINITE SOLUTIONS and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.
nRange and nRange Golf GPS are trademarks or registered trademarks of INFINITE SOLUTIONS, LLC in the United States and other countries.
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