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Terms of Service

Welcome to OptiShotGolf.com and OptiShotLive.com websites (the "Sites") which is owned and operated by OptiShot® Golf ("OptiShot® Golf"). OptiShot® Golf makes available for your use on the Sites certain content (the "Content") and services (the "Services"). Your access to and use of the Sites and the Services are subject to these Terms of Use ("Terms of Use") and all applicable laws. Your use of the Sites constitutes your agreement to all of the terms contained herein.

We reserve the right to change the Terms of Use at any time without prior notice and by using the Sites subsequent to any revision of the Terms of Use, you agree to be bound by such changes.

Note to Children: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THESE SITES OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THESE SITES. REGISTRATION FOR SERVICES BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.

1. Age and Responsibility. You represent that you are of sufficient legal age to use these Sites and to create binding legal obligations for any liability you may incur as a result of the use of these Sites. You understand that you are financially responsible for all uses of these Sites by you and those using your login information. If any of the services on the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a login and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OptiShot® Golf immediately of any unauthorized use of your account or any other breach of security. OptiShot® Golf will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OptiShot® Golf or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

2. OptiShot® Golf Privacy Statement. Registration data and certain other information about you is subject to our Privacy Statement (click here). You understand that through your use of the Services you consent to the collection and use of this information as set forth in the OptiShot® Golf Privacy Statement.

3. User Conduct. While on these Sites, you may not:

Collect or post information about others without their consent;
Impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit or disseminate (collectively "Post") any message anonymously or under a false name;
Defame, harass, threaten, stalk, abuse or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
Post any obscene, pornographic, profane, or otherwise objectionable information or unlawful information;
Post any material that infringes any patent, copyright, trademark, trade secrets ("Intellectual Property") of any party, unless you are the owner of the Intellectual Property or have the permission of the owner to post or transmit such material;
Post any corrupted files, files that contain computer viruses or other destructive features, or any other software or programs that may corrupt of damage another party's computer;
Engage in any commercial activities, including advertising or offering to sell any goods or services;
Post chain letters, pyramid schemes, surveys, contests, charity requests or petitions for signatures;
Mass-post, cross-post, or post off-topic messages to any newsgroup, chat room or bulletin board service;
Spam* (see definition below);
Interfere with, restrict or inhibit other users of these Sites; or Knowingly solicit or collect personal information from a child 13 years or younger.
OptiShot® Golf defines "Spam" as the sending of electronic messages, individually or en masse, to people who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, an individual, or a nonprofit.

OptiShot® Golf may immediately terminate your access to the Sites or any portion of the Sites for violation of any of the foregoing rules of user conduct without notification.

4. Disclaimer of Warranties. The Sites, Content and Services are provided "As Is". Your use thereof is at your own risk. While OptiShot® Golf uses reasonable efforts to ensure the accuracy, correctness and reliability of these Sites content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. OptiShot® Golf, as well as any other party involved in creating, producing, or delivering the Sites including, without limitation, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Sites.

OptiShot® GOLF DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THESE SITES AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITES, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OptiShot® GOLF IS NOT RESPONSIBLE FOR THOSE COSTS. OptiShot® GOLF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OptiShot® GOLF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITES.

5. Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER OptiShot® GOLF NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THESE SITES OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THESE SITES, EVEN IF OptiShot® GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITES. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

6. Monitoring. OptiShot® Golf has no obligation to monitor any member's use of the Sites or retain the content of any user session. However, OptiShot® Golf reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in OptiShot® Golf's possession, however obtained, about or related to you, your use of the Sites or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. OptiShot® Golf is not responsible for any failure or delay in removing content.

7. Ownership; Copyright. © OptiShot® Golf 2015. All rights reserved. Except where otherwise indicated, the Content featured or displayed on these Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belongs to OptiShot® Golf, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

The Content may not be used except as provided in these Terms of Use or without the written permission of OptiShot® Golf. OptiShot® Golf authorizes you to copy materials on this site to a hard drive solely for the purpose of viewing and using the Sites on your computer. You may also print portions of the Sites in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Sites. You may not sell or modify the Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content or the Sites in any way for any public or commercial purpose. Unauthorized use of the Content or the Sites on any other Sites or in a networked computer environment for any purpose is prohibited.

8. Trademarks. All of the trademarks, logos, and service marks appearing on the Sites (the "Trademarks") are the registered and unregistered trademarks of OptiShot® Golf and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on these Sites of the trademark(s) of any other party is not intended to imply OptiShot® Golf's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of OptiShot® Golf, its products or services.

9. Links to Other Sites. The Sites may contain links to sites not operated or maintained by OptiShot® Golf. These links are provided solely as a convenience to you and not as an endorsement by OptiShot® Golf of the content of such third party sites. OptiShot® Golf is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against OptiShot® Golf regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. OptiShot® Golf reserves the right to terminate any link or linking program at any time.

10. Unsolicited Submissions/Feedback. OptiShot® Golf does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, OptiShot® Golf makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on these Sites will be deemed non-confidential. OptiShot® Golf is free to use such information on an unrestricted basis.

11. International Use. OptiShot® Golf makes no representation of any kind that all content, materials and services on the Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the Sites from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.

12. Software Licenses. Any software that may from time to time be made available for downloading from the Sites is protected by copyright and may be protected by other rights. The use of such software is governed solely by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of any such license agreement or notice.

13. Governing Law and Venue. The rights and obligations of the parties shall be governed by, and these Terms of Use shall be construed and enforced in accordance with, the laws of the State of Michigan, excluding any rules that would apply the law of another jurisdiction. The parties hereto consent to the personal jurisdiction and the exclusive venue of all federal and state courts in Grand Traverse County, Michigan, for hearing all disputes under this Agreement.

14. Termination. OptiShot® Golf reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without notice.