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Disc Golf
Mart (DiscgolfMart.com) provides its services to you subject to the following
conditions. If you visit or shop at DiscgolfMart.com, you accept these
conditions. Please read them carefully. In addition, when you use any current or
future DiscgolfMart.com service (e.g., Your Profile, Gift Certificates) or visit
or purchase from any business affiliated with Disc Golf Mart, whether or not
included in the DiscgolfMart.com Web site, you also will be subject to the
guidelines and conditions applicable to such service or business. If these
conditions are inconsistent with such guidelines and conditions, such guidelines
and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to
DiscGolfMart.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit DiscgolfMart.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Disc Golf Mart or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of Disc Golf Mart, unless otherwise noted, and
protected by U.S. and international copyright laws. All software used on this
site is the property of Disc Golf Mart or its software suppliers and protected
by United States and international copyright laws.
TRADEMARKS
DISC GOLF MART, DISCGOLFMART.COM, and other Disc Golf Mart.com slogans,
graphics, logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Disc Golf Mart or its
affiliates in the U.S. and/or other countries. Disc Golf Mart’s trademarks and
trade dress may not be used in connection with any product or service that is
not Disc Golf Mart's, in any manner that is likely to cause confusion among
customers or in any manner that disparages or discredits Disc Golf Mart. All
other trademarks not owned by Disc Golf Mart or its affiliates that appear on
this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Disc Golf Mart or its affiliates.
LICENSE
AND SITE
ACCESS
Disc Golf Mart grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Disc Golf Mart. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Disc Golf Mart. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Disc Golf Mart and our
affiliates without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Disc Golf Mart’s name or trademarks without the
express written consent of Disc Golf Mart. Any unauthorized use terminates the
permission or license granted by Disc Golf Mart. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
DiscgolfMart.com so long as the link does not portray Disc Golf Mart, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Disc Golf Mart logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. Disc Golf Mart does sell products for children, but it sells them
to adults, who can purchase with a credit card. If you are under 18, you may use
DiscgolfMart.com only with involvement of a parent or guardian. Disc Golf Mart
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER
CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "Spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. Disc Golf Mart reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Disc Golf Mart and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Disc Golf Mart and its
affiliates and sub-licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify Disc Golf Mart or its affiliates for all claims resulting from content
you supply. Disc Golf Mart has the right but not the obligation to monitor and
edit or remove any activity or content. Disc Golf Mart takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Disc Golf Mart and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
RISK OF LOSS
All items purchased from DiscgolfMart.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Disc Golf Mart and its affiliates attempt to be as accurate as possible.
However, Disc Golf Mart does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by Disc Golf Mart itself is not as described, your sole remedy
is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured item
offered elsewhere. The List Price is a comparative price estimate and may or may
not represent the prevailing price in every area on any particular day.
With respect to items sold by Disc Golf Mart, we cannot confirm the price of an
item until you order. Despite our best efforts, a small number of the items in
our catalog may be mispriced. If an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES
AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DISC NATION ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DISC GOLF MART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISC GOLF MART DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISC GOLF
MART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
DISCGOLFMART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISC GOLF MART
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, 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 OR LIMITATION 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.
APPLICABLE LAW
By visiting DiscgolfMart.com, you agree that the laws of the state of Texas,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Disc Golf
Mart or its affiliates.
OUR ADDRESS
Disc Golf Mart
1218 Slaughter Lane, West
Austin, TX 78748
www.Discgolfmart.com
NOTICE
AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Disc Golf Mart with the written
information specified below. Please note that this procedure is exclusively for
notifying Disc Golf Mart and its affiliates that your copyrighted material has
been infringed.
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An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest.
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