Legal Notice
TERMS AND CONDITIONS
OF USE.
This copyright notice applies to all proprietary pages,
images, text, programs, and other material available
throughout this Internet site (this "Site"). Your use
of this Site indicates your acceptance of the terms
and conditions listed herein, which may be revised at
any time by Nickent Golf. Use after any such revisions
indicates your acceptance of such revised terms and
conditions. If you do not accept such terms and conditions,
do not use the Site.
USE OF THIS SITE.
Nickent Golf maintains this Site for your personal
entertainment, information, education, and communication.
Please feel free to browse the Site. You may download
material displayed on the Site for non-commercial, personal
use only; provided, however, that you also retain all
copyright and other proprietary notices contained on
the materials. You may not, however, distribute, modify,
transmit, reuse, re-post, or use the content of the
Site for public or commercial purposes, including the
text, images, audio and video with out Nickent Golf's
written permission. You may not alter or interfere with
the content or function of this Site or download any
material from this Site for use at any other website,
including Internet auction sites. All materials on this
Site are copyrighted and misuse thereof may constitute
violation of copyright, trademark and other laws. Nickent
Golf reserves all rights to all materials listed on
this Site.
NO WARRANTIES; LIMITATION OF LIABILITY.
Nickent Golf does not represent or warrant that the
content of this Site is accurate or that its operation
will be error free or uninterrupted. You use the Site
at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. Nickent Golf also assumes no responsibility,
and shall not be liable for any damages to, or viruses
that may infect, your computer equipment, software,
data or other property on account of your access to,
use of, or browsing in the Site or your downloading
of any materials, data, text, images, video or audio
from the Site or any linked sites. In no event shall
Nickent Golf or any other party involved in creating,
producing, maintaining or delivering the Site, or any
of their affiliates, or the officers, directors, employees,
shareholders, or agents of any of them, be liable for
any damages of any kind, including without limitation
any direct, special, incidental, indirect, exemplary,
punitive or consequential damages, whether or not advised
of the possibility of such damages, or damages from
any theory of liability whatsoever, arising out of or
in connection with the use of, or your browsing in,
or your links to other sites from this Site.
INTELLECTUAL PROPERTY.
Unless otherwise noted, products, patents, product
names, designs, logos, titles, text, images, audio and
video within this Site are the trademarks, service marks,
trade names, copyrights, patents or other property of
Nickent Golf ("Nickent Golf Intellectual Property").
All other unregistered and registered trademarks are
the property of their respective owners. Nothing contained
on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use
any Nickent Golf Intellectual Property displayed on
the Site without the written permission of Nickent Golf.
Nickent Golf devotes millions of dollars and countless
hours every year to its research and development activities.
The result of this huge investment of time and money
are golf products which we believe are the finest, most
technologically advanced products available. The benefits
of these efforts are incorporated in our products and
many of these features are not apparent to the casual
observer, but are absent from other products which are
intended to be copies or "knock-offs" of genuine Nickent
Golf products. Nickent Golf Intellectual Property is
protected by a multitude of patents, trademarks and
other rights granted to Nickent Golf under international,
federal and state statutory and common law. Accordingly,
Nickent Golf expects that others will respect its intellectual
property rights. Nickent Golf vigorously enforces its
intellectual property rights, whether infringement takes
the form of "knock-off" products, unauthorized use of
trademarks or copyrights or in any other manner.
Trademarks
The following is a list of some of the trademarks owned
or licensed by Nickent Golf used on or with Nickent
Golf products:
Nickent, Nickent Golf, the "N" logo, Genex, GH Plus,
Hush Putter, 3D Weighting System and ARC are registered
trademarks of Nickent Golf Inc.
Pending registration: 3DX, SpeedRated, TriMAX and Cross.
Patent pending: ARC Wedge and Cross Wood.
UNAFFILIATED PRODUCTS AND SITES.
Descriptions of, or references to, products, publications
or sites not owned by Nickent Golf or its affiliates
do not imply endorsement of that product, publication
or site. Nickent Golf has not reviewed all material
linked to the Site and is not responsible for the content
of any such material. Your linking to any other sites
is at your own risk.
COMMUNICATIONS WITH THIS SITE.
You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law. Nickent
Golf will fully cooperate with any law enforcement authorities
or court order requesting or directing Nickent Golf
to disclose the identity of or help identify or locate
anyone posting any such information or materials.
Nickent Golf appreciates your comments, but please
do not send to Nickent Golf any suggestions, drawings,
models or other descriptions of any ideas related to
new products, modifications to existing products or
marketing efforts. Nickent Golf does not accept such
unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site
by e-mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary. Nickent Golf
cannot prevent the "harvesting" of information from
this Site, and you may be contacted by Nickent Golf
or unrelated third parties, by e-mail or otherwise,
within or outside of this Site. Anything you transmit
may be edited by or on behalf of Nickent Golf, may or
may not be posted to this Site at the sole discretion
of Nickent Golf and may be used by Nickent Golf or its
affiliates for any purpose, including, but not limited
to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, Nickent Golf is
free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site
for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products
using such information without any compensation to the
person sending such information.
Although Nickent Golf may from time to time monitor
or review discussion, chats, postings, transmissions,
bulletin boards, and the like on the Site, Nickent Golf
is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such locations
or for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger
or inaccuracy contained in any information within such
locations on the Site. Nickent Golf assumes no responsibility
or liability for any actions or communications by you
or any unrelated third party within or outside of this
Site.
UNITED STATES GOVERNING LAW.
This Site was developed in the United States of America
in accordance with and shall be governed by, and your
browsing in and use of the Site shall be deemed acceptance
of, the laws of United States of America, without regard
to the principles of conflicts of laws. Any dispute
in connection to your use of this Site shall be heard
only in a federal or state court of competent jurisdiction
located in the Los Angeles County, California, United
States of America. By using this Site, you consent to
the personal jurisdiction of such courts. If any of
the terms and conditions stated herein are found to
be unlawful or unenforceable for any reason, that provision
will be severable from the rest of these terms and conditions
and shall not affect the enforceability of the remaining
terms and conditions. This legal notice states the entire
agreement between us with respect to your use of the
Site, which agreement may only be amended in a writing
signed by an authorized officer of Nickent Golf. Notwithstanding
the foregoing, this Site may be viewed internationally
and may contain references to products or services not
available in all countries. References to a particular
product or service do not imply that Nickent Golf intends
to make such products or services available in such
countries.
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