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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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