Terms of Use

Sunset Golf, LLC

Website Terms of Use

Revised as of 15 September 2009

PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

IF YOU DO NOT AGREE WITH IT, DO NOT USE THIS WEBSITE.

Sunset Golf, LLC and/or its affiliates (collectively, "Sunset") operate the Sunset website located at www.sunsetgolfballs.com, all pages residing at this domain and all websites owned and operated by Sunset (collectively, the “Website”). The Website is offered to you, as user (“User”), conditioned on your acceptance, without modification, of the terms and conditions contained herein. By using the Website, you are agreeing that you have read and understood these Terms of Use and agree to comply with and be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet and to the activities involved in using the Website. Please review the following terms carefully.

Sunset reserves the right to change these terms and conditions and the content of the Website and terminate your access to Sunset Sites at any time without notice.

Visitor Online Conduct

You agree to use the Website only for lawful purposes.

You agree to use the Website only for its intended purposes.

You agree not to disrupt the Website.

You agree not to interfere with or compromise the security of the Website.

You agree not to disrupt or interfere with any other visitor’s use of the Website.

You agree that you are solely responsible for any actions you undertake while visiting the Website and that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to the Website and the Internet, including United States copyright laws and export restrictions.

You represent and warrant that all information that you provide to gain access to the services provided by the Website is accurate and truthful.

Access to the Website is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by Sunset at the Website. Any access of or attempt to access other areas of the Sunset computer system or other information contained on the system, or any Sunset computer, server, account, network, data, software and/or other hardware whether or not associated with the Website for any purposes is strictly prohibited. You may not use any information contained on the Website other than in connection with a legitimate business purpose.

Sunset reserves the right to prohibit any conduct involving the Website that it deems to be inappropriate.

Accuracy of Content

All information, content and material comprising or made available on the Website (“Content”) serves informative purposes only and is not binding upon Sunset. Sunset recommends that Users exercise their own skill and care with respect to their use of the Website and that Users carefully evaluate the accuracy, currency, completeness and relevance of the material on the Website for their purposes. Sunset does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Sunset makes no representation that the information contained on the site is appropriate or available for use in all countries.

We may, in our sole discretion and at any time, change Website Content or these Terms of Use, or modify or discontinue the Website or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any revised Terms of Use.

Product Orders

Nothing contained in the Website shall constitute an offer by Sunset to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of the Website until a User places an order, and it is then accepted by Sunset. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.

Compliance with Law

The Website is owned by Sunset. Visitors who choose to visit the Website do so on their own initiative. Unless otherwise specified, the Website is presented solely for the purpose of promoting programs, products and services of Sunset available in the United States and such other countries where permitted by U.S. and local law. The Website is controlled and operated by Sunset from its offices in the State of Ohio, United States of America. Sunset makes no representation that Materials in Sunset Sites are appropriate or available for use in other locations. Those who choose to access Sunset Sites from other locations do so on their own initiative and are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of the Website and the information, content, material and services contained herein.

Copyright, Trademark and Intellectual Property

All Content (including, without limitation, any text, graphics, computer source code, object code, html code or other code comprising the Website) is owned by or licensed to Sunset. The copyright in and to the Website and all Content is owned by Sunset. Sunset retains and reserves all rights in and to the Website and all Content. The reproduction, distribution, transmission, display or use of the Website and any Content is prohibited without the prior written consent of Sunset.

Sunset grants you permission to display, copy, distribute, print and/or download the Content on the Website for your personal use only. Except as expressly authorized by Sunset, if you display, copy, distribute, print and/or download the Content on the Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Website and the Content.

The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of such permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.

“Sunset”, “Ecoball” and the Sunset logo are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Sunset and may not be used, copied or imitated without the prior written consent of Sunset.

Sunset’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Sunset. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on the Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in the Website on any other website or server.

Digital Millennium Copyright Act, Transmission of Third Party Content

Sunset, pursuant to the Digital Millennium Copyright Act, has designated an agent to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, or you have been authorized to act on behalf of someone who does, you may notify Sunset by providing our designated agent the following information:

  1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  2. Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
  3. Your address, telephone number and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
  6. Your electronic or physical signature.

Our designated agent can be reached by regular mail at 326 N. Water Street, Loudonville, OH  44842.

Third Party Content

References on the Website to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Sunset’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. Sunset is not responsible for the availability, content or any use of such referenced sites and/or organizations.

Sunset may display Content supplied by visitors and other third parties on its Website. Sunset maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

SUNSET AND AFFILIATED PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

SUNSET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ANY CONTENT COMPRISING THE WEBSITE SUPPLIED BY THIRD PARTIES.

SUNSET SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THE WEBSITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THE WEBSITE SUPPLIED BY THIRD PARTIES.

Editing, Deleting and Modification

Sunset reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any Content, feature, aspect, product or service comprising, or available through, the Website at any time.

Indemnification

You agree to indemnify, defend and hold Sunset and Affiliated Parties harmless from any damages, liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Use.

Disclaimers

THE WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” SUNSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THE WEBSITE, THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. SUNSET DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES, THAT A VISITOR’S USE WILL BE CONTINUOUS, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THAT DEFECTS WILL BE CORRECTED. THE WEBSITE MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. SUNSET DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

SUNSET HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU AGREE TO VISIT THE WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THE WEBSITE AND ANY THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE SOLELY AT YOUR OWN RISK.

NOTHING ON THE WEBSITE CONSTITUTES INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER.

Limitation of Liability

SUNSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE.

FURTHER, NEITHER SUNSET, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF SUNSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SUNSET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

Use of Information

Sunset reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures Sunset has taken and what information we retain from your visit to the Website, please read our Privacy Policy which is incorporated herein by reference.

Links to Other Websites

The Website may contain links to other Websites. We are not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by Sunset. Inclusion of any linked Website on the Website does not imply approval or endorsement of the linked Website by Sunset. If you decide to leave our Website or access these third-party sites, you do so at your own risk. Sunset is not responsible for the content or the existence of third parties’ websites and is not liable for damages, irrespective of their nature, incurred by the use or the non-use of third parties' Websites.

Venue and Jurisdiction

Claims relating to the Website, to the use of the Website, and to the information, content, material and services available through the Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from the Website and any information received from or through the Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.

Change of Terms

By using the Website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use the Website.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Entire Agreement

These Terms of Use constitute the entire and only agreement between you and Sunset and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

No Waiver

The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acceptance

I understand that by using the Website, I am subject to the Terms of Use set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such Terms of Use.

IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, YOU MAY NOT USE THE WEBSITE.

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