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LEGAL
HOME > LEGAL
Terms and Conditions of Use
Welcome to the ABONG.COM website
("Site"). Your access and use of our website at www.abong.com is subject to the
following terms and conditions ("Terms") and applicable laws. By visiting our
Site, you are accepting these Terms, as well as our Privacy Policy without
limitation or qualification. If you do not agree to these Terms
or our Privacy Policy, please do not use or visit our Site, and do not disclose
any information to us. Certain services or other offerings made available on
this Site may have additional terms and conditions that apply, and which can be
viewed either on the pages containing such services or offerings, or via a link
on those pages or other directions to the additional terms and conditions.
Unless otherwise provided, these Terms apply to every website maintained by
ABONG.COM and its subsidiaries.
Changes to Terms
ABONG.COM may, at its sole discretion, modify or revise these Terms at
any time by updating this posting. You are bound by any such modification or
revision. If we change these Terms, we will notify you by posting the revised
Terms on our Site. It is your responsibility to periodically revisit our
Site. We may also notify you by sending you an email notification to the email
address that you provided to us. It is your responsibility to provide us with
your current email address.
Use of this Site
ABONG.COM maintains this Site for your personal information,
entertainment, education, and communication. You may view and download material
displayed on this Site only for non-commercial, personal use; provided, however,
that you also retain all copyright and other proprietary notices contained on
the materials. You may not, however, distribute, transmit, modify, reuse,
repost, or use the content of this Site for public or commercial purposes,
including, without limitation, the text, image_dir, audio and video without
ABONG.COM'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. ABONG.COM reserves all rights to all materials
listed on this Site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ABONG.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ABONG.COM 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, ABONG.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ABONG.COM DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM ABONG.COM ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ABONG.COM 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.
TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABONG.COM SHALL NOT UNDER ANY
CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR: ANY
LOSS OF PROFITS, EARNINGS, GOODWILL, OR ECONOMIC LOSS OR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS SITE
(INCLUDING WITHOUT LIMITATION, INFORMATION COLLECTED FROM YOU, THE USE,
INABILITY TO USE THE SITE, OR OPERATION OF THE SITE, OR INFORMATION ON THE
SITE).
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABONG.COM'S
LIABILITY ARISING FROM OR RELATING TO THIS SITE (INCLUDING WITHOUT LIMITATION,
INFORMATION COLLECTED FROM YOU, THE USE, INABILITY TO USE THE SITE, OR OPERATION
OF THE SITE, OR INFORMATION ON THE SITE) SHALL NOT EXCEED TWENTY (US$20) UNITED
STATES DOLLARS.
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.
Intellectual Property
Unless otherwise provided, products, patents, product names, designs,
graphics, logos, titles, text, image_dir, button icons, data compilations,
software, audio, video and all other all content within this Site are the
trademarks, service marks, trade names, copyrights, patents or other property of
ABONG.COM ("ABONG.COM Intellectual Property"). All other unregistered
and registered trademarks are the property of their respective owners. Nothing
contained on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any ABONG.COM
Intellectual Property displayed on this Site without ABONG.COM's written
permission in each instance.
ABONG.COM has expended and continues to
expend large amounts of money and employee time for research and development. As
a result of our substantial activities ABONG.COM has produced and continues
to produce technologically-advanced, innovative, quality products
incorporating ABONG.COM Intellectual Property which is protected by a
patents, trademarks and other rights granted to ABONG.COM
under international, federal and state statutory and common law. Accordingly,
ABONG.COM expects that third parties will respect its intellectual property
rights. ABONG.COM vigorously enforces its intellectual property rights,
whether infringement takes the form of imitation products, unauthorized use of
trademarks or copyrights or in any other manner.
Communications with this Site
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could constitute
or encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any applicable law. ABONG.COM will
fully cooperate with any law enforcement authorities or court order requesting
or directing ABONG.COM to disclose the identity of or help identify or
locate anyone posting any such information or materials.
ABONG.COM
appreciates your comments, however, please do not send us any creative ideas,
original materials, or suggestions relating to new products, modifications to
existing products or marketing plans.
If you do provide ABONG.COM
with content, ideas or information, or provide materials, including but not
limited to algorithms, concepts, data, designs, developments, documentation,
discoveries, HTML code, inventions, know-how, methods, multimedia files,
software code, procedures, programs, service marks, techniques, text, trade
names, trademarks and web pages (collectively, "Provided Information"), whether
by email, posting to the Site or otherwise, unless we indicate otherwise in
writing, then you hereby grant ABONG.COM and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such Provided Information and to manufacture, have
manufactured, sell and have sold products and services embodying such Provided
Information, throughout the world in any manner now known or later discovered,
except to the extent that our use of your personally identifiable information may be restricted under our then current Privacy Policy.
Privacy
We recognize that consumers are concerned about how the information they
provide online will be used. See our Privacy Policy for further
information.
Illegal Behavior
You agree not to: (i) use the this Site for any illegal purpose, in violation
of any applicable laws or regulations; (ii) publish web pages that contain links
that initiate downloads of infringing or other illegal material; (iii)
electronically harass another; or (iv) engage in any Internet activities that
would violate any privacy rights of others.
Links to other Websites
The Site may from time to time display links to other websites or resources
sponsored by third parties solely as a convenience to you. ABONG.COM does
not endorse, and is not responsible or liable for, the contents of such
third-party websites. Various third-party websites may provide links to this
Site. We have not reviewed all of the third-party websites linked to this Site.
We are not responsible for the content of any off-site pages or any other
websites linked to this Site. If you decide to access linked third-party
websites, you do so at your own risk.
United States Governing Law
These Terms are governed and interpreted pursuant to the laws of the State of
California, United States of America, without reference to its provisions
concerning conflicts of law. If any part of these Terms is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.
Dispute Resolution
[ARBITRATION]
[Any dispute relating in any way to your visit to
ABONG.COM or the validity or interpretation of these Terms, or performance
hereunder shall be submitted to confidential arbitration in Los Angeles,
California, except that, to the extent you have in any manner violated or
threatened to violate ABONG.COM's intellectual property rights, Cleveland
Golf may seek injunctive or other appropriate relief in any court of competent
jurisdiction. Arbitration under these Terms shall be conducted under the
Commercial Rules of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Terms shall be joined to an arbitration involving any other party
subject to these Terms, whether through class arbitration proceedings or
otherwise. The arbitrator shall not have the power to award punitive damages,
treble damages, or any other damages which are not compensatory, even if
permitted under the laws of the State of California or any other applicable
law. Unless otherwise directed by the arbitrator, the parties shall bear their
own costs and expenses that are reasonable and necessary to participate in such
arbitration, including, without limitation, attorneys' fees.]
[OR
CONSIDER TRIAL IN COURTS]
[Any and all dispute(s) concerning the
validity or interpretation of these Terms, or performance hereunder, shall be
brought exclusively in a court of competent jurisdiction located in the County
of Los Angeles, State of California, which shall constitute the exclusive venue
for any such dispute(s).]
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