When we refer to "Joe Kwok Golf," “JWK Golf,” "we," "our" or "us," it means JWK Golf Shop, LLC. JWK Golf is located at South San Francisco, CA, USA. The telephone number is (650) 787-3741. Unless otherwise noted, these Rules apply to every website maintained by JWK Golf and its corporate subsidiaries. Use of the Site:
Your use of this Internet site (this "Site") indicates your acceptance of the terms and conditions listed herein. JWK Golf reserves the right to revise these Rules at any time by updating this posting. Please check back periodically for changes. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.
JWK Golf maintains this Site and its contents for your personal information, entertainment and education. You may not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on this Site on any other server. The materials at this Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Rules, your right to use this Site will terminate automatically.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. The Contents and software on this Site may be used only for personal purposes.
Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. You may not 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 without JWK 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. JWK Golf reserves all rights to all materials listed on this Site.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of the Site by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via the Site; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive or repeated off-topic articles to newsgroups; (ix) engage in 'flooding', i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author's right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author's right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, Safari, etc).
Occasionally, an item offered for sale on our Site may be mispriced. We apologize for these errors and we will correct them when discovered. JWK reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event that your credit card has been charged for the purchase and your order is cancelled, JWK will issue a credit to your credit card account in the amount of the charge. You should check with your bank or credit card provider to determine when the credit will be posted to your account. All pricing and offers are subject to change without notice.
From time to time, this Site may feature golf tips, practice pointers, fitting information and instructional videos (collectively, the "Instructional Information") from a variety of sources. You are solely responsible for the proper use of the Instructional Information. JWK Golf is not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is JWK Golf responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on this Site. You should consult with your physician or other health care professional before beginning any type of exercise or training program or other physical activity.
The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. JWK Golf is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-sit pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk.
Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") is governed by these terms.
You hereby grant to JWK Golf an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) JWK Golf shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) JWK Golf shall not have any obligation to provide you with any credit when using your Submission; and (c) you waive any “moral rights” that you may have in the Submission. You understand that JWK Golf will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should JWK Golf use your Submission.
All testimonials, feedback, and other submissions disclosed, submitted or offered to JWK Golf on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain JWK Golf property. Such disclosure, submission or offer of any Comments shall constitute an assignment to JWK Golf of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
JWK Golf will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. JWK Golf will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. JWK Golf is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
JWK Golf does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant JWK Golf the right to use the name that you submit in connection with any Comments. You agree not to impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify JWK Golf and its affiliates for all claims resulting from any Comments you submit. JWK Golf and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. JWK Golf will fully cooperate with any law enforcement authorities or court order requesting or directing JWK Golf to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of JWK Golf. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or "spam" from others. JWK Golf cannot safeguard the privacy of personal information that is disclosed online in this manner.
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. JWK Golf cannot prevent the "harvesting" of information from this Site, and you may be contacted by JWK 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 JWK Golf, may or may not be posted to this Site at the sole discretion of JWK Golf and may be used by JWK Golf or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
While JWK Golf appreciates that consumers may want to share their ideas related to golf products, JWK Golf does not accept any unsolicited information, material, or other communication related to intellectual property including, but not limited to, any comments, suggestions, drawings, models, materials, and/or descriptions of ideas related to development, manufacturing, and/or marketing products or services.
Unless express written approval from JWK Golf is granted, any unsolicited information, material, or other communication provided to JWK Golf by electronic mail or otherwise, including, but not limited to, any concepts, techniques, know-how, questions, comments, suggestions, data, and/or the like will be treated as non-confidential and non-proprietary information.
JWK Golf is not obligated to maintain any unsolicited information, material, or other communication in confidence. Any unsolicited information, material, or other communication may be used by JWK Golf or its affiliates for any purpose including, but not limited to, broadcast, disclosure, posting, publication, reproduction, solicitation, and/or transmission without compensation to the person providing such information, material, or other communication. Further, any unsolicited submission to JWK Golf or its affiliates including, but not limited to, prototypes, marketing materials, and/or the like will not be returned to the sender.
Therefore, JWK Golf appreciates your comments, but please do not send to JWK Golf any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. JWK Golf does not accept such unsolicited products or marketing suggestions. Regardless, JWK Golf is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose without any compensation to the person sending such information.
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site.
We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.
Whenever you register, send us an email, purchase products from the Site, register on one of the Site, enter a contest, sweepstakes, or other promotion, subscribe to one of our newsletters, or otherwise transmit information via any of the Site, JWK Golf may obtain and collect personally identifiable contact information (expressed herein generally as "personal information") such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to your ability to "opt-out" of our future use or disclosure of such information.
If you wish to amend or delete any personal information you have previously provided without opt-out, please send us a message. We will endeavor to provide a simple way to review, correct, update or remove personal information you have given us.
JWK Golf will never disclose your email address to third parties for use in connection with any email marketing campaign of a third party or business partner.
JWK Golf may always use personal information in the following ways:
JWK Golf will not disclose your email address for use in connection with a third party's marketing efforts.
If you have not "opted-out" of our use and disclosure of your personal information, JWK Golf may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates and subsidiaries. JWK Golf may appoint third party agents in connection with such marketing and survey efforts. JWK Golf may disclose personal information to select business partners for use in connection with direct mail marketing efforts, but that personal information will not include your email address.
If you have "opted-out", JWK Golf will use or disclose your personal information only as stated above, or: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if you violate or breach an agreement with JWK Golf, (3) if we believe you will harm the property or rights of JWK Golf or those of JWK Golf's other customers, (4) under exigent circumstances to protect the physical safety of JWK Golf, its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
JWK Golf may share aggregate statistical information with business partners, sponsors or other third parties, but none of them receive individual identifying information about you. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women filled out registration forms, but we would not disclose anything that uniquely identifies those individuals.
JWK Golf does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have taken affirmative steps to subscribe. If you have inadvertently received one of our newsletters, or if you simply wish to stop receiving them, please follow the "unsubscribe" instructions contained in each newsletter or send a request to be unsubscribed.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by JWK Golf, one of its affiliates or by third parties who have licensed their materials to JWK Golf and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of JWK Golf and is also protected by U.S. and international copyright laws.
JWK Golf expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of JWK Golf intellectual property rights.
The JWK GOLF name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of JWK Golf. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Descriptions of, or references to, products, publications or sites not owned by JWK Golf or its affiliates do not imply endorsement of that product, publication or site. JWK 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.
You agree to defend, indemnify and hold harmless JWK Golf and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
THIS SITE IS PROVIDED BY JWK GOLF ON AN "AS IS" AND "AS AVAILABLE" BASIS. JWK GOLF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JWK GOLF OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE JWK GOLF WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JWK GOLF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JWK GOLF BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE.
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 JWK Golf intends to make such products or services available in such countries.
These Rules and your use of the Site will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any dispute arising out of these Rules or your use of the Site will be heard only in the state or federal courts located in South San Francisco, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts.
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