SACKS PARENTE GOLF COMPANY
January 1, 2019
Who We Are:
This web site is operated by or on behalf of Sacks Parente Golf, LLC (“referred to as “SPG”, “we”, “our” and “us”). Sacks Parente’s registered address is:
2629 Townsgate Road – Suite 235
Westlake Village, CA 91361
Welcome to Sacks Parente’s Website:
Grant of License:
You will not display Widgets on any sites or pages that:
Contain, exhibit or refer to, in our discretion, material that is disparaging, derogatory or defamatory to us or any third party; Contain any sexually explicit material; Promote or depict violence or hate toward any persons or groups; Promote illegal activities; Promote alcohol, tobacco, illegal drug use or illegal gambling in any way;
Promote any investment schemes or provide financial advice; Promote or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Include Sacks Parente or any of its trademarks or variations thereof in their domain names without authorization from us; or Otherwise violate intellectual property rights of Sacks Parente.
Your Account on this Website:
In certain circumstances, our website may allow you to provide your opinion and feedback regarding our products, or you may be allowed special pricing for participating in marketing campaigns at the discretion of Sacks Parente, or Sacks Parente may offer for sale certain of its products on this website. In exchange, you may be required to create a username and password for your use. Select a non-obvious password and preserve your username and password with care; do not allow anyone to use your login credentials to access the website. Do not create more than one account or username for yourself, or create an account or username on behalf of another. You agree to immediately notify Sacks Parente in the event of any unauthorized use of your login credentials. Sacks Parente will not be responsible for any loss or liability resulting from the unauthorized use of your login credentials with or without your knowledge. You are fully and solely responsible for all activities that occur by use of your login credentials. When you provide or post information on the website, you agree to provide true, accurate and current information and to promptly update such information to keep it true, accurate and current. If you provide any information that is (or Sacks Parente reasonably believes to be) untrue or inaccurate, Sacks Parente may edit, remove or refuse such information and suspend or terminate your access to your account. Without incurring any responsibility or liability therefor, Sacks Parente reserves the right to take any action it deems necessary to ensure the security of the website and your account, including without limitation, terminating your account, changing your password or requesting additional authentication information from you. The security of your personal information is important to Sacks Parente. Sacks Parente agrees to take reasonable steps to ensure the safety of your personal information. Sacks Parente does not represent or guarantee your personal information is free from security threats or other vulnerabilities. Sacks Parente reserves the right to terminate your account if Sacks Parente, in its discretion, deems your account to be inactive for an extended period of time, and Sacks Parente shall have no liability whatsoever to you or any party in relation to such termination.
Your Content on this Website:
Sacks Parente does pre-screen content that you or other users post to the website and the website serves as a forum for users to describe their experiences with Sacks Parente’s products (however, Sacks Parente reserves the right to, at its discretion, delete user comments and posts without incurring any liability therefor.) Sacks Parente does not guarantee that any information is true, accurate or current or otherwise not false, misleading, inaccurate, fraudulent, deceptive or illegal. By posting any content or information to the website, you grant Sacks Parente a non-exclusive, non-revocable, worldwide and perpetual right to use any part of your posted information and content in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, create derivative works, sublicense, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your license to use this website or ability to post content hereto. You shall have no right or title to your username, which shall be Sacks Parente’s property. Your use of the website constitutes your consent to allow Sacks Parente to store content created by you, including your personal information on Sacks Parente’s host computers.
You also agree to observe and follow the following posting rules:
• You will not impersonate anyone else.
• You will not post any content that includes information that is false, misleading, inaccurate, fraudulent, deceptive or that promotes illegal activity.
• You will not post your personal information or solicit any personal information from other users of the website.
• You will not post any content or information in violation of any laws or regulations.
• You will not post content that is that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
• You will post only constructive information.
• You will not speculate or post rumors about Sacks Parente, Sacks Parente’s products or any other user.
• You will not post information that you do not own or control all rights to. You are fully and solely responsible for all content that you post.
• Without prejudice to Sacks Parente’s other termination rights, Sacks Parente may terminate your use of this website or ability to post content thereto, in whole or in part, for any violation of any of the foregoing terms and conditions.
Notice of Infringement Claims:
If you believe that your work has been improperly copied and posted to the website, please provide Sacks Parente with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the website and a statement by you made under penalty of perjury (in such form and substance as we may require) that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.
Notices for Complaints:
Attention: Legal Department
Sacks Parente Golf Company, LLC
2629 Townsgate Road – Suite 235
Camarillo, CA 93012, USA
Compromising the security of the website is prohibited and may result in criminal and civil liability. Sacks Parente may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. By way of illustration, Sacks Parente deems the following activity as attempts to compromise the security of the website: unauthorized access to information on Sacks Parente’s server computer or systems such as probes, scans, or vulnerability tests of the website, bypass or circumvention of the website’s authentication measures, interfering with service to any end user, interfering with or tampering with the website’s host computer or network facilitating any connection with or to the website, sending unsolicited emails, such as promotions or advertisements for products or services to Sacks Parente or any of the users of this website, attempts to overload Sacks Parente’s host computer or network, altering or cloning packet headers, e-mail headers or message headers. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of this website or any activity being conducted hereon. You also agree 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 website, except the search engine and search agents made available by Sacks Parente on this website or other generally available third party web browsers (e.g., Microsoft Explorer or Mozilla Firefox).
Sacks Parente’s Usage and Storage of Information:
Sacks Parente may establish standard practices and limits regarding the use of the website. Sacks Parente will have no liability for the preservation or deletion of any content or personal information maintained by the website or otherwise provided by you to Sacks Parente through use of the website. Sacks Parente reserves the right to modify its usage and storage of content and information from time to time.
Links to Third Party Websites:
This website may link to other websites owned or operated by third parties, or otherwise allow you to access your user account through third party social networking or similar websites or software applications. Sacks Parente has no control over these third-party websites or applications and shall have no liability for such websites or applications. Any references to any third-party names, marks, products or services, or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by Sacks Parente. Sacks Parente has no responsibility whatsoever for any content, practices, policies or acts of or by such third parties, nor does Sacks Parente make any warranties or representations whatsoever regarding such third-party content, practices, policies or acts.
Sacks Parente strives to post accurate product descriptions. Nevertheless, Sacks Parente does not represent or warrant that product descriptions or other content on this website are accurate, complete, reliable, current, or error-free. Should you find any item that is not as described, your exclusive remedy is to return it in unused condition and in its original packaging for a refund of your purchase price, subject to Sacks Parente’s applicable return policies.
Sacks Parente may, at any time, in its sole discretion and without notice, limit the quantity of items purchased per person, per account, per credit/debit card, per household or per order.
Risk of loss and title to items purchased through this website shall pass on to the purchaser upon our delivery of such item to the carrier.
THIS WEBSITE, ANY WIDGETS, AND THE INFORMATION AND CONTENT PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED, AND TO THE FULLEST EXTENT ALLOWED, BY LAW, SACKS PARENTE DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SACKS PARENTE DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE OR ANY WIDGETS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THIS WEBSITE OR WIDGETS, OR THE SERVER THAT MAKES ANY PART OF THIS WEBSITE AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY VIRUSES OR SECURITY COMPROMISING MECHANISMS. SACKS PARENTE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CODE OR CONTENT PROVIDED BY THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
Limitation of Liability:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SACKS PARENTE OR ITS PARENT COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DIRECTORS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST ANY OF THE RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, OR YOUR PURCHASE OF ANY ITEM THROUGH THIS WEBSITE, SUCH RELEASED PARTIES’ LIABILITY WILL NOT EXCEED U.S. $100.00 IN THE AGGREGATE. YOU AGREE TO FILE ANY CLAIM OR CAUSE OF ACTION YOU MAY BELIEVE YOU HAVE RELATING TO THIS WEBSITE (INCLUDING THE PURCHASE OF GOODS THROUGH THIS WEBSITE) WITHIN ONE (1) YEAR FROM WHEN SUCH CLAIM OR CAUSE OF ACTION ARISES.
You acknowledge that items made available on this website may include technology that is subject to customs and export control laws and regulations. By purchasing, from this website, you agree to comply with all applicable laws and regulations, including the Export Administration Act, and you represent and warrant that you shall not transfer the products to a foreign national or a foreign destination in violation of such laws, rules and regulations.
When you use this website or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be valid, binding and enforceable. You represent and warrant that the email address you provided to Sacks Parente is current and valid, and you agree to immediately update Sacks Parente on any change of email address, and you will be solely responsible for your email address’ failure or inability to receive communications at any given time.