Terms and Conditions
Overview
Use of Catch-72 Golf's ("Catch-72") website (the “Website”) may be monitored, tracked and recorded. Anyone using the Website expressly consents to the Terms and Conditions outlined herein, as well as to such monitoring, tracking and/or recording.
Agreement
Students and potential students (collectively, "Student") acknowledges and agrees that the use of the Website, including any and all information, statements, materials, articles, research, data, software, links to third party websites, products and services made available on or accessible through the Website (collectively, “Content”), is conditioned on Student’s adherence to these Terms and Conditions, and that such acceptance creates a valid and binding contract between Student and Catch-72. These Terms and Conditions are to be observed in addition to the terms of any agreement Student may have with Catch-72 and are not intended to modify or supersede the terms of such agreement(s), which agreement(s), in the event of any conflicting terms, will govern. By using the Website and the Content, Student further agrees: (a) to comply with U.S. law regarding the transmission of any information through the Website; and (b) not to use the Website for illegal purposes. If, at any time, Student does not wish to accept these Terms and Conditions, Student must discontinue use of the Website and any Content obtained from the Website.
No Representation, Solicitation, Recommendation or Offer
The Content is for Student’s personal use, and Catch-72 is not soliciting any action based upon its provision. Although the information contained in the Content is obtained or compiled from or based upon information that Catch-72 considers reliable, Catch-72 does not represent that such information is accurate, current or complete. Student acknowledges that: (a) the Website is provided for informational purposes only; (b) the Website may include information taken from third party sources; and (c) any reliance on any portion of the Content shall be at Student’s sole risk.
Intellectual Property
The Website, including the Content, is owned by Catch-72 and is protected under the copyright, trademark, data misappropriation, unfair competition or other intellectual property laws of the U.S. Third party trademarks and service marks on the Website are the property of their respective owners. The Website is further protected as a collective work and/or compilation under U.S. copyright and other laws. Using, copying, downloading, reformatting or storing any portion of the Website for other than personal, noncommercial use without the prior written consent of Catch-72 is expressly prohibited, unless such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory. Student agrees to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information and restrictions contained in any of the Content.
Disclaimer of Warranties
THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED "AS IS." CATCH-72 MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE WEBSITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE. CATCH-72 HAS NO RESPONSIBILITY TO MAINTAIN THE WEBSITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES THERETO. CATCH-72 DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH STUDENT’S EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CATCH-72 WILL CREATE A WARRANTY OR GUARANTY, NOR MAY STUDENT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CATCH-72 HAVE ANY LIABILITY TO STUDENT OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE WEBSITE OR ANY PORTION THEREOF. IN NO EVENT WILL CATCH-72 BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT STUDENT OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH STUDENT’S ABILITY OR INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY CATCH-72, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF CATCH-72 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR RESTRICTS CATCH-72'S LIABILITY IN RESPECT OF A BREACH BY CATCH-72 OF ANY DUTY OR LIABILITY IT MAY HAVE TO STUDENT UNDER APPLICABLE REGULATIONS OR LAWS, FRAUD, WILLFUL NEGLECT OR FOR DEATH OR PERSONAL INJURY CAUSED BY CATCH-72''S GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. IT IS STUDENT’S RESPONSIBILITY TO ENSURE THAT STUDENT MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES STUDENT MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE WEBSITE.
Indemnification
Student agrees to indemnify, defend and hold harmless Catch-72 from and against any and all losses, liabilities, judgments, fines, settlements, damages, costs and expenses (including attorneys’ fees) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings against Catch-72 (collectively, “Proceedings”) to the extent such Proceedings are based on or result from (i) Student’s inability to use the Website or any portion thereof, or any data, information, service, report, analysis or publication Student derives therefrom; (ii) Student’s breach or violation of any term or condition contained herein; or (iii) Student’s violation of state or federal securities laws or regulations or any other person’s rights, including but not limited to, infringement of any intellectual property, proprietary or privacy right of any third party.
Hyperlinks to or from Third Party Websites
The Website may contain links to websites sponsored and maintained by third parties. Such websites are not under the control of Catch-72, and Catch-72 does not investigate, monitor or review such third party websites for accuracy, completeness or conformance with applicable regulations, rules or laws. In addition, third party websites may contain links to the Website. Catch-72 is not responsible or liable for, and makes no representations or warranties concerning, the content of any such third party websites. The fact that Catch-72 has provided a link to a third party website, or that a third party website has provided a link to the Website, does not necessarily constitute an endorsement, authorization, sponsorship or affiliation by Catch-72 with respect to that website, its owners or its providers.
Computer Viruses
Student shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other students’ or potential students' access to the Website or to enable or impair its operation.
Suspicious Activity
If Catch-72 determines that Student is engaging in, or has engaged in, any suspicious activity, Catch-72 reserves the right to terminate Student’s access to all or part of the Website immediately and, if deemed appropriate by Catch-72 in its sole discretion, to notify any relevant government or regulatory authority of such activity.
Modifications to the Terms and Conditions
Catch-72 reserves the right, without notice and at its sole discretion, to modify any portion of these Terms and Conditions. Student should review these Terms and Conditions whenever accessing or using the Website. Student’s use of the Website after the posting of any changes to these Terms and Conditions will constitute Student's acceptance of these Terms and Conditions, as modified, and Student will be bound by any such changes as of the date they are first posted to the Website. Catch-72 expressly rejects any terms and conditions proposed by Student that are in addition to or that conflict with these Terms and Conditions and such proposed terms and conditions shall be of no force or effect.
Enforceability and Governing Law
If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of the State of Colorado (excluding any rules of law that would lead to the application of the laws of any other jurisdiction).
Confidentiality
Catch-72 will endeavor to maintain the confidentiality of personal information Student provides in connection with the use of the Website and the Content. Nonetheless, Student hereby acknowledges and agrees that any such information sent via the Internet may not be protected and there can be no assurance that such information will remain confidential. With the exception of personal information, any communication or material Student posts or transmits to Catch-72 over the Internet is, and will be treated as, non-confidential and non-proprietary. Student’s posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic, abusive, discriminatory or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law, is strictly prohibited. In addition, Student acknowledges and agrees that, subject to applicable law, Catch-72 may disclose Student’s name and other personal and financial information about Student to its employees, representatives, officers, directors, agents and/or affiliates with a legitimate need to know it, to any governmental or regulatory authority, or to any third party service provider (i) to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities, or (ii) for any other purpose described in any agreement Student may have with Catch-72.
For additional information regarding the confidentiality of Student's personal information, please refer to Catch-72’s Privacy Policy.
*These Terms and Conditions were last updated on February 13, 2016.
Use of Catch-72 Golf's ("Catch-72") website (the “Website”) may be monitored, tracked and recorded. Anyone using the Website expressly consents to the Terms and Conditions outlined herein, as well as to such monitoring, tracking and/or recording.
Agreement
Students and potential students (collectively, "Student") acknowledges and agrees that the use of the Website, including any and all information, statements, materials, articles, research, data, software, links to third party websites, products and services made available on or accessible through the Website (collectively, “Content”), is conditioned on Student’s adherence to these Terms and Conditions, and that such acceptance creates a valid and binding contract between Student and Catch-72. These Terms and Conditions are to be observed in addition to the terms of any agreement Student may have with Catch-72 and are not intended to modify or supersede the terms of such agreement(s), which agreement(s), in the event of any conflicting terms, will govern. By using the Website and the Content, Student further agrees: (a) to comply with U.S. law regarding the transmission of any information through the Website; and (b) not to use the Website for illegal purposes. If, at any time, Student does not wish to accept these Terms and Conditions, Student must discontinue use of the Website and any Content obtained from the Website.
No Representation, Solicitation, Recommendation or Offer
The Content is for Student’s personal use, and Catch-72 is not soliciting any action based upon its provision. Although the information contained in the Content is obtained or compiled from or based upon information that Catch-72 considers reliable, Catch-72 does not represent that such information is accurate, current or complete. Student acknowledges that: (a) the Website is provided for informational purposes only; (b) the Website may include information taken from third party sources; and (c) any reliance on any portion of the Content shall be at Student’s sole risk.
Intellectual Property
The Website, including the Content, is owned by Catch-72 and is protected under the copyright, trademark, data misappropriation, unfair competition or other intellectual property laws of the U.S. Third party trademarks and service marks on the Website are the property of their respective owners. The Website is further protected as a collective work and/or compilation under U.S. copyright and other laws. Using, copying, downloading, reformatting or storing any portion of the Website for other than personal, noncommercial use without the prior written consent of Catch-72 is expressly prohibited, unless such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory. Student agrees to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information and restrictions contained in any of the Content.
Disclaimer of Warranties
THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED "AS IS." CATCH-72 MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE WEBSITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE. CATCH-72 HAS NO RESPONSIBILITY TO MAINTAIN THE WEBSITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES THERETO. CATCH-72 DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH STUDENT’S EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CATCH-72 WILL CREATE A WARRANTY OR GUARANTY, NOR MAY STUDENT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CATCH-72 HAVE ANY LIABILITY TO STUDENT OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE WEBSITE OR ANY PORTION THEREOF. IN NO EVENT WILL CATCH-72 BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT STUDENT OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH STUDENT’S ABILITY OR INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY CATCH-72, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF CATCH-72 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR RESTRICTS CATCH-72'S LIABILITY IN RESPECT OF A BREACH BY CATCH-72 OF ANY DUTY OR LIABILITY IT MAY HAVE TO STUDENT UNDER APPLICABLE REGULATIONS OR LAWS, FRAUD, WILLFUL NEGLECT OR FOR DEATH OR PERSONAL INJURY CAUSED BY CATCH-72''S GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. IT IS STUDENT’S RESPONSIBILITY TO ENSURE THAT STUDENT MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES STUDENT MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE WEBSITE.
Indemnification
Student agrees to indemnify, defend and hold harmless Catch-72 from and against any and all losses, liabilities, judgments, fines, settlements, damages, costs and expenses (including attorneys’ fees) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings against Catch-72 (collectively, “Proceedings”) to the extent such Proceedings are based on or result from (i) Student’s inability to use the Website or any portion thereof, or any data, information, service, report, analysis or publication Student derives therefrom; (ii) Student’s breach or violation of any term or condition contained herein; or (iii) Student’s violation of state or federal securities laws or regulations or any other person’s rights, including but not limited to, infringement of any intellectual property, proprietary or privacy right of any third party.
Hyperlinks to or from Third Party Websites
The Website may contain links to websites sponsored and maintained by third parties. Such websites are not under the control of Catch-72, and Catch-72 does not investigate, monitor or review such third party websites for accuracy, completeness or conformance with applicable regulations, rules or laws. In addition, third party websites may contain links to the Website. Catch-72 is not responsible or liable for, and makes no representations or warranties concerning, the content of any such third party websites. The fact that Catch-72 has provided a link to a third party website, or that a third party website has provided a link to the Website, does not necessarily constitute an endorsement, authorization, sponsorship or affiliation by Catch-72 with respect to that website, its owners or its providers.
Computer Viruses
Student shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other students’ or potential students' access to the Website or to enable or impair its operation.
Suspicious Activity
If Catch-72 determines that Student is engaging in, or has engaged in, any suspicious activity, Catch-72 reserves the right to terminate Student’s access to all or part of the Website immediately and, if deemed appropriate by Catch-72 in its sole discretion, to notify any relevant government or regulatory authority of such activity.
Modifications to the Terms and Conditions
Catch-72 reserves the right, without notice and at its sole discretion, to modify any portion of these Terms and Conditions. Student should review these Terms and Conditions whenever accessing or using the Website. Student’s use of the Website after the posting of any changes to these Terms and Conditions will constitute Student's acceptance of these Terms and Conditions, as modified, and Student will be bound by any such changes as of the date they are first posted to the Website. Catch-72 expressly rejects any terms and conditions proposed by Student that are in addition to or that conflict with these Terms and Conditions and such proposed terms and conditions shall be of no force or effect.
Enforceability and Governing Law
If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of the State of Colorado (excluding any rules of law that would lead to the application of the laws of any other jurisdiction).
Confidentiality
Catch-72 will endeavor to maintain the confidentiality of personal information Student provides in connection with the use of the Website and the Content. Nonetheless, Student hereby acknowledges and agrees that any such information sent via the Internet may not be protected and there can be no assurance that such information will remain confidential. With the exception of personal information, any communication or material Student posts or transmits to Catch-72 over the Internet is, and will be treated as, non-confidential and non-proprietary. Student’s posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic, abusive, discriminatory or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law, is strictly prohibited. In addition, Student acknowledges and agrees that, subject to applicable law, Catch-72 may disclose Student’s name and other personal and financial information about Student to its employees, representatives, officers, directors, agents and/or affiliates with a legitimate need to know it, to any governmental or regulatory authority, or to any third party service provider (i) to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities, or (ii) for any other purpose described in any agreement Student may have with Catch-72.
For additional information regarding the confidentiality of Student's personal information, please refer to Catch-72’s Privacy Policy.
*These Terms and Conditions were last updated on February 13, 2016.