We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will post notices on frequently visited areas of this site. This Agreement may not be otherwise amended except in a written form signed by you and Putter Swap This Agreement is effective on January 1st, 2007 for new registrations, and is otherwise effective on January 1st, 2007 for all users registered prior to January 1st, 2007.
Putter Swap is only a Venue
Our web site acts as a venue to allow eligible members to offer, sell, and buy golf related products via "online auctions" or "classifieds." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
User Identity verification
Putter Swap may use techniques to attempt to identify our users when they register to use our site. However, due to the difficulty of verification over the internet, Putter Swap can not and does not claim to have confirmed each user's identity as submitted.
Release
In the event of a dispute with one or more users, you release Putter Swap, it's officers, employees, agents and suppliers, form all claims, demands, actual or consequential damages of any nature, known and unknown, disclosed and undisclosed, arising from or connected with any such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims with the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
Information control
We do not control the information made available by our users that is posted online or otherwise made available through our system. There may be risks involved when relying on the information posted, or transacting with users based upon such information.
No Agency
You and Putter Swap are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Warranty
Putter Swap and our suppliers provide this service "as is", without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness of use, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Site Accessibility
Due to the nature of the internet and network connections, we can not and do not guarantee the availability, functionality, or speed of access to this website. We can not and do not guarantee against the loss of information, data, or pictures residing on our computers, resulting from hardware, software, or human error. It is possible that certain users will have faster or more complete access to this website, based upon their geography, computer, or internet connection.
Liability Limit
In no event shall Putter Swap, our subsidiaries, officers, employees, agents, or affiliates be liable for lost profits or any special, incidental or consequential damages arising from or in connection with our site, your use of our site, our services, or this agreement. Our liability, and the liability of our officers, employees, agents, and affiliates, to you or any third parties in any circumstance is limited to the greater of A) the amount of fees you pay to us in the 12 months prior to the action giving rise to the liability, or B) $100. Some States do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
Indemnity
You agree to indemnify and hold Putter Swap, it's officers, employees, affiliates, agents, and affiliates, harmless from any claim or demand, including attorneys' fees, made by any third party due to your direct or consequential use of this site or breach of these Terms.
Access and Interference
You agree that you will not use any robot, spider, or any other automated or manual process, to monitor, copy, or otherwise publicly display the content on this site without our express written permission. You agree that you will not engage in any activities that pose unreasonable or excessive load on our web site infrastructure. Putter Swap reserves the right to deny access, not respond, or otherwise limit usage of this site, for any reason, at any time.
Intellectual Property, Copyrights
You agree than any images or text you submit to Putter Swap were either created by you, or you have the written permission of the owner of such materials. The use of copyrighted materials in any submission to Putter Swap without the written permission of the owner is not permitted. These materials would include any text or images from manufacturers websites which are either copied or linked. In essence any images or text not created by you is not permitted. Intellectual propery owners may email service@putterswap.com with the item number or a link to copyright violations and they may expect a reply within 48 hours.
Termination
Putter Swap, in its sole discretion, reserves the right to terminate this agreement, any account, listing, or access privileges at any time, with or without prior warning, for any reason including but not limited to: breach of the above terms, failure to follow Putter Swap staff direction, failure to complete transactions, abuse of any methods, tools, or services provided, use of profanity, racial slurs, or hate speech and behavior un-befitting a member of Putter Swap community. You may terminate and ask to remove your account, listings, or other saved information at any time for any reason. However, Putter Swap reserves the right to maintain a record of your activities after termination of your account.
General
This Agreement shall be governed by the laws of the State of Ohio as applied to agreements entered into and to be performed entirely within Ohio by Ohio residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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