Effective December 1, 2022
The software suite is not intended for the use of children under 18 and no such person is authorized to use it. By using the software suite, you are representing that you are at least 18 years old. You also represent, by accessing or using the software suite, that you are of legal age to enter into legal agreements.
WARRANTY & CONDITIONS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SAGACITY GOLF, ALL INFORMATION CONTAINED WITHIN THE SOFTWARE SUITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Mobile Platform Availability. Sagacity Golf is not liable for costs or damage if for any reason, any portion of the software suite, is not capable of functioning as intended, including bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sagacity Golf. Sagacity Golf does not warrant the software suite to be uninterrupted or error free at all times.
Software Updates & Integrity. While Sagacity Golf makes every effort to provide accurate and secure information, we do not guarantee the information. Further, Sagacity Golf is not responsible or liable for incorrect or inaccurate information caused by the users or by any of the equipment or programming associated with or utilized in the software suite or by any technical or human error which may occur in the processing of any information related to the software suite. Sagacity Golf does not guarantee security of information that is transmitted, cached, downloaded, stored and/or otherwise replicated outside of the secure environment of this mobile platform.
Communications with this Software. You are prohibited from engaging with, posting or transmitting any unlawful, libelous, scandalous, defamatory, inflammatory, obscene, pornographic, profane, or threatening 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.
Termination of Use. Sagacity Golf reserves the right and sole discretion (but not the obligation) to prohibit you from using the software suite, and to cancel, terminate, modify or suspend any or all the software suite, or any portion thereof, and void such information in case of corrupt or affected administration, security issues, fairness, integrity, or any violation of these terms and conditions. Sagacity Golf is held harmless in such an event.
DISCLAIMER. SAGACITY GOLF ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR PROMOTED ON THIS SOFTWARE SUITE. IN NO EVENT SHALL SAGACITY GOLF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM RELIANCE ON THE MATERIALS PRESENTED; COSTS OF REPLACEMENT GOODS; LOSS OF USE, DATA OR PROFITS; DELAYS OR BUSINESS INTERRUPTIONS; OR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION WITHIN THIS SOFTWARE SUITE WHETHER OR NOT SAGACITY GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. You agree that all matters relating to your access to or use of this software suite shall be governed by the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to these TOU, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of these TOU. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THESE TOU.
Sagacity Golf makes no representation that information on this software suite is appropriate for your use. Those who access this software suite do so on their own initiative and are responsible for compliance with all applicable law.