Website Subscriber Agreement
Welcome to Hawk’s View Golf Club, LLC (“HAWK’S VIEW”) www.hawksviewgolfclub.com, providing access to HAWK’S VIEW. (“Website”). Please take a few minutes to review the Terms and Conditions of this Subscriber Agreement (the “Terms and Conditions”), which govern the use of this Website and create a contract between you and HAWK’S VIEW .Your use of this Website in any manner, whether browsing, offering your thoughts and ideas, or activating an account with us constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them, and that disputes that may arise under them will be governed by the laws of the State of Wisconsin, without giving effect to any conflict of laws principles.
HAWK’S VIEW reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use our Website.
The Website includes data, information and digital tools, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and services provided by HAWK’S VIEW, research organizations, user groups, contributing authors, analysts, end user data, and other individuals whose data appears on the Website (each, a “Provider”). The Content also includes certain Third-Party Content, as defined below. The Content is provided to HAWK’S VIEW for publication on HAWK’S VIEW’s digital properties, including this Website. Your use of the Website Content must follow the rules set forth herein (the “Usage Rules”). Any other use of the Content is a material breach of this Agreement. HAWK’S VIEW may monitor you use of the Content to ensure that you are following these Usage Rules.
HAWK’S VIEW grants to you a nontransferable license to use the HAWK’S VIEW Website as permitted by the Usage Rules. You may not transfer, redistribute, or sublicense the Program.
- Third Party Provider Content.
The third-party content on the Website is comprised of information submitted by third party Providers (“Third-Party Content”). HAWK’S VIEW, as licensor, is not responsible for accuracy of any Third-Party Content, and shall not be liable for any such Third-Party Content. The Provider of the Third Party Content is solely responsible for its content, warranties and claims that you may have related to such Third-Party Content.
- Usage; Conduct; Restrictions.
You may access and view the Content appearing on this Website for business purposes only, but may not resell the Content. You may download and/or copy certain portions of the Content for business use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way, and (c) do not make the Content available to any third party. HAWK’S VIEW (or the owner of the Third-Party Content, as applicable) reserves complete title and full intellectual property rights in any Content that you download from this Website, including, without limitation, images. HAWK’S VIEW’s delivery of Content to you via this Website does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; or (c) conducting fraudulent activity. You acknowledge that your use of certain user tools on the Website, such as the HAWK’S VIEW Business Challenge gauges and HAWK’S VIEW “What If” gauges are at your own risk and are dependent upon a variety of factors beyond the reasonable control of HAWK’S VIEW, including the accuracy of input data. HAWK’S VIEW is not accountable for the accuracy or completeness of any End User organization’s or any third-party data. HAWK’S VIEW cannot (and does not) make any representations or warranty concerning the accuracy or efficacy of these user tools as an organizational decision-making tool. You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by the Usage Rules and not to:
- Use the Website in any unlawful manner or in any manner that could damage, disable, overburden or impair the Website;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another’s account without authorization from HAWK’S VIEW;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Website that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Website; or
- “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. HAWK’S VIEW is not responsible or liable for the conduct of, or your interactions with, users of the Website (whether online or offline), nor is HAWK’S VIEW responsible or liable for any associated loss, damage, injury or harm. Although HAWK’S VIEW has no obligation to monitor any user conduct on the Website, HAWK’S VIEW reserves the right and has absolute discretion to monitor any user conduct on the Website at any time and for any reason without notice.
- Hyperlinks to Other Websites.
- Eligibility, Registration and Account.
Use of this Website is restricted to End Users who have been provided a subscription to the Website by certain registered subscribers to the web site. As a user of the Website, you represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one Website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
- You Are Responsible For Maintaining Your Account.
You have responsibility for maintaining the confidentiality and security of your account. YOU AGREE THAT YOU WILL NOT ALLOW OTHERS TO USE OR ACCESS YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your password and/or account. HAWK’S VIEW will not be responsible for any losses arising out of the unauthorized use of your account registration data. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF HAWK’S VIEW, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
- User Comments
Use of the Website and its Content provides the End User with access to certain blogs and other platforms where End User may submit materials such as reviews, comments, pictures, videos and other content, and give feedback, notes, messages or submit suggestions, ideas, comments, questions or other information, or to comment about the Website in general (“Comments”). If you decide to make a Comment, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). Comments must not be illegal, obscene, threatening or defamatory, and may not be an invasion of privacy, infringe on intellectual property rights, or be otherwise injurious or objectionable to third parties. All Comments are strictly the opinion of the user posting such reviews, and HAWK’S VIEW does not endorse or approve any such Comments or have any responsibility or liability for the accuracy, appropriateness or content of such Comments. Further, if you make a Comment you represent and warrant to HAWK’S VIEW, and accept responsibility for, the accuracy, appropriateness, and legality of the Comment. Note that any Comments sent to our Website shall be and remain the exclusive property of HAWK’S VIEW. Your submission of any such Comments shall constitute an assignment to HAWK’S VIEW of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. HAWK’S VIEW will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, including the name used to submit the Comment, without restriction and without compensating you in any way. HAWK’S VIEW has the right but not the obligation to monitor and edit or remove any activity or content submitted by you as a Comment. HAWK’S VIEW takes no responsibility and assumes no liability for any content posted by you or any third party.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO HAWK’S VIEW, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
- Trademarks and Proprietary Rights.
“Hawk’s View Golf Club, LLC”, the “Hawk’s View Golf Club, LLC Logo”, and other HAWK’S VIEW product or service names, logos or slogans that may appear on the Websites are trademarks of HAWK’S VIEW and may not be copied, imitated or used, in whole or in part, without the prior written permission of HAWK’S VIEW. You may not use any metatags or any other “hidden text” utilizing “Hawk’s View Golf Club, LLC” or any other name, trademark or product or service name of HAWK’S VIEW without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of HAWK’S VIEW and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by HAWK’S VIEW. The entire Content of this Website is subject to copyright, trademark, or other proprietary rights or licenses held by HAWK’S VIEW or a HAWK’S VIEW affiliate or by third parties who have licensed their rights to HAWK’S VIEW. All Content is copyrighted as a collective work under the U.S. and international copyright laws and HAWK’S VIEW owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and “frame” the Content in any manner or sell or attempt to sell the Content.
This Website and all Content available on this Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that HAWK’S VIEW, LLC shall not be liable for any damages of any kind related to your use of this Website. HAWK’S VIEW attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth herein, HAWK’S VIEW cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to product description or availability. HAWK’S VIEW reserves the right to correct any error, inaccuracy, or omission, or to change or update the Content without prior notice to you. HAWK’S VIEW does not make any representation, warranty or assurance that the Content, including but not limited to programs, data, information or tools will result in measurable improvement, higher levels of organizational performance, financial objectives and/or the attainment of higher scoring levels of End Users. HAWK’S VIEW is not a guarantor of the success of any organization, including End Users. Each End User shall rely on the Content at its sole and absolute risk. Any opinions or viewpoints expressed in the Content are attributable to the Provider and do not necessarily reflect the viewpoints or opinions of HAWK’S VIEW, its members, owners and officers.
- Limitations of Liability.
IN NO EVENT SHALL EITHER PARTY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF THE FIRST PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE LIABLE PARTY’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY.
The Terms and Conditions constitute the entire agreement between you and HAWK’S VIEW with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and HAWK’S VIEW with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by HAWK’S VIEW. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
- Venue for Disputes.
Any action relating to the use of the Website, catalogs or any transaction with HAWK’S VIEW must be brought in the state or federal courts located in Wisconsin.
Notwithstanding any of these Terms, HAWK’S VIEW reserves the right, without notice and in its sole discretion, to terminate your right to use the Website or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
To contact us please email, [email protected] or call 262-348-9900.