Privacy and Legal Policy
At Hole In One International we respect your right to privacy and we understand that, as a visitor to Hole In One International.com, you prefer to control your own personal information and preferences. For this reason, we may ask you to register or to provide personal information and preferences when you visit certain areas of Hole In One, International.com, download free software, request information, or subscribe to Hole In One, On Target newsletter.
We will guard the personal information you share with us to ensure the content, services, and advertising that we provide on Hole In One, International.com are always tailored to your current, designated preferences.
When you provide Hole In One International with your name (or alias), e-mail address, mailing address, or telephone number, and you do not “opt out,” Hole In One International and Hole In One International representatives and affiliates may use the provided information to alert you to product upgrades, special offers, updated information, classes, new services, and other Hole In One International information. Representatives and affiliates may include value-added resellers and authorized training partners. Beyond its representatives and affiliates, Hole In One International does not offer or allow the selling of any user-provided information to third parties.
Hole In One International respects the rights users give us when opting to receive e-mail communications and enforces internal policies to preserve those rights. It is our objective to retain the long-term ability to continue to communicate with our users.
If you do not want Hole In One International or Hole In One International representatives to contact you, you may “opt out” of this preference at any time, whether you’re online or contacting Hole In One International directly. As part of your preference flexibility, you’ll always have the option to opt back in and have Hole In One International contact you based on your previous or new preferences. For instructions, please see the section “Contact Us,” below.
If you choose not to register or provide personal information, you can still visit most Hole In One International websites; however, you will not have access to areas that require personal identification.
Personal information that you post to online forums is accessible by other forum participants.
The Hole In One International Flash Player has privacy settings that you may control.
Use of log files (cookies) and Shared Objects.
Hole In One International offers free membership to all holeinoneinternational.com visitors. In order to establish membership, visitors are requested to provide both personal information and preferences. This information is stored and protected by your user-established Member ID and Password.
There is an additional “Remember me” option. By selecting it, you allow Hole In One International to store your Member ID and password so you can access certain areas of the website without re-signing in. The sign-in information is stored until you explicitly sign out. It also allows you to return to any Hole In One International website on subsequent visits without having to re-enter your information. Hole In One International remembers you by placing a log file (cookie) that contains only enough information to identify you upon return visits. A “cookie” is a small line of text that is stored with your web browser for record-keeping purposes and helps Hole In One International provide better service to you. Your browser has options to accept, reject, or provide you with notice when a cookie is sent.
No information, other than that found in the Membership cookie, will be accessed by any Hole In One International system. Access to your membership information always requires both your Member ID and Password.
Hole In One International also utilizes visitor log files (cookies) and hosted tracking with our website. Once a user enters our site, a cookie follows them through their click stream path. Examples of information being collected by these cookies and the hosted tracking include the number of times a user came to our site(s), and the paths they took to get there. Hole In One International uses the data collected from website visitor cookies and hosted tracking in aggregate form only and does not collect any personally identifiable information. Use of this information helps us better understand what users are seeking and learning at our website(s) and helps us identify potential navigation issues.
We also gauge effectiveness of our communications by inserting transparent GIF images in our html e-mails. These GIF files are not unique identifiers and do not gather any personally identifiable information. They simply let us know the number of e-mails that have been opened.
Protection of your personal information
Hole In One International will always protect the personal information that you share with us. Hole In One International stores information internally in a controlled, secure environment. If, for example, you make a purchase online, we route all transactions through SSL (Secure Socket Layers) and will process your credit card number only to secure your current payment. The SSL transaction does not retain your credit card number subsequent to the transaction at hand and will not use the number for marketing purposes.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
If Hole In One International requests general demographic information, this information is limited to reporting purposes only; members remain anonymous. Phone numbers, e-mail addresses, and postal addresses are never shared for demographic reports with outside entities. Hole In One, International may occasionally present a special contest or promtion that is sponsored by another company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s), we will provide an up-front statement to that effect.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
Contact us
How to update your personal information and preferences: You can help Hole In One International maintain the accuracy of your personal information by notifying us when you change your name, address, title, phone number, e-mail address, or your content preferences. If at any time you wish to update your information or preferences, or you prefer to stop receiving communication from Hole In One International, feel free to contact us at any time.
Email: [email protected]
Postal Mail
Hole In One International
Attn: Privacy
6195 Ridgeview Court, Suite A
Reno, Nevada 89519
USA
If you change your e-mail or postal address, please contact Hole In One International. In order to make the appropriate corrections, please include both your old and new address.
Hole In One International would like to receive your comments and questions about this Privacy Policy: Please address comments or questions regarding the Hole In One International Privacy Policy to one of the addresses listed above (online, e-mail, or postal mail). Hole In One, International may occasionally update, amend, or change this Privacy Policy based on user feedback and as needed or appropriate. If we decide to materially change our privacy policy, we will post those changes to this privacy statement, and will e-mail the information to our users so that they are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. Users will always have a choice as to whether or not we use their information in accordance with, and in respect to, the posted privacy policy. If users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted.
Links
Hole In One International websites may contain links to other sites. Hole In One International assumes no responsibility for the content or the privacy policies and practices of such websites. Hole In One International encourages you to read the privacy statements of these linked sites; their privacy practices may differ from ours.
Hole In One International Terms of Use and Legal Information
Acceptance of Terms:
Welcome to the website (the “website”) of Hole In One International, Inc. (“Hole In One International”). On this website, Hole In One International makes available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Hole In One International and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. Hole In One International reserves the right, at Hole In One, International’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.
Use of Materials Limitation
All materials contained in the website are the copyrighted property of Hole In One International, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hole In One International, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from Hole In One International.
Privacy Policy
Hole In One International respects your desire for privacy. Your information may be stored and processed in the United States or any other country in which Hole In One International or Hole In One International representatives and affiliates maintain facilities. This information is highly protected and is stored in a secure and controlled environment. By using this site, you consent to any such transfer of information outside of your country and you consent to the terms of our Privacy Policy. Hole In One International abides by the principles set forth in the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Use of Software on the Website
Any software that is made available to download from the website (“Software”) is the copyrighted work of Hole In One International and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”), or as expressly stated on the website pages accompanying the software. An end user will be unable to download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms of Use.
FOR YOUR CONVENIENCE, HOLE IN ONE, INTERNATIONAL MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HOLE IN ONE, INTERNATIONAL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN HOLE IN ONE, INTERNATIONAL SOFTWARE PRODUCTS.
Use of Documents and Publications on the Website
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that Hole In One International may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Hole In One, International. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Hole In One International.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HOLE IN ONE, INTERNATIONAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HOLE IN ONE, INTERNATIONAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HOLE IN ONE, INTERNATIONAL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOLE IN ONE, INTERNATIONAL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Disclaimers and Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND HOLE IN ONE, INTERNATIONAL HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HOLE IN ONE, INTERNATIONAL DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL HOLE IN ONE, INTERNATIONAL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. HOLE IN ONE, INTERNATIONAL ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
HOLE IN ONE, INTERNATIONAL MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO HOLE IN ONE, INTERNATIONAL PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT HOLE IN ONE, INTERNATIONAL INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL HOLE IN ONE, INTERNATIONAL BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF HOLE IN ONE, INTERNATIONAL AND HOLE IN ONE, INTERNATIONAL IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HOLE IN ONE, INTERNATIONAL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HOLE IN ONE, INTERNATIONAL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT HOLE IN ONE, INTERNATIONAL ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY.
Accounts and Security
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hole In One International immediately of any unauthorized use of your account or any other breach of security. Hole In One International will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hole In One International or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to Hole In One International’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Hole In One International has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Hole In One International may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Hole In One International server, or the network(s) connected to any Hole In One International server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Hole In One International server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
Unsolicited Idea Submission Policy
HOLE IN ONE, INTERNATIONAL OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HOLE IN ONE, INTERNATIONAL’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO HOLE IN ONE, INTERNATIONAL. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO HOLE IN ONE, INTERNATIONAL OR ANYONE AT HOLE IN ONE, INTERNATIONAL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT HOLE IN ONE, INTERNATIONAL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Spam E-mail and Postings
You agree that Hole In One International would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Hole In One International is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Hole In One International reserves the right to block, filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold Hole In One International, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissons, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.
Advertisements and Promotions
Hole In One International may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by Hole In One International is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Hole In One International found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Hole In One, International is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Hole In One International advertisers on the website.
General Information
The Terms of Use constitute the entire agreement between you and Hole In One International and govern your use of the website, superseding any prior agreements between you and Hole In One International on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and Hole In One International in effect as of the date of your use of the website and specifically regarding your use of the website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other Hole In One International services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.
Nevada law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Hole In One International controls and operates this website from its headquarters in various locations in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. This list is subject to change without further notice from Hole In One International, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The failure of Hole In One International to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
