| This document defines your rights and responsibilities as a visitor on the Training Aids for Golfers web site. It also defines Original Diamond Designs, Inc. rights and responsibilities towards users of the Training Aids for Golfers web site. Please read this document carefully before continuing to use the Training Aids for Golfers web site. ORIGINAL DIAMOND DESIGNS INC. SITES The only source for official authorized information about Original Diamond Designs, Inc. and Training Aids for Golfers products on the internet are on the web site located at www.balanceprosportbelt.com. The Training Aids for Golfers web site is currently hosted and made accessible to the public by Original Diamond Designs, Inc.
CONTENT AND LICENSING The "content" of the Training Aids for Golfers web site, including all HTML code, text, audio, images, photographs, graphics, logos, illustrations, descriptions, arrangements and software, are protected by copyrights, trademarks, service marks, patents and other proprietary rights. Original Diamond Designs Inc either owns or licenses the rights to provide content on the Training Aids for Golfers web site.
Unless indicated otherwise, all content is Copyright © 2003-2007 by Original Diamond Designs, Inc. All rights reserved.
Original Diamond Designs, Inc. owns the following trademarks: Balance Pro Golf®, Balance Pro SportBelt®, Shifting the Power of Balance®, The Image of America's Pastime®, and Original Diamond Designs®. The ® symbol indicates that Original Diamond Designs, Inc. has registered the trademark with the U.S. Patent and Trademark Office and/or other national trademark authorities. Other trademarks appearing on Original Diamond Designs, Inc. web sites remain the property of their owners and are used by permission.
Original Diamond Designs, Inc. permits you to view and use content
in order to learn more about its products and business. Original
Diamond Designs, Inc. does not permit you to copy, modify or reuse
content in any way except in connection with business you may have
with Original Diamond Designs, Inc.
LINKS You may establish a link to the Training Aids for Golfers web site. Original Diamond Designs, Inc. asks that all links direct web browsers only to the index page of the Training Aids for Golfers site, www.trainingaidsforgolfers.com.
Original Diamond Designs, Inc. also asks that your links do not
state or imply any sponsorship or endorsement of your web site or
its contents by Original Diamond Designs, Inc.
Original Diamond Designs, Inc. may allow you to link directly to other Internet sites not under Original Diamond Designs, Inc. control. These links do not mean that Original Diamond Designs, Inc. sponsors or approves of the linked site. Original Diamond Designs, Inc. has not reviewed all of the information contained on linked sites, and is not responsible for the content, practices, or availability of other sites. Links leading away from the Pro Sport Belt web site are for your convenience only. Once you leave the Training Aids for Golfers web site, you should check the terms of use and privacy policy of the linked site.
PRIVACY POLICY Original Diamond Designs, Inc. privacy policy is simple: Original Diamond Designs, Inc. will never collect personally identifiable information about you without your knowledge and consent. The Training Aids for Golfers web site does not use cookies, web bugs or other tracking devices to monitor repeat visits to the Training Aids for Golfers web site.
Original Diamond Designs, Inc. or its service provider may collect certain information automatically: the numeric Internet address used to visit the Training Aids for Golfers web site, the individual web pages you view while at the Training Aids for Golfers web site, the web site address you visited before reaching the Training Aids for Golfers web site, and the web site address you first visit after leaving the Training Aids for Golfers web site. Original Diamond Designs, Inc. or its service provider may use this information, in aggregate form, to improve web site Content or to resolve technical errors within the site.
If you request additional information about Original Diamond Designs,
Inc. or its products, Original Diamond Designs, Inc. will require
certain personal information in order to respond, such as your name
and mailing address. Original Diamond Designs, Inc. will give you
the option of accepting further information from time to time from
Original Diamond Designs, Inc. or its selected business partners.
Original Diamond Designs, Inc. normal course of action, however,
is to delete your personally identifiable information once it has
addressed your request.
RESTRICTED ACCESS WITHIN TRAINING AIDS FOR GOLFERS WEB SITE Access to certain areas of the Training Aids for Golfers web site may be restricted to persons who have provided personally identifiable information to Original Diamond Designs, Inc. and have registered unique user names and passwords with Original Diamond Designs, Inc.. Any "deep linking" to or book marking of Content within password-protected areas of the Original Diamond Designs, Inc. Sites is prohibited.
By registering a unique user name and password, you acknowledge
that you are responsible for the confidentiality of your user name
and password. Original Diamond Designs, Inc. may track usage of
protected areas within the Original Diamond Designs, Inc. Sites
by reference to user names. You are responsible for all uses of
your user name, regardless of actual authorization. You agree to
notify Original Diamond Designs, Inc. immediately of any unauthorized
use of your account or other breach of security.
Original Diamond Designs, Inc. may limit or terminate access to
protected areas of the Original Diamond Designs, Inc. Sites associated
with a particular user name at any time. Original Diamond Designs,
Inc. is not responsible for any harm related to your failure to
comply with this provision.
MODIFICATION AND TERMINATION
Original Diamond Designs, Inc. reviews this policy periodically.
It may modify or terminate this policy, except for the section on
Privacy, at any time and without prior notice. All disclaimers,
indemnities, and limitations of liabilities will survive termination
of the policy. Original Diamond Designs, Inc. asks you to review
this policy from time to time. Original Diamond Designs, Inc. will
include a reference on the index page of the web site whenever it
changes this policy, for a period of fifteen days after each change.
If you have provided personally identifiable information to Original
Diamond Designs, Inc., and accepted Original Diamond Designs, Inc.
offer to receive further information from Original Diamond Designs,
Inc. and its selected business partners, Original Diamond Designs,
Inc. will make a reasonable effort to notify you about changes to
its privacy policy at least one week before any material changes
take effect. If you disagree with the changes in Original Diamond
Designs, Inc. privacy policy, please contact Original Diamond Designs,
Inc. customer service representatives to have your personally identifiable
information removed from Original Diamond Designs, Inc. records.
CONTACTING ORIGINAL DIAMOND DESIGNS INC.
Original Diamond Designs, Inc. headquarters are located in Sarasota, Florida. If you want to communicate with Original Diamond Designs, Inc. about this Agreement, or to change any personally identifiable information you have submitted to Original Diamond Designs, Inc., you may contact Original Diamond Designs, Inc. at: service@balanceprosportbelt.com
DISCLAIMERS Your visit to the Training Aids for Golfers web site is at your own risk. Original Diamond Designs, Inc. makes reasonable efforts to maintain the accuracy of information on its web site, but it cannot guarantee that all content is up to date at all times. Original Diamond Designs, Inc. cannot be sure that your use of content will not violate the proprietary rights of others.
Original Diamond Designs Inc. is not responsible for, and shall not be liable for, any damages to your computer equipment or other property occurring while you visit the Training Aids for Golfers web site. Original Diamond Designs, Inc. does not guarantee that the Content or the service providers hosting the Training Aids for Golfers web site are free of computer viruses or other harmful components.
Original Diamond Designs, Inc. will use reasonable efforts to insure that the web site is reasonably HTML compliant. You should know that the HTML standard contains ambiguous provisions. HTML does not address all issues associated with the coding of web sites. The HTML standard is amended from time to time and not all web browsers or other software implement HTML in the same way. Original Diamond Designs Inc. cannot guarantee that your use of the Pro Sports Belt site will be uninterrupted or free of errors or omissions.
Without limiting the foregoing, ALL CONTENT PROVIDED ON THE TRAINING AIDS FOR GOLFERS SITE IS PROVIDED TO USERS "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE "AS IS" AND "AS AVAILABLE" CONDITIONS OF CONTENT ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE TRAINING AIDS FOR GOLFERS SITE.
INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ORIGINAL DIAMOND DESIGNS INC. FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES AND COURT COSTS, ARISING OUT OF OR RELATING TO YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF, ACCESS TO OR INABILITY TO ACCESS THE PRO SPORTS BELT WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM ORIGINAL DIAMOND DESIGNS INC. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR OF ANY SERVICE PROVIDED BY ORIGINAL DIAMOND DESIGNS INC. TO YOU.
LIMITATION OF LIABILITY
ORIGINAL DIAMOND DESIGNS INC. BEARS NO RESPONSIBILITY OR LIABILITY,
WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING IN ANY WAY OUT OF
(1) ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE VALEO SITES
OR CONTENT, (2) ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE
ANY LINKED SITE, OR (3) ACTS OR OMISSIONS OF ANY SERVICE PROVIDER.
UNDER NO CIRCUMSTANCES SHALL VALEO BE LIABLE TO YOU OR TO ANY OTHER PERSON
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE TRAINING AIDS FOR GOLFERS WEB
SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ORIGINAL DIAMOND DESIGNS
INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS
UNDER PREVAILING LAW, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
COPYRIGHTS AND COPYRIGHT AGENT
Original Diamond Designs Inc. respects the rights of intellectual
property owners. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide Original
Diamond Designs, Inc. with the following information, pursuant to
Section 512 of Title 17, United States Code:
(1) an electronic or physical signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
(2) a description of the copyrighted work or works that you claim
have been infringed;
(3) a description of the allegedly infringing material, including
its location on the site;
(4) your address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(6) a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Original Diamond
Designs, Inc. Copyright Agent for notice of claims of
copyright infringement on its sites is: service@balanceprosportbelt.com
ADDITIONAL PROVISIONS
Original Diamond Designs, Inc. shall not be liable for nonperformance
or delay in performance caused by any event beyond Original Diamond
Designs, Inc. reasonable control including, but not limited to,
acts or omissions of service providers, equipment failure, war,
strikes, lock-outs, unavailability of supplies, fire, flood, or
any other Act of God, any law, regulation, ordinance, or other act
or order of any court, government or governmental agency or delays,
unavailability, errors or other failures of the Internet or other
data networks.
Original Diamond Designs, Inc. makes no representation that any content
is appropriate for use in any location other than the State of Florida. Your
use of or access to the Training Aids for Golfers web site shall not represent Original
Diamond Designs, Inc. efforts to do business in any state other than Florida. If
you choose to access the Training Aids for Golfers site from a location other
than the state of Florida, you are responsible for compliance with all applicable
state or local laws.
This Agreement shall be governed by and enforced under the laws of the State
of Florida, without regard to its conflict of law provisions. You and Original
Diamond Designs, Inc. agree that any litigation connected with the Training Aids
for Golfers web site or this policy will be heard by the federal and/or state
courts located in or having jurisdiction over the County of Sarasota, State of Florida.
This policy is the entire agreement between you and Original Diamond
Designs, Inc. for the matters addressed by the policy. The section
headings are for convenience only and have no legal force or effect.
If any provision of the policy is unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability
of any remaining provisions.
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