Srixon - Terms

SRIXON TERMS OF USE

Effective Date: August 1, 2006

Use of Site
The Srixon website (“Site”) is a service for the dissemination and communication of information concerning the products and services of Srixon Sports USA, Inc. (“Srixon”) and its affiliated companies of the Sumitomo Rubber Industries Group (“affiliated companies”). Your use of the Site signifies your consent to these Terms of Use. If you cannot or do not wish to consent to these Terms of Use, you are prohibited from using the Site and must exit the Site immediately and discontinue use of any information or materials from this Site.

This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site. The content available through this Site is the sole property of Srixon and its affiliated companies or their licensors and is protected by U.S. and international patent, copyright, trademark, trade secret and other intellectual property laws.

Copyright
All content, text, images and other materials on the Site are either owned or licensed by Srixon or its affiliated companies and are protected by U.S. and international copyright laws. No content, text, images or other materials from the Site may be used in any way except upon Srixon’s prior, express written consent. Unless otherwise agreed in writing by Srixon, you may not copy or display or post any content, text, images or other materials offered through this Site on any network computer, website, bulletin board or any other publicly accessible medium. In addition, no permission is given to alter/change/retouch or correct any of the contents of the Site. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered through this Site.

Trademarks
Trademarks, service marks, trade dress, trade names and logos displayed on the Site are owned or licensed by Srixon and its affiliated companies or their licensors. You may not copy, display or reproduce such marks other than with the express, prior written consent of Srixon, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.

Privacy
Srixon respects the privacy of users of its Site. Please refer to Srixon’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by Srixon by clicking here [insert hyperlink].

No Warranty
ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT, EXPRESS OR IMPLIED, BETWEEN SRIXON AND YOU (EXCEPT FOR THESE TERMS OF USE AND THE SRIXON PRIVACY POLICY). WITHOUT LIMITING THE FOREGOING, ANY INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SRIXON AND/OR ITS AFFILIATED COMPANIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. SRIXON AND/OR ITS AFFILIATED COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO SRIXON THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Unsolicited Submissions
Information sent to Srixon or its affiliated companies through the Site will not be regarded as confidential information. Srixon also does not assume any responsibilities for said materials. Furthermore, Srixon and its affiliated companies shall have the right to use freely for any purpose any ideas, concepts, know-how or technology described in said unsolicited submissions. Said purposes shall include, but shall not be limited to, the development, manufacturing and marketing of products that use said unsolicited materials. Users submitting said material hereby agree to indemnify Srixon and its affiliated companies from any liability or responsibility if a third party makes a claim against Srixon or its affiliated companies concerning said material.

Third Parties
The Site may contain links to websites operated by third parties other than Srixon (including its affiliated companies). Such links are provided for your reference only. Srixon does not control such websites, and is not responsible for the contents of such websites. Srixon assumes no responsibility concerning any materials prepared or issued by third parties that have created links to the Site (including affiliated companies). Users who visit the websites of other parties utilizing links shall do so at their own responsibility and risk. Srixon’s inclusion of such links does not imply any endorsement of the material on such websites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Precautions
Users are responsible for taking preventive measures to ensure their computers are not damaged by programs containing a computer virus or other destructive programs or code.

United States Only
This Site is intended for use by residents of the United States of America only. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize its transfer.

Indemnification
You agree to indemnify, defend and hold harmless Srixon and its affiliated companies and their officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site and (2) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations.

Dispute Resolution
All issues concerning the interpretation and application of these Terms of Use shall be governed by the laws of the State of Georgia. If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in Atlanta, Georgia in accordance with the commercial arbitration rules of the American Arbitration Association. However, Srixon and its affiliated companies have the right to petition a court of competent jurisdiction (including courts in countries other than the United States) for the entry of injunctions and orders for specific performance relating to your unauthorized use of Srixon’s (or its affiliated companies’) trademarks, service marks, copyrights, patents, trade secrets or other intellectual property or any act or omission by you that may impair the goodwill associated with such intellectual property.

Limitation of Liability
NEITHER SRIXON NOR ITS AFFILIATED COMPANIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SRIXON OR AN AFFILIATED COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY SRIXON OR ANY THIRD PARTY.