©2019 by UniGolf USA.

STANCELINER INC.
WEBSITE TERMS OF USE

Stanceliner, Inc., doing business as Unigolf USA, offers golf

accessories (all together referred as the “Products”) via the website hosted at the URL

https://www.unigolfusa.com/ (the “Website”).

These Website terms of Use (“Terms of Use”) regulate your use of the Website. These Terms of Use

form a binding agreement between you, visitor and/or user of this Website (“you”, “your”) and us.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

BY ACCESSING OR USING THIS WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED

TO REPRESENT (IF APPLICABLE) SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND

AGREE TO BE BOUND BY THESE TERMS OF USE AND TO THE COLLECTION, USE AND

DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY

POLICY, WHETHER OR NOT YOU ARE A USER ON OUR WEBSITE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE

WEBSITE. 

1 ACCESS TO OUR WEBSITE AND TOOLS

1.1 General.

1.1.1 Purposes. We use the Website to promote and provide information on our Products and allow

you to access and buy our Products on the Website. Specific terms or agreements may apply to

the use of certain features provided to you on the Website. Such specific features available on the

Website may be subject to a separate agreement. For example, when you buy the Products, the

terms of sale will be regulated by specific terms and conditions of sale. We, thus, invite you to

review such specific agreements, when applicable.

1.1.2 Eligibility. To use the Website, you must be the age of majority in your jurisdiction and fully

able and competent to enter into the terms, conditions, obligations, affirmations, representations

and warranties set forth in these Terms of Use and to abide by and comply with these Terms of

Use. You represent that you meet the eligibility requirements in this Section. In any case, you

affirm that you are over the age of 18 years old, as our Website is not intended for children under

18 years old. If you are using this Website or opening an account on behalf of a third party,

company, entity or organization, your use of the Website constitutes that third party’s acceptance

of these Terms of Use. We reserve the right to revoke your ability to access our Products offered

on the Website for any reason, at any time including as a result of a violation of these Terms of

Use or Privacy Policy without notice.

1.1.3 License to Use the Website. Subject to your compliance with these Terms of Use, we grant you

a limited, non-exclusive, non-sub licensable, non-transferable, and revocable right to access the

Website and access the Products offered on this Website for your personal, non-commercial use,

and as we otherwise intend. We reserve the right to monitor your use of the Website for the

purpose of determining that your usage complies with these Terms of Use.

1.1.4 Prohibited Conduct. In order to use this Website or the Products offered on this Website, you

agree not to engage in any of the following prohibited activities:

(i) copying, distributing, or disclosing any part of the Website in any medium, including without

limitation by any automated or non-automated “scraping”;

(ii) using any automated system, including without limitation “robots,” “spiders,” “offline

readers,” etc., to access the Website in a manner that sends more request messages to the


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Unigolf’s servers than a human can reasonably produce in the same period of time by using a

conventional web browser (except that Unigolf grants the operators of public search engines

revocable permission to use spiders to copy materials from our Website for the sole purpose

of and solely to the extent necessary for creating publicly available searchable indices of the

materials, but not caches or archives of such materials);

(iii) transmitting spam, chain letters, or other unsolicited email;

(iv) attempting to interfere with, compromise the system integrity or security or decipher any

transmissions to or from the servers running the Service;

(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or

disproportionately large load on our infrastructure;

(vi) uploading invalid data, viruses, worms, or other software agents through the Website or

Products;

(vii) collecting or harvesting any personally identifiable information, including account names,

from the Website;

(viii) using the Website for any commercial solicitation purposes;

(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or

entity, conducting fraud, hiding or attempting to hide your identity;

(x) interfering with the proper working of the Website;

(xi) accessing any content on the Service through any technology or means other than those

provided or authorized by the Website; or

(xii) bypassing the measures, we may use to prevent or restrict access to the Website, including

without limitation features that prevent or restrict use or copying of any content or enforce

limitations on use of the Website or the content therein.


We may, without prior notice, change the Website; stop providing any Products or features of the

Website, to you; or create usage limits for the Website.

1.2 Completing a Transaction. If you wish to purchase any Product available through the Website

(each such purchase, a “Transaction”), you may be asked to supply us with certain information

relevant to your Transaction. You must provide us with complete and accurate account

information. You must promptly update such information to keep it complete and accurate. By

completing a Transaction, you represent and warrant that all required information you submit is

truthful and accurate and that you will maintain the accuracy of such information.

2 USER CONTENT

2.1 Definition. Any text, photographs, videos, artwork, ideas, questions, reviews, comments,

suggestions or other content that you submit or post to/on the Website or otherwise provide to us

are referred to as “User Content”. You retain ownership of your User Content.

2.2 License Grant. By sharing, submitting or uploading any User Content, you grant Unigolf a

worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable

license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify,

reverse-engineer, disassemble and create derivative works from your User Content in any manner

existing now or created in the future for the purposes of providing the Service to you.

2.3 Your Responsibility for User Content. You agree not to post User Content that: (i) may create a

risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or

physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any

other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing

them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may

constitute or contribute to a crime or tort; (v) contains any information or content that we deem to

be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of

personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise),

libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content

that is illegal. You agree that you are solely responsible for all User Content that you post on the


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Website. Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and

releases necessary to grant us the required rights to disseminate any User Content and (2) neither

your User Content nor your posting of your User Content or our use of your uploaded User Content

on the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark,

trade secret, moral rights or any other intellectual property rights or rights of publicity or privacy or

result in the violation of any applicable law or regulation.

2.4 No Obligation Regarding User Content. We will not have any obligation to hold any User Content

in confidence or compensate you or anyone else for its use. We have the right to remove or edit any

User Content for any reason or no reason at all.

3 INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT

3.1 Intellectual Property Rights, Unigolf’s Content. All content (other than User Content) on the

Website or otherwise made available via the Website, including the text, notes, graphics, photos,

sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and

logos contained therein (“Marks”), the design of the Website (“Website Design”), and all software

and other technology used to provide the Website (“Technology”), are owned by or licensed to

Unigolf and/or its affiliates. Content is provided to you “as is” for your information and personal

use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold,

licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not

expressly granted in and to the Website, Content, Marks, Website Design and Technology. Using

the Website and/or Products does not give you any ownership of or right in or to any Content,

Marks, Website Design and Technology.

3.2 Third-Party Content. The Website may contain links to and content from third-party websites,

advertisers, products, special offers, or other events or activities that are not owned or controlled by

Unigolf. Unigolf does not endorse or assume any responsibility for any such third-party Websites,

information, materials, Products, or Products. If you access a third-party website from the Website,

you do so at your own risk, and you understand that this Terms and Privacy Policy do not apply to

your use of such Websites. You expressly relieve Unigolf from any and all liability arising from

your use of any third-party website, service, or content.

4 WARRANTIES AND DISCLAIMERS

4.1 No Warranties. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”

BASIS. UNIGOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING YOUR USE

OF THE WEBSITE AND THE CONTENT.

4.2 Use of Website is at Your Own Risk. UNIGOLF DOES NOT REPRESENT OR WARRANT

THAT THE WEBSITE OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-

FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL

INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE

OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WE WILL NOT BE

RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE WEBSITE, ANY LINKS TO

THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES.

4.3 Rights may vary from State to State. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS

ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION

MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR

STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY

THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS


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AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF

USE ARE FAIR AND REASONABLE.

5 LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNIGOLF, ITS

AFFILIATES, DIRECTORS, EMPLOYEES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD

PARTY MENTIONED ON THE WEBSITE, BE LIABLE TO YOU FOR ANY INCIDENTAL,

SPECIAL, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS

WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFITS, LOSS OF DATA,

BUSINESS INTERRUPTION, EVEN IF UNIGOLF HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE

FAILED OF ITS ESSENTIAL PURPOSE.  THIS DISCLAIMER SHALL APPLY REGARDLESS OF

THE NATURE OF YOUR CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHERWISE. SOME

JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS

PROVISION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, THE

REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE

LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

6 INDEMNIFICATION

You agree to defend, indemnify and hold harmless Unigolf and its subsidiaries, agents, licensors,

managers, and other affiliated companies, and their employees, contractors, agents, officers and directors,

from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses

(including but not limited to attorney's fees) arising from: (i) your use of and access to the Website,

including any data or content transmitted or received by you; (ii) your violation of any term of these

Terms of Use; (iii) your violation of any third-party right, including without limitation any right of

privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any

claim or damages that arise as a result of any of your User Content or any that is submitted on the

Website; (vi) any other party’s access and use of the Website with your unique username, password or

other appropriate security code or (vii) alleging bodily injury, death, property damage or other damages

arising from your or a third party’s use or misuse of any Service purchased by you on the Website.

7 USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from us in an electronic form via the

email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures,

and other communications that we provide to you electronically satisfy any legal requirement that such

communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable

rights.

We may also use your email address, to send you other messages, including information about the us and

special offers if you have subscribed to our newsletters. You may always opt out of such marketing email

by opting out as explained in our Privacy Policy. Opting out may prevent you from receiving messages

regarding Unigolf or special offers.

8 COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

We respect the intellectual property of others and we expect our users of our Website to do the same.  In

connection with our Website, we have adopted and implemented a policy respecting copyright law that

provides for the removal of any infringing materials and for the termination, in appropriate circumstances,

of users of our online Website and Products who are repeat infringers of intellectual property rights,

including copyrights, in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). 


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If you believe that one of our users is, through the use of our Website and Products, unlawfully infringing

the copyright(s) in a work, and wish to have the allegedly infringing material removed, please complete

the following DMCA Notice and deliver it to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our Products that you claim is infringing and that you request us to

remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by

the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you

are either the owner of the copyright that has allegedly been infringed or that you are authorized to act

on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a

written notification automatically subjects the complaining party to liability for any damages, costs and

attorney’s fees incurred by us in connection with the written notification and allegation of copyright

infringement.

The designated Copyright Agent for Unigolf is:

Attn: DMCA Notice

Address: Stanceliner Inc., 490 Post Street, Suite 640, San Francisco CA 94102

Email:  vilay@unigolfusa.com

9 TERM AND TERMINATION

9.1 Term and Termination. These Terms of Use will become effective and binding when you use our

Website and until terminated by you or us. We reserve the right to terminate these Terms of Use,

your account, and your access to the Website at any time without notice and without liability to

you. You may also delete your Account at any time, for any reason, by following the instructions

on the Website.

9.2 Suspension or Termination. We may deny your access to your account, Website at any time for any

reason (such as breach of these Terms of Use) or no reason. If we terminate for no reason, we will

fulfill our obligations related to any order outstanding at the time of termination or will refund you

the order, if applicable.

10 MISCELLANEOUS MATTERS

10.1 Force Majeure. We shall not be liable for damages for any delay or nonperformance resulting from

a) delays in receipt of final specifications, information, or instructions from you, (b) changes in

specifications or instructions, or (c) force majeure, including without limitation, acts of God,

strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or

suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or

communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics,

governmental orders or regulations or inability to secure any necessary governmental or other

permits, court orders, or any other reason beyond our reasonable control.

10.2 Governing Law; Venue. These Terms of Use and any disputes arising out of your use of the

Website, shall be governed by and construed in accordance with the laws of the State of California,

without giving effect to any conflict of law provisions thereof. Any litigation, suit or other

proceeding regarding the rights or obligations of the parties hereunder shall be conducted


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exclusively before the state and federal courts in and for Alameda County, California. The United

Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the

Formation of Contracts for the International Sale of Goods, and any international discovery and

service of process conventions will be inapplicable. Any claim under these Terms of Use must be

brought within one (1) year after the cause of action arises, or such claim or cause of action is

barred. Claims made under the separate terms and conditions of sale for purchase of Products

online are not subject to this limitation. No recovery may be sought or received for damages other

than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’

fees. In the event of any controversy or dispute between Unigolf and you arising out of or in

connection with your use of the Website, the parties shall attempt, promptly and in good faith, to

resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not

to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.

If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any

right or remedy available to them under applicable law.

10.3 Severability. Each provision of these Terms of Use is severable from the others, and Unigolf’s

rights and remedies herein are cumulative and in addition to those available at law or in equity. In

the event that any portion of these Terms of Use is determined in any suit or proceeding to be

invalid or unenforceable, such determination shall not affect the remaining Terms of Use, all of

which shall remain valid and enforceable.

10.4 Waiver. A waiver of any condition or default is not a waiver of any subsequent default.

10.5 Notices. All notices and communications to be given under these Terms of Use shall be in writing

and (i) if to Stanceliner Inc., delivered personally or sent by pre-paid, first class certified or

registered mail, return receipt requested or by overnight courier: 490 Post Street, Suite 640, San

Francisco CA 94102, Attn: Legal Notices; or (ii) if to you, by email.

10.6 Assignment. You may not assign or otherwise transfer any rights hereunder without our prior

consent, and any such attempt is void. These Terms of Use are binding upon and for the benefit of

the respective successors and assigns of the parties hereto.

10.7 Entire Agreement. These Terms of Use constitute the entire agreement between us and you and

expressly supersede and replace any prior or contemporaneous agreements, whether written or oral,

relating to the governing order acknowledgement, including any terms and conditions on any of

other documents or purchase orders and any prior offers by trade show representatives and

demonstrators. These Terms of Use shall be binding upon the parties and their respective

successors and assigns. If any provision of these Terms of Use is held to be invalid or

unenforceable, that provision shall be severed from these Terms of Use and the remainder of the

provisions of these Terms of Use shall remain in full force and effect.

Last Updated on May 15, 2019.