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”).
form a binding agreement between you, visitor and/or user of this Website (“you”, “your”) and us.
BY ACCESSING OR USING THIS WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED
TO REPRESENT (IF APPLICABLE) SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND
DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY
POLICY, WHETHER OR NOT YOU ARE A USER ON OUR WEBSITE.
1 ACCESS TO OUR WEBSITE AND TOOLS
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
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
on the Website for any reason, at any time including as a result of a violation of these Terms of
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
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
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
(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
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,
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
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
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
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
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
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
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”).
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
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
The designated Copyright Agent for Unigolf is:
Attn: DMCA Notice
Address: Stanceliner Inc., 490 Post Street, Suite 640, San Francisco CA 94102
9 TERM AND TERMINATION
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
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.
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
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
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.
rights and remedies herein are cumulative and in addition to those available at law or in equity. In
which shall remain valid and enforceable.
10.4 Waiver. A waiver of any condition or default is not a waiver of any subsequent default.
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
the respective successors and assigns of the parties hereto.
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
Last Updated on May 15, 2019.