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Legal Information
| Terms and Conditions |
| Effective: December 1, 2006 |
| The innovexgolf.com and virtualtourvan.com websites (collectively, “Web Site”) are owned and operated by Innovex Golf, Inc., a Washington corporation (“Innovex”). Innovex has adopted these Terms and Conditions (“Terms and Conditions”) to make you aware of the terms and conditions of your use of the Web Site and that apply to your purchase of products (“Products”) through the Web Site. If you do not agree to these Terms and Conditions please do not use the Web Site or purchase Products. Innovex reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time by posting such changes to this page. Any changes will be in bold for a period of not less then 30 days from the date of posting. Please check these Terms and Conditions periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes. |
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| General Terms and Conditions and Restrictions on Use of Materials |
| If you do not comply with the Terms and Conditions at any time, Innovex reserves the right to limit your access to the Web Site. Innovex may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time the Web Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Web Site, at Innovex’s sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Innovex or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. |
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| Innovex Trademarks |
| Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Web Site are the property of Innovex and may not be used without Innovex's prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. |
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| Innovex’s Privacy Policy |
| Innovex collects, stores and uses data collected from you in accordance with Innovex’s Privacy Policy. |
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| Price and Payment Terms |
| Your total price for any Products purchased through the Web Site will be stated on your purchase receipt. Terms of payment are within Innovex’s sole discretion and, unless otherwise agreed to by Innovex, payment must be received by Innovex prior to Innovex’s acceptance of an order. Payment for the Products must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard) or some other prearranged payment method, unless credit terms have been agreed to by Innovex. Orders are not binding upon Innovex until accepted by Innovex, and Innovex reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products are a mistake. Any price quotations given by Innovex will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide Innovex with a valid and correct tax exemption certificate. |
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| Shipping and Title |
| Innovex will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. |
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| Products |
| Innovex may revise and discontinue Products at any time. Innovex will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described on the Web Site are possible. |
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| Links |
| The Web Site may provide, or third parties may provide, links to other web sites on the Internet or resources. Because Innovex has no control over such sites and resources, you acknowledge and agree that Innovex is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Innovex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. |
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| Disclaimer |
| Innovex uses reasonable efforts to maintain the Web Site, but Innovex is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Innovex makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information. |
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| Lifetime Warranty |
| Products purchased from Innovex through the Web Site carry a Lifetime Warranty. This is the sole and exclusive warranty for Innovex Products. |
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| WEB SITE DISCLAIMERS OF WARRANTIES: |
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THE WEB SITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. INNOVEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, INNOVEX MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
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| Limitation of Liability |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT INNOVEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INNOVEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE OR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE OR PRODUCTS. IN NO EVENT SHALL INNOVEX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS THROUGH THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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| Indemnification |
| You agree to defend, indemnify and hold harmless Innovex, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of the Web Site or any services or products provided by Innovex. |
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| Governing Law and Other Miscellaneous Terms |
| The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Kansas, USA, without regard to its conflicts of laws principles. These Terms and Conditions set forth the entire agreement of the parties with respect to the subsequent matter hereof. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, PRODUCTS, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF INNOVEX, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN JOHNSON COUNTY, KANSAS (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. |
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| Force Majeure |
| Innovex shall not be in default by reason of any failure in performance if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption. |
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| Copyright and Copyright Notices |
| Innovex respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Innovex’s Copyright Agent the following information: |
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- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- 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.
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| Please contact Innovex’s Copyright Agent for Notice of Claims of copyright infringement at copyright@Innovexgolf.com. |
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