Make ‘Em All, LLC (“FLAT CAT®,” “us,” or “we”) operates the web site located at http://www.flatcatgolf.com (“Site”). FLAT CAT® provides a variety of services through the Site including, but not limited to, providing information regarding our products and services (the “Services”). This agreement applies to all users of the Site and Services.
This Agreement (“Agreement”) form a legally binding agreement between You, or, if You represent an entity or other organization, that entity or organization (in either case “You”) and FLAT CAT® setting forth the terms for Your use of the site and services.
Please review the following basic rules that govern Your use of the Site. Please note that Your use of the Site constitutes Your unconditional agreement to follow and be bound by this Agreement. You represent and warrant that You have the right, authority, and capacity to enter into this Agreement (on behalf of Yourself or the entity that You represent). Although You may bypass this Agreement each time You use this Site or “bookmark” a specific page, Your use of this Site signifies that You agree to and accept being bound by this Agreement. FLAT CAT® may, from time to time, update, modify, or otherwise change this Agreement without prior notice to You, and such changes shall become effective as of the date they are posted on this Site. By using the Site after any such changes become effective, You agree to be bound by the changes. We recommend that You review this Agreement routinely
By accepting this Agreement through Your use of the Site, You also certify that You are 18 years of age or older. If You are under the age of 18 but at least 13 years of age, You may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
FLAT CAT® does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to this Agreement on their behalf. If You are a parent or legal guardian agreeing to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that You are fully responsible for his or her use of this Site, including the legal liability that he or she may incur. If You do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of this Agreement.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of FLAT CAT® and protected by U.S. and international copyright laws. The Contents and software on this Site are for personal use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Subject to the terms of this Agreement, FLAT CAT® grants You a limited, revocable, non-transferable, non-exclusive, right to access the Site. All rights not specifically granted by this Agreement are expressly reserved for FLAT CAT® and/or third parties, including the licensors of FLAT CAT®. This is a license, not a sale. Nothing in this Agreement shall be construed to transfer any ownership rights in the Site, the Contents, or any other components and intellectual property relating thereto.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FLAT CAT® will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, Safari, etc.).
You acknowledge and agree that by registering for the Site You represent and warrant that You have authority to do so, are 18 years old or older, and the information You provide in connection with Your registration for the Site is true, accurate, current and complete (the “Registration Data”). You further agree that, in providing such Registration Data, You will not knowingly omit or misrepresent any material facts or information and that You will promptly enter corrected or updated Registration Data via the Site, or otherwise advise us promptly in writing of any such changes or updates. You consent and authorize us to verify Your Registration Data as required for Your use of and access to the Site, as applicable. Once You subscribe to the Site, You shall receive a unique user ID (or be required to use a unique email address as such user ID) and password in connection with Your account (collectively referred to herein as “IDs”). You agree that You will not allow another person to use Your IDs to access and use the Site under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of Your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of Your failure to do so. We are not liable for any harm caused by or related to the theft of Your IDs, Your disclosure of Your IDs, or Your authorization to allow another person to access and use the Site using Your IDs. Furthermore, You are solely and entirely responsible for any and all activities that occur under Your account. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security known to You. You acknowledge that the complete privacy of Your data and messages transmitted while using the Site cannot be guaranteed. You further acknowledge and agree that FLAT CAT® may terminate Your account, and thus Your access to the Site, in its sole discretion and at any time.
You may disable or deactivate Your account at any time by providing written notice to FLAT CAT® or accessing the applicable deactivation link provided through the Site (if available); provided, however, that You agree that by accessing the Site at any time after deactivation of Your Account that You are bound by the terms of this Agreement.
You acknowledge and agree that FLAT CAT® may terminate this Agreement and Your Account at any time. You further agree that You are responsible for saving, archiving, and/or backing up all information prior to that time. FLAT CAT® shall not be liable for any information lost when Your Account is terminated.
COPYRIGHTS, TRADEMARKS AND PATENTS
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FLAT CAT®, one of its affiliates or by third parties who have licensed their materials to FLAT CAT® and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of FLAT CAT® and is also protected by U.S. and international copyright laws.
FLAT CAT® expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of FLAT CAT®’s intellectual property rights.
The FLAT CAT® name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of FLAT CAT®. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
For a complete list of FLAT CAT® patents, please click the following link: www.flatcatgolf.com/legal-notices. Also, please be advised that, in addition to the patents listed on the Site, FLAT CAT® may have other patents pending that cover its products.
USER TESTIMONIALS, FEEDBACK AND SUBMISSIONS
All testimonials, feedback, and other submissions disclosed, submitted or offered to FLAT CAT® on or by this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively, the “Comments”) shall be and remain FLAT CAT® property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FLAT CAT® of all worldwide rights, titles and interests in, to, and under all copyrights and other intellectual properties in the Comments.
Thus, FLAT CAT® will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FLAT CAT® will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. FLAT CAT® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by You to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by You to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
FLAT CAT® does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant FLAT CAT® the right to use the name that You submit in connection with any Comments. You agree not to impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make and You agree to indemnify FLAT CAT® Manufacturing Corporation and its affiliates for all claims resulting from any Comments You submit. FLAT CAT® Manufacturing Corporation and its affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.
FLAT CAT® strives to comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. FLAT CAT® will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of users of the Site. If FLAT CAT® removes or disables access to comply with the DMCA, FLAT CAT® will make a good-faith attempt to contact the owner, author, or administrator of each affected posts so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a DMCA takedown notice, please see contact us using the contact information below.
If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify FLAT CAT®’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at .
Please include the following in Your notice to the Agent:
(i) Identify the material on the You claim is infringing, with enough detail so that FLAT CAT® may locate it;
(ii) 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;
(iii) A statement by You declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
(iv) Your address, telephone number, and email address; and
(v) Your physical or electronic signature.
If applicable, FLAT CAT® will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
INTELLECTUAL PROPERTY SUBMISSION POLICY
While FLAT CAT® appreciates that consumers may want to share their ideas, FLAT CAT® does not accept any unsolicited information, material, or other communication related to intellectual property including, but not limited to, any comments, suggestions, drawings, models, materials, and/or descriptions of ideas related to developing, manufacturing, and/or marketing products or services.
Any unsolicited information will be treated as non-confidential information, and neither FLAT CAT® nor its affiliates are not obligated to maintain any unsolicited information in confidence. Any unsolicited information may be used by FLAT CAT® or its affiliates for any purpose including without compensation to the person providing such information. Any unsolicited submission to FLAT CAT® or its affiliates including, but not limited to, prototypes, marketing materials, and/or the like will not be returned to the sender.
You agree to indemnify, defend, and hold FLAT CAT® (and its officers, directors, shareholders, members, employees, contractors, agents, successors, and assigns harmless, including costs, attorney and expert fees, from any claim or demand made by any third party due to or arising out of (a) Your use of or access to the Site or Services, (b) Your violation of this Agreement; and (c) Your violation of applicable laws or regulations (including any privacy or copyright laws).
This Agreement are effective unless and until terminated by either You or FLAT CAT®. You may terminate this Agreement at any time, provided that You discontinue any further use of this Site. FLAT CAT® also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny You access to the Site, if in FLAT CAT®’s sole discretion, You fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either You or FLAT CAT®, You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise. FLAT CAT®’s right to any Comments shall survive any termination of this Agreement.
THIS SITE IS PROVIDED BY FLAT CAT® ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. FLAT CAT® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FLAT CAT® OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FLAT CAT® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLAT CAT® BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Governing Law; Disputes.
This Agreement and the relationship between You and FLAT CAT® shall be governed by the laws of the State of Oho without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be heard in a state or federal court in Cuyahoga County, Ohio, and You expressly consent to personal jurisdiction and venue in those courts agree to waive any challenges to personal jurisdiction and venue in those courts. In the event of any dispute arising out of the subject matter of this Agreement, FLAT CAT® shall be entitled to recover, in addition to any other damages assessed or relief afforded, its attorneys’ fees and litigation costs as may be incurred in litigating or otherwise settling or resolving any such dispute hereunder.
You may not assign or transfer this Agreement without the prior written consent of FLAT CAT®.
No Waiver; Severability.
The failure of FLAT CAT® to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Entire Agreement; Modification.
This Agreement contains all the terms of the agreement between You and FLAT CAT® concerning the Site and shall supersede any agreements, written or oral, regarding the Site. This Agreement, however, shall supplement any other agreements You have with FLAT CAT® governing other matters. In the event of conflict between this Agreement and any other agreement You have with Education Management Corporation, its subsidiaries or its affiliates, the terms of this Agreement shall control for all matters relating to the Site. FLAT CAT® shall have the right to modify the terms of this Agreement at any time, and such modifications will be deemed effective when posted on the Site. By accessing the Site after any changes become effective, You agree to be bound by any such modifications.
Should You have any questions or concerns regarding this Agreement or any other matter relating to Your license to use the Site, please contact FLAT CAT® at .
Last Revised: December 15, 2016