Last updated: May 1, 2024
By accessing or using the website and services provided by ERIC COLE GOLF LLC (referred to as we, us, our, or the Company), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services. These terms constitute a legally binding agreement between you and ERIC COLE GOLF LLC.
For the purposes of these Terms of Service:
ERIC COLE GOLF LLC provides professional computer systems design and related technical services, including but not limited to:
The specific scope, deliverables, timeline, and fees for Services will be defined in a separate service agreement or statement of work executed by both parties. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement shall prevail.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
All content, materials, designs, logos, trademarks, and intellectual property displayed on the Website are the property of ERIC COLE GOLF LLC or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any content without our prior written consent.
Any software, documentation, deliverables, or work product developed by ERIC COLE GOLF LLC in the course of providing Services shall remain the intellectual property of the Company, unless otherwise agreed in a signed service agreement.
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of our business relationship. Confidential information includes, but is not limited to, technical data, business strategies, client lists, project specifications, and any information designated as confidential. This obligation survives the termination of any service agreement.
To the maximum extent permitted by applicable law, ERIC COLE GOLF LLC and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website or Services, including but not limited to loss of profits, data, business, or goodwill.
Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to us for the specific Service giving rise to the claim in the twelve months preceding the event giving rise to the liability.
The Website and Services are provided on an as is and as available basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and course of dealing.
We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You assume all risk for any damage to your computer systems or loss of data resulting from use of the Website.
You agree to indemnify, defend, and hold harmless ERIC COLE GOLF LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
The Website may contain links to third-party websites or services that are not owned or controlled by ERIC COLE GOLF LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You access such websites at your own risk and should review their terms and policies independently.
We reserve the right to terminate or suspend your access to the Website and Services at any time, without prior notice, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Website and Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, and limitation of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved within 30 days of written notice, the parties agree to submit the dispute to binding mediation in Palm Beach County, Florida, before resorting to litigation.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and ERIC COLE GOLF LLC regarding your use of the Website and Services, superseding any prior agreements or understandings.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Failure by us to enforce any right or provision shall not constitute a waiver of such right or provision.
We reserve the right to modify or replace these Terms at any time. Material changes will be effective 30 days after posting the revised Terms on this page, with the updated date noted at the top. Your continued use of the Website or Services after changes take effect constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: