Terms and Conditions of Use
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IF YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE!
These Terms of Use (“Agreement”) set forth the terms and conditions that govern your access and use of this website and each of the web pages contained herein (collectively “Website”). By accessing or using this Website, you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms and conditions herein, you are not permitted to access or use this Website.
1. Unauthorized Use. Without the prior written authorization of Hudson Golf, LLC, you may not:
Post, transmit, modify or distribute any material on this Website;
Create a hyperlink to this Website that uses any logo, graphic, slogan or other protected mark found herein;
Take any action that creates an unreasonable or disproportionately large load or amount of traffic on this Website or its network infrastructure, or that otherwise adversely affects the Website, its network infrastructure, or its users;
Decompile, reverse engineer, modify or disassemble any of the software in or associated with this Website and its network infrastructure;
Use any meta tags or any other hidden text utilizing the Hudson Golf, LLC name, fictitious name, or any Hudson Golf, LLC trademark;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Hudson Golf, LLC.
2. Third Party Administrator. This Website is hosted and administered by a third party provider (“Administrator”). Under no circumstances shall the hosting or administration of this Website constitute an agency, employment, joint venture, partnership, representation or fiduciary relationship between Hudson Golf, LLC and the Administrator. The Administrator assumes no responsibility or liabilities for your use of this website, the content found herein, and the services and products advertised hereon.
3. Proprietary rights. All content, slogans, logos, photography and graphics contained on this Website are the property of Hudson Golf, LLC and/or third party licensors. You may not download, post, transmit, modify or distribute any material on this Website without the written consent of Hudson Golf, LLC. Nothing contained herein shall be construed as granting a license to use any content herein. The foregoing prohibition does not include the temporary downloading and caching into memory (RAM) or temporary system file storage of the various files comprising this Website on a personal computer for the explicit purpose of viewing this Website ONLY. In addition, the foregoing prohibition does not include the downloading and reproduction of information and/or other materials expressly allowed for downloading and reproduction, with said permission being expressly, unambiguously and conspicuously indicated on the Site as such. You agree not to copy any content from the Website without the express written permission of Hudson Golf, LLC.
4. Minors. Hudson Golf, LLC does not provide services or sell products to children without the consent of a child’s parent or guardian. If you are below the age of 18, you may use this Website ONLY with the permission and active involvement of a parent or legal guardian. If you are a minor, please do provide any personal information.
5. Licensee Status. You understand and agree that your use of this Website is limited and non-exclusive as a revocable licensee. Hudson Golf, LLC may terminate your license to use and/or access this Website for any reason and without providing you any notice of such license termination. You have no legal or equitable interest or right in and to the Website, and the content thereof, or your ability to access and/or view the Website, or any portion thereof.
6. Privacy. Hudson Golf, LLC will not disclose any information you provide through this Website to any third party. However, it reserves the right to use said information to contact you in the future relative to sales solicitation and marketing efforts, and you hereby agree to such use and solicitation. The Privacy Policy for Hudson Golf, LLC is available here.
7. Disclaimer of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE SERVER AND THE INTERNET GENERALLY, INCLUDING BUT NOT LIMITED TO RISK OF DAMAGE FROM VIRUSES AFFECTING THE INTERNET. IT IS YOUR RESPONSIBILITY TO SCAN ANY DOWNLOADED MATERIAL FOR VIRUSES BEFORE ACCEPTING INFORMATION FROM THE INTERNET. Hudson Golf, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE, OR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON, OR ACCESIBLE FROM THIS WEBSITE. IN NO EVENT SHALL Hudson Golf, LLC, OR ITS AFFILIATES, OR THE OFFICERS, EMPLOYEES, AND SHAREHOLDERS OF THE SAME, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM YOUR USE OF, OR ACCESS TO THIS WEBSITE, OR THE PERFORMANCE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
8. No Warranties. THE MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, TEXTS, VIDEOS AND GRAPHICS, ARE PRESENTED FOR INFORMATIONAL PURPOSES ONLY. ANY MATERIAL ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT ON THIS WEBSITE AND THE SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUDSON GOLF, LLC DOES NOT WARRANT THAT THE CONTENT ON THIS WEBSITE OR ON THE INTERNET GENERALLY, OR YOUR ACCESS THERETO, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE, THE SERVER, OR THE INTERNET IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFORMATION ON THE WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM HUDSON GOLF, LLC. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. AS SUCH, BY ACCESSING THE SITE AND EXPRESSLY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING AND/OR USING THE SITE.
9. Disclaimer of Endorsement. Reference herein to any third party’s products, services, processes, or other information (by trade name, trademark, manufacturer, supplier, or otherwise), shall not constitute or imply an endorsement, sponsorship or recommendation by Hudson Golf, LLC. Product and service information is the sole responsibility of each individual third party.
10. Third Party Links. This Website may contain third party links, which are provided by Hudson Golf, LLC only as a convenience to its users. Nothing contained in this Website shall be construed to constitute or create a joint venture, partnership, agency, employment, representation or fiduciary relationship between Hudson Golf, LLC and such third parties. Such third parties shall have no authority to, in any way, bind Hudson Golf, LLC. Any Websites linked to or from the Hudson Golf, LLC Website are not reviewed, controlled, or examined by Hudson Golf, LLC and Hudson Golf, LLC is not responsible for the content of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Hudson Golf, LLC Website does not imply endorsement of the linked site or any content therein by Hudson Golf, LLC. Hudson Golf, LLC encourages you to be aware when you leave the Hudson Golf, LLC site and to read the terms and conditions, and privacy statements of each and every website that you visit. In no event shall Hudson Golf, LLC be liable to any person or entity for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's Website, or the information and material accessed through such websites, whether via this Website or otherwise.
11. Changes. Without prejudice to any other rights that Hudson Golf, LLC may have, Hudson Golf, LLC reserves the right, and sole discretion, without notice and without liability, to change, limit, terminate, modify, and/or temporarily or permanently cease to provide access to this Website, or any part thereof, to you for any reason or no reason. In the event you or Hudson Golf, LLC terminate this Agreement, you must immediately stop using this Website. Further, without prejudice, liability or prior notice, Hudson Golf, LLC may modify all or part of this Agreement at any time. You should frequently check this Website for such changes. Your continued access to and use of this Website after such changes conclusively demonstrates your acceptance of such changes.
12. Indemnification. You agree to defend, indemnify and hold harmless Hudson Golf, LLC, its affiliates, officers, employees, agents and suppliers of the same, from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you; (b) your use of the Hudson Golf, LLC Website and the Internet, or the placement or transmission of any message, information, software or other materials on the Internet by you; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and damages to or loss of any property, which may, in any way, arise out of or result from this Agreement, and/or your use of the Internet and this Website, except to the extent that such liabilities arise from the active gross negligence or willful misconduct of Hudson Golf, LLC or another party; or (e) claims for infringement of any intellectual property rights arising from your use of the Hudson Golf, LLC Website or the Internet.
13. Governing Law. Except for trademark and copyright matters governed by the Federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the principles of conflict of law thereof. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
14. Applicability. The terms of this Agreement apply only to your access to and use of this Website and the server and do not apply to your use of any other Hudson Golf, LLC products or services. The terms and conditions applicable to such other Hudson Golf, LLC products or services shall apply to and govern your rights and obligations (and Hudson Golf, LLC’s) with respect to your use of such other products or services.
15. Severability of These Terms and Conditions. If any part of these Terms and Conditions of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms and Conditions of Use are fully enforceable and legally binding.
16. Waiver. By registering, reserving or using any of the indoor golf simulators, or engaging in any activity similar to golf, at 16 Hudson Place, Hoboken, NJ, you agree to be bound by the terms of the Waiver of Liability posted at the following here. Your failure to sign and agree to the terms of the Waiver of Liability is not a defense to any waivers provided for in such Waiver of Liability, and your participation in activities at the facility located at 16 Hudson Place, Hoboken, NJ is constructive acknowledgement and agreement to the terms of the Waiver of Liability.