90217

ION GOLF

Alertxt LLC owns and operate this Application (ION.GOLF). This document governs your relationship with ION GOLF (“Application”). Access to and use of this Application and the products and services available through this Application (collectively, the "Services") are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Application.

Links This Application may contain links to other websites (the "Linked Sites"), which are not operated by Alertxt LLC. Alertxt LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy Our privacy policy, which sets out how we will use your information, can be found below. By using this Application, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions You must not misuse this Application. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Application. Breaching this provision would constitute a criminal offense and Alertxt LLC. Will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Application or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content The intellectual property rights in all software and content (including photographic images) made available to you on or through this Application remains the property of Alertxt LLC. All such rights are reserved by Alertxt LLC and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Application, nor may you use any such content in connection with any business or commercial enterprise.

Alertxt LLC reserve the right to refuse or cancel customers’ orders at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, fraud or an unauthorized or illegal transaction is suspected or other reasons.

While Alertxt LLC Application’s facilitates consumers making purchases with you. The actual payment processing is done though Clover or other third-party parties which you have engaged with. Alertxt LLC is not responsible for any processing charges other than the subscriptions fees to use our service.

Accounts When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username or photo that is offensive, vulgar or obscene.

Alertxt LLC and its Merchants reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

If fraud or an unauthorized or illegal transaction is suspected Alertxt LLC at its sole discretion provide law enforcement with information surrounding the activity.

Availability, Errors and Inaccuracies Merchants are constantly updating deals, offers and product and service offerings on the Application. We may experience delays in updating information on the Application. The information found on the Application may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Application and we cannot guarantee the accuracy or completeness of any information found on the Application. Alertxt LLC and Merchants therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Disclaimer of Liability The material displayed on this Application is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Application and the Merchants, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Application or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Alertxt LLC liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Application You may link to our application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third-party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Application are in no way associated, linked or affiliated with Alertxt LLC and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Application are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Alertxt LLC.

Indemnity You agree to indemnify, defend and hold harmless Alertxt LLC its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Application or your breach of the Terms of Service or a Merchant failure to perform.

Variation Alertxt LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Application.

Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Entire Agreement the Above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Alertxt LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Alertxt LLC.