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LEGAL NOTICES

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEB SITE. By using or accessing this web site you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this web site. WhipGolf, LLC can revise these terms of use at any time without notice by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

CONTENTS
In connection with viewing and using this web site you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this web site are expressly prohibited without the written consent of WHIPGOLF, LLC and any copyright owner from whom we have obtained a license. Requests for such permission should be sent to info@whipgolf.com. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without WHIPGOLF, LLC's written permission.

This web site contains hyperlinks to third party web sites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. WHIPGOLF, LLC has no control over the content or policies of such third party web sites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any web sites hyperlinked to this web site. Those who choose to access information from this web site (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this web site is strictly prohibited. WHIPGOLF, LLC reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights WHIPGOLF, LLC may have.


PRODUCTS, SERVICES AND SOFTWARE
A description or reference to a third-party product, service or publication on this web site (including any description or reference via hyperlink) does not imply endorsement by WHIPGOLF, LLC of that product, service or publication. Products offered through this web site shall be warranted, if at all, through the written license or warranty provided in connection with such product.

PATENTS, TRADEMARKS, AND COPYRIGHTS
Our web site contains many WHIPGOLF, LLC trademarks and service marks including the WHIPGOLF, LLC Logo. All marks are the property of WHIPGOLF, LLC. All rights in the intellectual property contained in this web site including copyright, trademarks, trade secret and patent rights are reserved. Nothing on this web site shall be construed as conferring any license under any product images, graphics or other intellectual property except as explicitly provided in these terms.

Except as otherwise noted, WHIPGOLF, LLC is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).

WhipGolf, LLC asserts ownership of several words and combinations of words as trademarks. WhipGolf, LLC intends the goods, services, and game(s) described and/or sold on this website to be an indication of a source of origin, with goodwill accruing to WhipGolf, LLC. The following words and phrases, and combinations thereof, are considered trademarks of WhipGolf, LLC, including various capitalizations, stylized lettering or symbols, and combinations thereof: WhipGolf, The Whip, WHIP, Whipstx, Revolution, WhipGolf Revolution, WhipGolf One, and Whipstick. Other words on the website may be used in a trademark sense without being included in the preceding list. Some of these words appear on the web site with the notation (TM) and others may not, but the absence of the symbol does not mean the word or words are not being used as a trademark.  Registered trademarks may be denoted with the symbol (R) or the letter "R" inside a circle.

A Principal of WhipGolf, LLC is the inventor of the modern sport of throw golf, and related equipment. Four U.S. Patents have issued and will be enforced.  Other patents are pending. You agree by use of this website that you are aware of the issued Patents, and pending patents, and have received notice that competition may or will be limited by issued or valid intellectual property rights. Treble damages and attorneys fees may result as a consequence of patent infringement and unfair competition.  All rights reserved. Licensing inquiries may be sent to info@whipgolf.com.

The U.S. patents referenced above include the following: U.S. Patent 9,630,076; U.S. Patent 9,149,695; U.S. Patent D768,796; U.S. Patent D784,466..  This page is intended to serve as notice under 35 U.S.C. 287(a).


AVAILABILITY OF PRODUCTS AND SERVICES

WHIPGOLF, LLC makes certain products and services available for sale on this web site. A purchase may be initiated by contacting WhipGolf, LLC at info@whipgolf.com or by filling out and submitting a contact form. This website is intended to facilitate interstate commerce for sporting goods, apparel and other articles.

WHIPGOLF, LLC makes no representations or warranties that this web site is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this web site or WHIPGOLF, LLC 's computer systems. The pages on this web site may contain technical inaccuracies, outdated information and typographical errors. THIS WEB SITE IS PROVIDED "AS IS." WHIPGOLF, LLC DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEB SITE. WE DO NOT WARRANT THAT THIS WEB SITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WHIPGOLF, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WHIPGOLF, LLC 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
USE OF ANY WHIPGOLF, LLC PRODUCT IS THE RESPONSIBILITY OF THE EQUIPMENT OWNER AND/OR USER, AND WHIPGOLF, LLC SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY RELATING TO USE OR MISUSE OF THE PRODUCT.

JURISDICTION AND CHOICE OF LAW
WHIPGOLF, LLC controls and manages this web site from its facilities in the state of Virginia. Unless otherwise stated, materials and content on this web site are presented solely for promoting products and services in Virginia and the United States of America. Information published on this web site may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this web site are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law. You and WHIPGOLF, LLC irrevocably consent to the exclusive jurisdiction of the courts located in Virginia in connection with any action arising out of or related to these terms of use or their subject matter. You and WHIPGOLF, LLC waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Specific areas or pages of this website may include additional or different terms relating to the use of this web site. In the event of a conflict between such terms and these terms of use such specific terms shall control.

 

 


 

 

Springfield, VA 22153 United States 703-598-9025

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