Golf Swing Concepts and Automatic Swing Trainer™ Terms of Use

These Terms and Conditions of Use (“Terms”) are entered into by and between you and Golf Swing Concepts International, LLC, a Nevada corporation (“GSCI”), the manufacturer of Automatic Swing Trainer™. In consideration of your use of and access to this Internet site and GSCI’s telephone ordering services, and the promises and obligations herein, and intending to be legally bound, you and GSCI hereby agree as follows:

Your access to and use of the GSCI Services is subject to these Terms, which incorporate the separately posted Privacy Policy, as well as any modifications to them issued by GSCI and all applicable laws and regulations. If you do not want to be bound by these Terms or policies, do not use the GSCI Services. These Terms do not govern your use of any websites of GSCI’s affiliates based outside the United States or of any other services offered by GSCI’s affiliates outside the United States.

Among other things, the GSCI Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the GSCI Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.

1. Changes in Terms
   GSCI shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the GSCI Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the GSCI Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GSCI to these Terms. ANY ACCESS OR USE OF THE GSCI SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than GSCI shall be valid or enforceable against GSCI unless expressly agreed to by GSCI in a writing signed by a duly authorized officer of GSCI.
2. Termination of Terms
   These Terms are effective until terminated by GSCI. GSCI may terminate these Terms without notice and at any time in connection with any of the GSCI Services. In the event of termination, you are no longer authorized to access those GSCI Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

   GSCI shall also have the right without notice and at any time to terminate some or all of the GSCI Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the GSCI Services or any feature or portion thereof.

3. Compliance
   You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the GSCI Services and your purchase of products or services through them. You must be at least 18 years old to use the GSCI Services.
4. Content & Copyrights
   The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by GSCI on or through the GSCI Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

   The Content may contain errors, omissions, or typographical errors or may be out of date. GSCI may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GSCI in any way except to the extent it is specifically indicated to be so.

   Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GSCI or by third parties that have licensed their use to GSCI. You may view and use the Content only for your personal information and for shopping and ordering on or through the GSCI Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, GSCI does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the GSCI Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by GSCI, is strictly prohibited.

   Third Party Links and References
   Links to other Internet sites operated by third parties, including GSCI vendors, do not constitute sponsorship, endorsement, or approval by GSCI of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GSCI, and GSCI is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

5. Product Ordering
   All prices displayed in the GSCI Services are quoted in U.S. dollars. GSCI may restrict delivery to addresses within the United States and Canada. GSCI will add shipping and handling fees and applicable sales/use tax. GSCI reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the GSCI Services without incurring any obligation to you. Products and services offered on this site are available while supplies last.

   The receipt by you of an order confirmation does not constitute GSCI’s acceptance of an order. Prior to GSCI’s acceptance of an order, verification of information and approval of the order may be required. GSCI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from GSCI, for any reason. If your credit card has already been charged for the purchase and your order is canceled, GSCI shall promptly issue a credit to your credit card account in the amount of the incorrect price.

   The risk of loss and title for all products purchased by you and shipped by GSCI pass to you upon GSCI’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of GSCI’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.

   All items ship out from our facilities the next business day after the order is placed.

6. Website Disclaimer and Limitation of Liability
   GSCI MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GSCI SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. GSCI ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GSCI SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GSCI SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE GSCI SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE GSCI SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

   UNDER NO CIRCUMSTANCES SHALL GSCI, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE GSCI SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GSCI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Products and Services Disclaimer and Limitation of Liability
   GSCI wants you to be completely satisfied with your purchase through the GSCI Services. If for any reason you are not entirely pleased with a product you purchased through the GSCI Services, simply return it within 14 days of receipt for exchange or refund of the purchase price, less 15% restocking fee. Call (480)829-0154 begin_of_the_skype_highlighting              (480)829-0154      end_of_the_skype_highlighting for a return authorization code prior to shipping.

   EXCEPT AS EXPRESSLY STATED HEREIN, GSCI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE GSCI SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

   UNDER NO CIRCUMSTANCES SHALL GSCI, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE GSCI SERVICES, EVEN IF GSCI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GSCI’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

8. Indemnification
   You agree to defend, indemnify, and hold harmless GSCI, GSCI’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the GSCI Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the GSCI Services or any product or service provided to you arising out of or relating to your use of the GSCI Services.
9. Submissions
   Except as otherwise expressly provided herein or in GSCI’s separately posted Privacy Policy, any communication or material you transmit to GSCI through the GSCI Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by GSCI, GSCI vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, GSCI, GSCI vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to GSCI through the GSCI Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
10. Miscellaneous
    These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GSCI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

    GSCI shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

    Access to or use of the GSCI Services shall not be construed as GSCI’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflicts of law provisions. Additionally, any claims brought against GSCI shall be governed by and construed in accordance with the laws of the State of Nevada. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the GSCI Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in Clark County, State of Nevada.