Terms of service
Effective Date: December 7, 2024
Welcome to PUTT PREVIEW software and its associated device clamp hardware and accessories("the App"). Russell Kalil is the sole proprietor of the App. By using the App, you agree to comply with and be bound by the following terms and conditions of use ("Terms of Use"). Please review these Terms of Use carefully.
Acceptance of Terms
By using the App, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the App.
Use of the App
You agree to use the App in accordance with all applicable laws and regulations. You are solely responsible for any activity that occurs through your use of the App. You agree not to use the App for any unlawful or prohibited purpose, including but not limited to:
- Impersonation: Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
- Interference: Interfering with or disrupting the security, integrity, or performance of the App or the data contained therein.
- Harmful Activities: Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by the sole proprietor, may harm the sole proprietor or users of the App or expose them to liability.
- Accessing Unauthorized Areas: Attempting to gain unauthorized access to any portion or feature of the App, other accounts, computer systems, or networks connected to the App, through hacking, password mining, or any other means.
- Transmission of Malware: Transmitting any viruses, worms, or any other code of a destructive nature.
- Collection of Information: Collecting or harvesting any personally identifiable information from the App without consent.
You agree to comply with any additional guidelines or rules posted on the App. The sole proprietor reserves the right to monitor your use of the App and to investigate any violations of these Terms or conduct that affects the App. The sole proprietor reserves the right to take any action it deems appropriate, including termination of your access to the App.
Intellectual Property
All content, features, and functionality of the App, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are the exclusive property of the sole proprietor, its licensors, or other providers of such material and are protected by the USA and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The sole proprietor name, the Putt Perfect logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the sole proprietor or its affiliates or licensors. You must not use such marks without the prior written permission of the sole proprietor. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
Any use of the App other than as specifically authorized herein, without the prior written permission of the sole proprietor, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
License Grant
Subject to your compliance with these Terms, the sole proprietor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the mobile application (the "App") on a single mobile device that you own or control, solely for your personal, non-commercial use. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
Any attempt to do so is a violation of the rights of the sole proprietor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by the sole proprietor that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Disclaimer of Warranties
The App is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. The sole proprietor disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The sole proprietor does not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components. The sole proprietor does not guarantee the accuracy, reliability, or completeness of any information or content provided through the App. You are solely responsible for any damage to your device or loss of data that results from the download or use of the App.
To the fullest extent permitted by applicable law, the sole proprietor disclaims any and all liability for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of or inability to use the App, including, but not limited to, any damages to secondary hardware (like the smart phone device the App is running on), loss of profits, goodwill, use, data, or other intangible losses, even if the sole proprietor has been advised of the possibility of such damages
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the sole proprietor, its affiliates, licensors, or service providers be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the App, any content on the App, or any services or items obtained through the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the sole proprietor has been informed of the possibility of such damage.
In no event shall the sole proprietor's total liability to you for all damages, losses, and causes of action exceed the amount you have paid, if any, for accessing the App. If you have not paid the sole proprietor for the use of the App, then the sole proprietor shall not have any liability to you for any damages arising out of your use of the App. You agree to use the App at your own risk.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless the sole proprietor and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of the App (including negligent or wrongful conduct) by you or any other person accessing the App using your account or device.
The sole proprietor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the sole proprietor in asserting any available defenses.
Changes to Terms of Use
We reserve the right to modify these Terms of Use at any time. Your continued use of the App following any changes indicates your acceptance of the new Terms of Use.
Miscellaneous
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and the parties agree to comply with the provision as modified.
Entire Agreement: These Terms constitute the entire agreement between you and the sole proprietor regarding the use of the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by the sole proprietor.
Waiver: No failure or delay by the sole proprietor in exercising any right under these Terms will operate as a waiver of that right or any other right. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the sole proprietor.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the sole proprietor's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. the sole proprietor may freely assign or transfer these Terms without restriction.
Governing Law: These Terms are governed by and construed in accordance with the laws of Connecticut, USA, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within Connecticut, USA to resolve any dispute arising out of these Terms or the App.
___________________________________________________________________
PUTT PREVIEW - APP Privacy Policy
Effective Date: December 7, 2024
At Putt Preview, we value your privacy. This Privacy Policy explains how we handle your information when you use our App.
Information Collection
- The App does not collect any personal information from users.
- There is no registration or sign-in required to use the App.
Use of Information
- Since we do not collect personal information, we do not use or share any personal data with third parties.
Data Security
- We are committed to ensuring that your information is secure. However, since we do not collect any personal data, there is no data at risk of exposure.
Changes to Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be posted within the App, and your continued use of the App will constitute your acknowledgment of the changes and your consent to abide and be bound by the updated Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, please contact us at russ@puttpreview.com.