Welcome to SwingLube (“website”)
SwingLube is owned and operated by AGL Promotions, LLC. (“AGL”). We ask that you review these Terms of Use (“Agreement”), which are intended to constitute a binding agreement that conditions your use of our website. If you do not wish to be bound by this Agreement after you have read it, please leave the website. If you remain or return to www.SwingLubepro.com then you confirm that you have read, accepted and agree to be bound by this Agreement, and any future modifications. We may change the terms of this Agreement in our sole discretion: your ongoing access to www.SwingLubepro.com is conditioned on your acceptance of the then-current version of this Agreement. We will post a notice on this website following any modifications. Please note that if you arrive at any of our partners' or affiliates’ websites, you may also be subject to the terms and conditions of that third-party website. You may browse some areas of our website for free and without registering, however, you must be registered to post an article or advertisement or access other features, functions or content.
Description of our Service
AGL offers the SwingLube breathalyzer unit (the “Service”). We assume no responsibility for the timeliness of delivery of the Service, storage and delivery of information you upload, or personalization settings.
Registration for an Account / Privacy
To post any materials to SwingLube, including but not limited to, text, images, illustrations, audio clips, and video clips (“Content”) and access our Services, you must first complete the process to create an account with a unique user name and password (“Sign-In Information”). You will be asked to provide other information such as your name, address, telephone number, e-mail address, city, state, and zip code. All of the information that you give us is subject to our Privacy Policy (www.SwingLubePro.com/privacy). You are responsible for maintaining the confidentiality of your Sign-In Information and your account data, and for ensuring that all activities that occur in connection with your account comply with this Agreement. You may not access or use the Service in any way that is not in compliance with any applicable local, state, national or international law, contracts, intellectual property rights or that constitutes the commission of any tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with this Agreement. Your account is non-transferrable and non-assignable.
NOTE: You must provide accurate and current information. If you provide any information that is false, misleading, inaccurate, not current or incomplete during registration or otherwise, we reserve the right to suspend or permanently terminate your account and refuse any and all current or future use of our website. Without limiting any other remedies, AGL reserves the right to suspend or permanently terminate your account if we suspect that you have used SwingLube to engage in any fraudulent activity.
Purchase Policy
Purchases on SwingLubePro.com may be subject to a per-item convenience charge and a non-refundable per-order processing fee and cancellation fee. Payments shall be made via VISA, MasterCard or Discover at the time of purchase. To some users, we may offer credit terms, payable on a net 15 basis. Invoiced users must agree to the “Invoice Terms of Agreement” as presented by us during the first purchase transaction.
User Eligibility and Age Appropriateness
The website is not for use by anyone under 18 years old, unless he or she is supervised by a parent or legal guardian who accepts responsibility for that minor’s activities. If you do not qualify, please do not use the website. If you are using the website on behalf of a business, you represent that you have the authority to bind the business to this Agreement.
Our Content: Copyrights & Restrictions on use and Publication
All Content on SwingLube is protected by intellectual property rights of us or our licensors. Except as expressly set forth herein, this Agreement does not grant you any rights, implied or otherwise, to our Content or our intellectual property. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from SwingLube, or any other website, without the prior written permission of the Content’s owner. AGL grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights we have in our Content, to privately display and perform our Content on your computer for your own personal, noncommercial purposes.
License
You hereby grant to AGL a worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive right and license to use, reproduce, modify, transmit, distribute, publicly perform and display, advertise in on and around, and create derivative works of your Content in any form, media or technology now known or later developed. We may (but are not obligated to) display your Content, including your username and your actual name.
Control
If, prior to such removal or modification, we have distributed, or developed specific plans to distribute, any electronic, printed or other materials containing your Content e.g., in advertising, promotion or otherwise), then we have a limited right to continue to distribute, and/or continue with our plans to distribute, those materials.
Responsibility
You are entirely responsible for all Content that you post through our website. When you post Content, you represent and warrant that:
Prohibited Content
You must not post to the Service any Content that, as reasonably determined by AGL, is or appears to be:
We do not provide any Pre-Screening or Editing
SwingLube may offer weblogs, forums, photo galleries and other interactive areas where users can express opinions, share ideas, and share information. AGL cannot and does not monitor all of the material posted or transmitted to our website. Additionally, AGL does not control, and is not responsible for Content made available through our website by others. By using our website, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of our website and any of its Content, including but not limited to whether you should rely on said Content.
You also agree that under no circumstances will AGL or its affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise made available via our website. You acknowledge that AGL and its affiliates may not pre-screen or approve Content, but that AGL shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via our website, for violating the letter or spirit of this Agreement or for any other reason. AGL reserves the right to delete any posting, message, photograph, video, multimedia file or other Content at any time, for any reason or no reason.
Termination
AGL may at any time, without notice to you, terminate your access to the Service, and your account, or block your access to the Service, and/or your account if we believe in our sole discretion that you may have violated this Agreement or have otherwise engaged in activities that may harm or damage the reputation, rights, person or property of AGL, our users, or any other person.
Upon termination of your account or the Service, this Agreement and any license granted will also terminate, except that the following provisions survive the termination: Sections 4 (Purchase Policy), 6 (Our Content), 7 (Your Submissions), 11 (Dealings with Merchants), 12 (Indemnification), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Notices), 16 (Jurisdiction), and 17 (Additional Terms). If your account or access to the Service is terminated, you may no longer have access to the Content you posted with the Service.
Dealing with Merchants; Links
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. AGL is not responsible or liable for: (i) the availability or accuracy or such sites or advertisements or (ii) the content, products or services available from such websites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. AGL’s Privacy Policy is applicable only when you are on SwingLube. Once you link to another website, its privacy statement applies to any personal information you supply. Your transactions and other dealings with third party merchants or advertisers that are found on or through our Service, including “click to purchase”, “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Indemnification and Releases
You agree to hold AGL and its subsidiaries, members, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, “Indemnified Persons”) harmless from and indemnify them for all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Services and Content; (ii) your violation of this Agreement; (iii) any dispute you have with any merchant or advertising found on or through the Service; (v) AGL’s resolution (if any) of any dispute you have with any user of the Service; and (vi) any disclosures made with your permission.
In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through our website, you release the Indemnified Persons from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."
Disclaimer or Warranties
AGL provides SwingLube and the Service "AS-IS" and "AS AVAILABLE" and without warranty of any kind. AGL expressly disclaims any and all warranties, whether express, implied or statutory, including, but not limited to, the implied warranties of accuracy, merchantability, usage of trade, and fitness for a particular purpose, the warranties of non-infringement and noninterference with your enjoyment. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
AGL makes no warranty that our website or Services will satisfy your requirements, or that the availability of our website will be uninterrupted, timely, secure, error free, or virus free. Nor does AGL make any warranty as to the results that may be obtained from the use of SwingLube or as to the accuracy or reliability of any information.
You understand and agree that obtaining any information or material and/or goods or services through SwingLube is done at your own discretion and risk and that you will be solely responsible for any damages. No advice or information, whether oral or written, obtained by you from AGL or through or from our website shall create any warranty not expressly stated herein.
Limitation of Liability
IN NO EVENT SHALL INDEMNIFIED PERSONS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOTS PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN OF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED IN TOTAL, ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to you.
Notices
Notices given pursuant to this agreement that are directed to SwingLube or AGL shall be given by postal mail to:
Any notice from our website that is directed to you shall be delivered to the mailing address or e-mail address you provided us at the time of Registration, or as you may update that information from time to time. Notice shall be deemed given twenty-four (24) hours after e-mail is sent or, in the case of notice sent via postal mail, three (3) business days after the date of mailing.
Jurisdiction
This site is controlled and operated by AGL Promotions. AGL Promotions does not represent or warrant that Materials on our website are appropriate or available for use in other locations. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, as it is applied to agreements entered into and performed within that state. Any action brought to enforce this Agreement or matters related to our website shall be brought in either the state or federal courts of Colorado. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and AGL Promotions concerning your use of SwingLube and the Service.
Additional Information; Miscellaneous
We may change our Privacy Policy from time to time and our changes are effective at time of posting. In addition, other rules and guidelines posted throughout SwingLube may govern your activities and use of our website.
This Agreement does not create any agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries to this Agreement.
This Agreement is personal to you and may not be assigned by you.
Any action concerning any dispute with respect to this website or the Service must be commenced within one year after the cause of the dispute arises, or the action is barred.
No failure of any party to exercise or enforce any right or provision of this Agreement will constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest you print out a copy of this Agreement for your records.
© AGL Promotions, Inc. All rights reserved. Last Updated: January 1, 2024
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