Legal

  • CaddieTrack – Terms of Use

    This Terms of Use (“Agreement”) is a binding agreement between you (“End User,” “you” or “your”) and Cognetik Labs, Inc., a Delaware corporation (“Company”). This Agreement governs your use of CaddieTrack (including all related documentation, the “Application”). The Application is licensed, not sold, to you. The Company reserves the right to revise this Agreement at any time, with or without notice. As such, you should check this Agreement periodically. If you access the Application after the Company has posted changes to this Agreement, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, you will be notified of the date this Agreement was last modified.  

    BY DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

    1. License Grant. Subject to the terms of this Agreement, the Privacy Policy and any other requirements of the Company (including requirements to pay a subscription), the Company grants you a limited, non-exclusive, and nontransferable license to:

      1.  download, install, and use the Application for your personal, non-commercial use on a single mobile phone, tablet, computer, or other similar device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application's documentation; and 

      2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in 5.

    2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not: 

      1. copy the Application, except as expressly permitted by this license;

      2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

      3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

      4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

      5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

      6. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

      7. use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;

      8. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

      9. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; or

      10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.  

    3. Intellectual Property Rights. As between you and the Company, all intellectual property rights in and to the Application and the Content and Services ( as defined below) and all parts or components thereof, including all copy, software, source and object code, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein, are owned by and the exclusive property of the Company. Some materials in the Application or the Content and Services belong to third parties who have authorized the Company to display the materials, such as certain third-party licensors. By using the Application or the Content and Services, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Application or the Content and Services. All rights not granted under this Agreement are reserved by the Company.

    4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information the Company collects through or in connection with this Application is subject to the Company’s Privacy Policy at cognetiklabs.com/legal. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

    5. Content and Services. The Application may provide you with access to Company's website located at cognetiklabs.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by and Privacy Policy located at cognetiklabs.com/legal, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

    6. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

    7. Updates. The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

      1. the Application will automatically download and install all available Updates; or

      2. you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

    1. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

    2. Term and Termination.

      1. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this 9.

      2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

      3. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

      4. Upon termination:

        1. all rights granted to you under this Agreement will also terminate; and

        2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

      5. Termination will not limit any of Company's rights or remedies at law or in equity.

    3. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

    1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

      1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

      2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

    1. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your (i) use or misuse of the Application (including anyone using your account); (ii)your breach of this Agreement, including but not limited to the content you submit or make available through this Application; (iii) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property and other rights by you and others using your account; or (vi) violation of any law, regulation or other legal requirement.

    2. Export Use Restrictions. You will not export or re-export the Application or any technical information related to the Application to any destination restricted by law (including U.S. export control laws and regulations). 

    3. Taxes. You are responsible for any taxes imposed on any subscription or fee-based transactions conducted on or in connection with the Application and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and fee-Based transactions in connection with the Application may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time your transaction is completed.  No customers or users are eligible for tax exemptions for transactions made in connection with the Application.

    4. App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”).  You acknowledge that this Agreement is between you and the Company and not with the App Store.  The Company, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

    5. Statements Regarding Products and Services. All information provided by the Company through the Application, or from other information provided over the phone, email, or any other transmission, is purely for educational and informational purposes. This should never be interpreted as a recommendation to undertake a specific action or as a claim or representation regarding any particular product or service. The Company does not guarantee that any information on the Application is up-to-date or otherwise accurate. 

    6. Third-Party Advertisements and Hyperlinks. Now or in the future, the Company may allow third-party advertisers to advertise on the Application or Website. The Company takes no responsibility for, and shall not be liable for any loss or damage resulting from, your interactions with any third-party advertisers, including any online or other purchases from such third-party advertisers. This Application or Website may contain hyperlinks to other internet sites that are not under control by the Company. These hyperlinks are not express or implied endorsements or approvals of the Company of any products, services, or information available from these sites. The Company makes no representations or warranties regarding the information contained in such hyperlinked sites; your use of those sites is governed by their respective terms and conditions.  Use of any such linked site is at your own risk and the Company strongly advises you to make your own investigations with respect to the suitability of those sites. 

    7. Feedback. If you provide the Company with any feedback or suggestions regarding the Application, Website, or the Company’s products (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

    8. Social Media. If you choose to share photos, videos, or messages on Instagram, Facebook, Twitter, and other social media channels (“Social Media”), using hashtags or other @ labeled content (collectively, the “Tagged Media”), you acknowledge and agree that the Company may use such Tagged Media on their Application, Website, or any associated social media webpages operated by the Company. You grant the Company permission to use and authorize others to use your name and/or social media handle in association with the Tagged Media publicly for promotional purposes. You acknowledge that posting your Tagged Media containing your personal information such as your name, voice, and/or photos, does not violate or infringe on the rights of any third party, including, without limitation to privacy rights, publicly rights, copyrights, trademark, or other intellectual property rights.

    9. Subscriptions. Some parts of the Application are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your subscription renewal through the App Store. You will not receive a refund for the fees you already paid for your current subscription period, and you will be able to access the Application until the end of your current subscription period. All purchases and billing for the Application are handled through the App Store. You are responsible for providing the following in connection with purchases made in the App Store: accurate and complete billing information including full name, address, state /county, zip/post code, telephone number, and a valid payment method information. Since your subscription is made through the App Store, all billing is governed by the App Store’s own terms and conditions, in addition to this Agreement. The Company has no responsibility or liability for losses based on payment or billing problems caused by the App Store. The Company, in its sole discretion and at any time, may modify the fees for subscriptions. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Application after any subscription fee change becomes effective constitutes your agreement to pay the modified subscription fee amount. Except when required by law, paid subscription fees are non-refundable.  Certain refund requests for subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Since billing is handled through the App Store, the App Store’s refund policy will apply. 

    10. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. 

    11. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

    12. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    13. Entire Agreement. This Agreement and the Company’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

    14. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 

    Last modified: August 29, 2024