Copyright & Legal Issues
The Mulligan Concept™ and all logos or trademarks are protected under New Zealand and foreign copyright and trademark laws. All rights reserved. All other logos or trademarks are copyrighted and are owned and protected by each respective party.
Terms and Conditions of Use/Privacy Policy The Mulligan Concept Web Site Terms and Conditions of Use/Privacy Policy
Welcome to the Web site operated by The Mulligan Concept Web Site. This web site (the "Mulligan Web Site" or the "Web Site") provides general information about Mulligan Concept™ and its services or products free of charge. All uses of The Mulligan Concept Web Site are subject to the following terms and conditions of use (these "Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Privacy Policy which is incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
The Mulligan Concept™ may revise and update these Terms of Use at any time by posting the amended terms to this Web Site. Your continued use of The Mulligan Concept Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to The Mulligan Concept™ or its licensors and are protected by New Zealand and International laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on The Mulligan Concept Web Site for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of The Mulligan Concept™, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the The Mulligan Concept Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual pproperty rights to any information or material on this Web Site are transferred to you, but remain with The Mulligan Concept™ or the applicable owner of such content. Except as expressly authorized by The Mulligan Concept™ in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site, or use of this Web Site or of any services or materials available through this Web Site.
TRADEMARKS
The term "The Mulligan Concept" is a trademark and The Mulligan Concept™ logo and all related product and service names, designs and slogans are The Mulligan Concept trademarks. You may not use such marks without The Mulligan Concept’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
MEDICAL ADVICE IS NOT PROVIDED ON THIS WEB SITE
The information and content contained on the The Mulligan Concept Web Site is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment.
You should always seek the advice of your physician or other qualified health provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the The Mulligan Concept Web Site. The Mulligan Concept™ does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Web Site, and The Mulligan Concept™ does not make any representations regarding their quality reliability or accuracy. Reliance on any information provided by The Mulligan Concept™, The Mulligan Concept™ employees and teaching staff, or other visitors or contributors to the Web Site is solely at your own risk.
LIABILITY OF The Mulligan Concept™ AND ITS LICENSORS
The Mulligan Concept™ does not assume any liability for the materials, information and opinions provided on, or available through, the The Mulligan Concept Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Mulligan Concept™ disclaims any liability for injury or damages resulting from the use of any Site Content.
The Mulligan Concept WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER The Mulligan Concept™ NOR ANY PERSON ASSOCIATED WITH The Mulligan Concept™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE The Mulligan Concept WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER The Mulligan Concept™ NOR ANYONE ASSOCIATED WITH The Mulligan Concept™ WARRANTS OR REPRESENTS THAT THE The Mulligan Concept WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE The Mulligan Concept WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE The Mulligan Concept WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. The Mulligan Concept™ DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL The Mulligan Concept™ OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE The Mulligan Concept WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE The Mulligan Concept WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY The Mulligan Concept™ AND WHETHER OR NOT The Mulligan Concept™ HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless The Mulligan Concept™ and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the The Mulligan Concept Web Site or the delivery of products, services or information from the The Mulligan Concept Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the The Mulligan Concept Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
The Mulligan Concept™’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy and is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
The Mulligan Concept™ welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by The Mulligan Concept™ or its advertisers or business partners or in response to solicitations on this Web Site, will become The Mulligan Concept™’s property, and you agree that all intellectual property rights therein are transferred to The Mulligan Concept™. You understand that any postings to publicly available portions of the The Mulligan Concept Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES
The The Mulligan Concept Web Site may contain links to other web sites on the Internet. The Mulligan Concept™ is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the The Mulligan Concept Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you choose to correspond, participate in a promotion or engage in transactions with any merchant linked to through this Web Site, you acknowledge and agree that The Mulligan Concept™ is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that The Mulligan Concept™ will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of links to such merchants on this Web Site.
COMPLIANCE
The owner of this Web Site is based in Wellington, New Zealand. The Mulligan Concept™ makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
CONTACT
Please contact the The Mulligan Concept™ Webmaster at: webmaster@bmulligan.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of New Zealand, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and The Mulligan Concept™ with respect to the The Mulligan Concept Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
The Mulligan Concept™’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and The Mulligan Concept™ nor any trade practices shall be deemed to modify these Terms of Use.
PRIVACY POLICY
The Mulligan Concept™ respects your personal privacy and is committed to adhering to national privacy laws and industry guidelines in order to protect you and your identity. This privacy policy ("Privacy Policy") describes how we handle the personal information that you provide to us on this web site (the "Web Site"). This Privacy Policy applies only to this Web Site and does not apply to the privacy practices of any other third party sites that may be accessible from here.
After reading this Privacy Policy, which is incorporated into and is a part of this Web Site’s terms of use you will know:
- What information The Mulligan Concept™ collects from you;
- How The Mulligan Concept™ uses your information;
- What choices you have about how The Mulligan Concept™ treats your information;
- How The Mulligan Concept™ protects your privacy;
- How you can contact The Mulligan Concept™.
Please be sure to read this Privacy Policy before using this Web Site or submitting information to us. Our Privacy Policy may change from time to time and your continued use of this Web Site is acceptance of such changes, so please check this area periodically for updates to this Privacy Policy.
1. INFORMATION The Mulligan Concept™ COLLECTS FROM YOU
Active Information Collection
Like many other web sites, we actively collect information from our visitors both by asking specific questions on this Web Site and by permitting you to communicate directly with us via e-mail. Some of the information that you submit may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, etc.). Remember, if you send us an e-mail message, you provide us with your e-mail address.
Passive Information Collection
As you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection. Like most web site operators, we may track IP addresses, use both session and persistent cookies, or assign Internet tags. Our system may also automatically gather information about the areas you visit on this Web Site and collects operational information about the technology you use, such as your browser, type of computer, operating systems, and Internet service providers.
We passively collect information to understand what areas of this Web Site are most popular, which areas may require improvement, and what technologies are being used by our visitors. This information helps us to update and improve this Web Site. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.
2. HOW The Mulligan Concept™ USES YOUR INFORMATION
The Mulligan Concept™ uses your personal information to enhance the operation of this Web Site and allow you to use all of its features. The Mulligan Concept™ may provide aggregate statistics about users of our Web Site, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information. The Mulligan Concept™ also will disclose any information that it is required to disclose by law or by an appropriate government authority.
Although The Mulligan Concept™ does not currently rent, sell, or otherwise share your information with third parties for purposes unrelated to this Web Site, The Mulligan Concept™ may share information with its business partners. If you do not want your information to be shared, you should contact us at webmaster@bmulligan.com
3. CHOICES YOU HAVE ABOUT HOW The Mulligan Concept™ USES YOUR INFORMATION
We strive to provide you with as many choices and as much control as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Web Site may then be inaccessible or not function properly. You may choose to receive certain information by clicking a request box on certain pages of the Web Site.
You should review this Privacy Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use this Web Site. Remember, by using any part of this Web Site, you accept and agree to our privacy practices. If we update this Privacy Policy, your continued use of this Web Site (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy.
4. HOW The Mulligan Concept™ PROTECTS YOUR INFORMATION
We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases, including 128 bit, SSL security. This Web Site contains links to other web sites operated by third parties that may be of interest to you. We cannot control these third party sites, which may collect personal information from you. When you follow a link and leave this Web Site, you do so at your own risk.
5. HOW YOU CAN CONTACT The Mulligan Concept™
If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this Web Site, please write to us at:
MCTA Secretary
Brian Folk
6714 Antilope Street,
Carlsbad
California, 92009
USA
Tel: 760-518-0249 (Bus)
Fax: 760-438-7987
E-Mail: bfolk@roadrunner.com
Or you may email the with your questions or concerns about privacy issues.
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