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ACCEPTABLE WEBSITE USE AND DATA POLICY

1. Overview

Smash Factor LLC is committed to protecting Smash Factor LLC's clients (whether actual or potential), employees and the company from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet/Intranet/Extranet-related systems, including but not limited to, the company’s name, website domain address, email, computer equipment, mobile devices, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of Smash Factor LLC. These systems are to be used for business purposes in serving the interests of the company, and of our clients and customers during normal operations.

2. Purpose

The purpose of this policy is to outline the acceptable use of the company’s name and website domain address, email, computer equipment and other electronic devices at Smash Factor LLC. These rules are in place to protect the clients (whether actual or potential), employees and Smash Factor LLC. Inappropriate use exposes Smash Factor LLC to cyber risks including virus attacks including ransomware, compromise of network systems and services, data breach, and legal issues.

3. Scope

This policy applies to the use of the company’s name and website domain address, email, company information, electronic and computing devices, and network resources to conduct Smash Factor LLC business or interact with internal networks and business systems, whether owned or leased by Smash Factor LLC. All clients (whether actual or potential), employees, contractors, consultants, temporary, and other workers at Smash Factor LLC are responsible for exercising good judgment regarding appropriate use of information, electronic devices, and network resources in accordance with Smash Factor LLC policies and standards, and local laws and regulation. Exceptions to this policy are documented in section 5.2 This policy applies to clients (whether actual or potential), employees, contractors, consultants, temporaries, and other workers at Smash Factor LLC, including all personnel affiliated with third parties.

4. Policy

4.1 General Use and Ownership

Smash Factor LLC proprietary information published on the company’s website, and/or stored on electronic and computing devices whether owned or leased by Smash Factor LLC, the client, employee or a third party, remains the sole property of Smash Factor LLC.
For security and network maintenance purposes, authorized individuals within Smash Factor LLC may monitor website activity, equipment, systems, and network traffic at any time.
Smash Factor LLC reserves the right to audit its website, networks and systems on a periodic basis to ensure compliance with this policy.

4.2 Unacceptable Use

The following activities are, in general, prohibited

Under no circumstances is an clients (whether actual or potential) or employee of Smash Factor LLC authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing Smash Factor LLC-owned resources. The lists below are by no means exhaustive but attempt to provide a framework for activities which fall into the category of unacceptable use.

4.2.1 System and Network Activities

The following activities are strictly prohibited, with no exceptions:

Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Smash Factor LLC.
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which Smash Factor LLC or the end user does not have an active license is strictly prohibited.
Accessing data, a server, or an account for any purpose other than conducting Smash Factor LLC business, even if you have authorized access, is prohibited.
Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted prior to export of any material that is in question.
Introduction of malicious programs into the network or server (e.g., viruses, worms, trojan horses, ransomware, etc.).
Revealing account password/passphrase to others or allowing use of your account by others.
Making fraudulent offers of products, items, or services originating from any Smash Factor LLC account.
Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, ping floods, packet spoofing, denial of service, brute-forcing accounts, and forged routing information for malicious purposes.
Port scanning or security scanning is expressly prohibited.
Circumventing user authentication or security of any host, network, or account.
Interfering with or denying service to any user other of Smash Factor LLC’s network and website (for example, denial of service attack).

By clicking "Accept," you agree to the terms and conditions.

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WAIVER OF LIABLITY AND HOLD HARMLESS AGREEMENT

There are certain inherent risks associated with participating in golf and/or golf training (including use of golf simulators/virtual golf practice facilities) that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you and/or your minor will be participating in at Smash Factor, LLC (the “Activities”).

HAVING READ THIS AGREEMENT and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that your (and/or your minor’s) participation in these Activities is voluntary and that you agree on behalf of yourself or your minor to all of the following:

ASSUMPTION OF RISK: I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABLITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.

INDEMNITY/HOLD HARMLESS: I, on behalf of myself and/or my minor and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold Smash Factor, LLC, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or affiliation with recreational facilities and the creation, production or distribution of Smash Factor, LLC-related marketing content on any Smash Factor, LLC-owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Smash Factor, LLC as the result of my or my minor’s participation in the Activities. I hereby allow Smash Factor, LLC to use my or my minor’s image or likeness without current or future compensation for marketing purposes related to Smash Factor, LLC.

RELEASE/WAIVER: In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my minor and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE Smash Factor, LLC from any and all liability associated with or related to my or my minor’s participation in the Activities and agree NOT TO SUE Smash Factor, LLC for any reason resulting from or associated with my or my minor’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Activities.

NO INSURANCE: I, on behalf of myself and/or my minor, acknowledge that Smash Factor, LLC does not carry insurance on behalf of myself or my minor.

LEGAL RIGHTS: I, on behalf or myself and/or my minor, understand and acknowledge that I/we are surrendering valuable legal rights in this agreement.

SEVERABILITY: I, on behalf or myself and/or my minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State of California for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to Smash Factor, LLC as permitted by the applicable law.
NO USE OF SPIKED SHOES (CLEATS): Use of spiked (cleated) golf shoes are prohibited at Smash Factor LLC’s facilities.

ACCEPTANCE

Participant’s Name:

Signature:

Date:

FOR PARTICIPANTS OF MINORITY AGE - (UNDER AGE 18 AT THE TIME OF REGISTRATION) CONSENT AND RELEASE ON BEHALF OF MINOR

I am the parent and/or legal guardian of the above named minor participant. I have read this agreement thoroughly and understand all of the terms. I understand that I am surrendering legal rights on behalf of the minor and myself. I, on behalf of myself and my minor, agree to be bound by all of the terms of this agreement and also give my consent to allow my minor to participate in the Activities described herein. I release and agree to indemnify and hold harmless the Releasees from any kind and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, even if arising from the negligence of the releases, to the fullest extent permitted by law.

Parent/Guardian’s Name:

Relationship to Minor:

Parent/Guardian’s Signature: