Privacy Policy and Terms of Use
Last Modified: 12-28-10
This Privacy Policy and Terms of Use ("Agreement," "Privacy Policy" or "TOU") is a contract between you and Swing Advantage LLC, a Nevada limited liability company, for your use of the Swing Advantage website and the assets offered on that website. This Agreement affects your rights and you should read it carefully. We strongly encourage you to print the Agreement or save a copy to your computer's hard drive or other local storage device for your reference.
Who We Are
Swing Advantage Golf LLC ("Swing Advantage") is a manufacturer of swing training devices pursuant to one or more patents in the field. This website is operated by Swing Advantage , located at 848 N. Rainbow Blvd, #3747, Las Vegas, NV 89107. The contact person at the site is: Webmaster@swingadvantagegolf.com. You can also reach us by telephone at 1- 855-794-6424
COPPA Compliance
A United States Federal law named the "Children's Online Privacy Protection Act" (or "COPPA") states that we are required to obtain a parent's or guardian's consent before collecting or retaining any information on children under 13 years of age. Therefore, Swing Advantage does not collect information from anyone under 13 years of age. For additional information about COPPA, please visit the Federal Trade Commission website at http://www.ftc.gov.
Information Collected
Swing Advantage may collect an e-mail address for addition to our mailing list, or a complete customer profile, including name, address, phone number, e-mail address, and other personal information, for anyone who places an order for a product from our site. A customer profile will be tied to a used account, allowing that customer to log in to track their order or enable other personal features that may be added to the website. We may also make use of cookies.
How we use cookies
When you access our website, we, or companies we hire to track how our website is used, may place small data files called "cookies" on your computer. We and our service providers also use cookies to customize the Swing Advantage Website, content and advertising; measure promotional effectiveness, and promote trust and safety.
We send a "session cookie" to your computer when you log in to your user account or otherwise use the Swing Advantage site. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page. Once you log out or after a certain amount of time without any activity, this cookie expires and no longer has any effect.
We may also use cookies with longer durations for other purposes, such as to display your e-mail address on our sign-in form.
We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.
How Swing Advantage Uses the Collected Information
For e-mail addresses collected for our mailing list:
These e-mails are used only to send occasional updates about Swing Advantage products and events or other related information. They are not provided to third parties
For customer profiles, the data may be used for:
- Responses to direct user requests, which may include filling product orders, responding to problems with orders, entering customers in surveys or mailing newsletters, or registering previously purchased products;
- Improvements to our website and marketing protocols, based on consumer preferences and demographics;
- Sending visitors information on products, services, sports informational items, endorsers, events and/or contests concerning our products, our companies, our sports, and our website, which may be tied to past purchases or noted preferences;
- Sending users information on products, services, and events of companies involved in marketing programs with Swing Advantage which relate to the visitors' stated preferences.
The personally identifiable information you provide may be shared with our affiliates, subsidiaries, agents and related companies. We may also share your information with our agents such as web site hosting partners, order fulfillment companies, or other parties who assist us in operating our website or providing our products or services. We will also share your information if required by law to do so. Swing Advantage may choose to make use of services like Google AdSense to provide context-driven advertisements, which may make use of third party cookies or other browsing information. Many of these services may be opted out upon request. Please contact the ad vendor for more information. Unless required by law or by court order, Swing Advantage will not disclose, share or sell any customer information to any other third party without your prior authorization. Other than as described above, Swing Advantage does not transfer its visitors' personal information to third parties.
How We Safeguard the Collected Information
All user information is contained behind secured networks and is only available to a limited number of employees and contractors who have special access rights to said systems. If a visitor provides any credit card information, that information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be used and accessed only as described in this Agreement, generally to fulfill customer order requests for Swing Advantage products. We will make use of hosting services, and that host is ultimately protecting your personal information in compliance with US law.
Visitors' Abilities to Access and Change Information and Opt-Out of Future Communications
A user may, upon request by e-mail, access or change the information that Swing Advantage maintains about that user in their customer profile. The user can make these changes through our website.
A user may, upon request by e-mail, opt-out of future information requests or communications. The user should send an e-mail to [address]. Please note that such requests may take up to 8 weeks to become effective. We will maintain your name in a "do not mail" file to honor your request. Opt out links are also provided on all of our e-mail communications, and instructions to opt out using that form are available by following those links.
In the event of opt-out requests, Swing Advantage may retain information necessary for record keeping in connection with those requests. Swing Advantage may also retain past information from a customer profile.
Links to Third Party Sites
The Swing Advantage website may contain links to other websites owned by third parties. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over websites owned and operated by others, and we are not responsible for any changes to or for any content on them. Our inclusion of any third-party content or a link to a third-party site on our website is not an endorsement of that content or that third-party site.
Additional Terms
By clicking "I Accept," "I Agree," or by using the Swing Advantage website in any manner, you expressly agree to all of the terms of this Agreement. If you do not agree to the Agreement, please discontinue all use of the Swing Advantage website immediately. You further agree that this Agreement forms a legally binding contract between you and Swing Advantage LLC, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. The terms of this Agreement are subject to change at any time without prior notice, unless otherwise required by law, and the most current version will be posted on the Swing Advantage website at all times. Continued use of this site shall be considered assent to any revised terms of this Agreement. Any rights not expressly granted herein are reserved by Swing Advantage LLC.
Swing Advantage LLC reserves the right to remove any user from the Swing Advantage website for any or no reason without prior notice. You hereby acknowledge and agree that Swing Advantage LLC may store information about removed users at its sole discretion. You acknowledge and agree that Swing Advantage LLC is not liable for any lost or intentionally deleted data or any indirect damages that may occur as a result of the removal of that data.
This Agreement, and all of the website’s code, graphics, logos, trademarks, and other intellectual property, is the property of Swing Advantage and is protected by copyright, trademark, and other intellectual property laws in the United States and abroad. No reproduction of any intellectual property of Swing Advantage contained on this website or this Agreement is allowed without express written consent of Swing Advantage.
The creator of Swing Advantage is not liable in any way for damages or litigation that may arise when using or downloading content contained on all pages related to Swing Advantage website. The users acknowledge that they assume all risk and/or responsibility when using and viewing this site. Please use your own legal discretion and resources concerning any liability issues. Swing Advantage is not responsible for any consequential or subsequent damage or harm caused by use of the.
In no event shall Swing Advantage be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Swing Advantage website, even if Swing Advantage LLC has been advised of the possibility of such damages. In no event shall Swing Advantage LLC be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
If you are located outside the United States, you acknowledge and agree to having your data transferred to and processed in the United States.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF SWING ADVANTAGE AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU SWING ADVANTAGE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SWING ADVANTAGE RELATING TO THE SUBJECT OF THIS AGREEMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWING ADVANTAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflicts of laws principles thereof.